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Discussion Forums: Federal Skilled Workers
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Topic: Study visa application, while PR application is in progress
Posted by smr123 (20) 17 May 2008
Hi, I am an Indian National, working in Kuwait. I recently submitted my updated documents in response to a 3 months processing notice from CIC - London Office and waiting for Medical Papers, which are expected in about 2 months time. Meanwhile my son got an offer of admission in University of Toronto, Engineering. I am planning to apply for a study permit for him from the Canadian Embassy in Abu-Dhabi.

I have the following questions in mind now.

1. If my son gets a study visa, and then when we do our medicals and apply for canadian immigration visa, that time, do I need to apply for cancellation of study visa or does it automatically gets cancelled?

2. If my medicals gets delayed, and he goes for studies on study visa, then during his studies at Canada, if we get medical papers, can he do medicals in Canada itself or does he have to travel all the way to Kuwait and do medicals here in Kuwait?
I believe the time given for medicals is just two months, and it may not be possible for him to visit Kuwait for Medicals.

3. During this time, if I travel to India, can I do the medicals in India or do I have to come back to Kuwait to do the medicals.

4. One of the requirements for obtaining a visit visa is to prove to the office at ABU-DHABI office that the student will return back to his country after his studies. It is mentioned here:

http://www.dfait-maeci.gc.ca/abudhabi/IM-student-en.asp#6

I think I can not prove this to obtain the study permit, because my PR application is under progress. Any advise on this?

Thanks in advance.
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Posted by IndianMunda (563) 18 May 2008
1. If I am able to understand correctly, you are the primary applicant. Your son' study visa will not be cancelled automatically once you done with medicals and received your ppr.

2. Once your son moved to a new address, immediately update the consulate about this. Also provide them sufficient documents in proof so that they are really clear about the situation then. Not providing the documents can cause unnecessary delays. Also, anyone from your family can have medicals in any country (just see the DMP in the nearest area). So your son can have those in Canada.

3. As updated above, you can have those in any country as lon as you consult a designated Medical practitioner for the purpose.

4. Show them your property and family roots in Abu-Dhabi. Also let them know that you have applied for the Canada immigration and if successful your family will move there.

Regarding 4th point...I will like to know other people' recommendations also
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Posted by topu (48) 27 May 2008
I applied for a visit visa while my PR application is in process. I was told they are not satisfied that I will come back as my intention is to live there permanently. Hence a soft refusal (no stamp about refusal).
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Posted by gaveuponusgc (28) 27 May 2008
My wife (and I as dependent) applied for temporary worker visa while our PR application was in process (I am primary). The work visa was approved without any issue.
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Posted by olusoar (14) 27 May 2008
Please what do you mean by soft refusal? And what differentiate this from any other refusal. Thanx
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Posted by olusoar (14) 28 May 2008
Hi ,
These are answers to your questions
1. If your son gets Study permit- fine, you dont need to apply for cancellation of the study permit if actually he is planning studying in canada, there is nothing stopping your son having a valid study permit and been a Permanent resident as a dependant to you. I said fine if he gets study permit bcos in west Africa where i come from, once you make attempt to apply for Permanent resident, forget it be it student visa, visit visa that you or your dependants filed for are hardly granted though some maybe lucky and the reason they give is that go and wait till the permanent resident is out as it looks you will not return back home bcos one of the requirement of a study permit is that you must prove that you will return home after your studies and for someone that has applied or applied on his behalf for permanent resident then thats no proof he will return home.
Though i read on the forum that one person has Permanent in process and later applied for work permit and was given which he compared to the guy in similar situation but wanting to study- it appears that only visit visa and student visa you have to prove you will return home, for a work permit you dont need that bcos the canadian govt knows your contract can be permanent and you might eventually stay in canada- so i think this expalins why someone with work permit was granted and the person with visiting intention refused, like i mentioned earlier this also depends on the visa officer and the embassies vary from one to the other but in west africa forget it, you could be lucky with work permit but not with visit or study permit while your Permanent resident is in progress.

2. I think someone has answered this question very well, you can do your medicals in any country and thats why CIC ask for any change of address so that you can be sent to any of their locations to do the test, in addition when a study visa is approved, a medical test is done- detailed one so am of the opinion that if your son time of travel for studies to canada is close to when you are asked to do the PR medical, his might be overlooked and his student medicals taken into consideration.

3. He does not have to travel anywhere, infact as a student he is eligible to undertake a test within canada as long as he has been granted study permit while your PR is in progress.

4. This question has been explained in detailed in no 1 above, your permanent resident application be in progress shows that once your son gets his study permit, he has no proof of coming home- as he can finish study and leave his family.
This is what i will advise, bcos from what i read it seems your son is interested in getting to canada more than actually picking a degree- if this is the case i will advise you wait for your permanent resident to come out then while you are in canada with your family your son can now go to school with a reduced school fees as he will not be paying the international rate again, but if you strongly want him to go for the studies before your PR finally come out, I will say you ask around Kuwait where you come from and where you work especially where you wil be applying for your son's study permit if at all anyone has had his Permanent resident in progress and that particular embassy honour/approves their student visa or visit visa.

Hope this helps.

Take care
Olusoar
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Posted by smr123 (20) 29 May 2008
Yes, I know two such cases, from Kuwait, visa office - Abu Dhabi, 2 students last year were granted study permit. Their parents PR application is in progress. One had to undergo a medical test at Kuwait, other was not requested a medical test at all. Does not seem to be a unifrom decision by the visa office. It seems to be dependant on the officer who is processing the application. Thanks for your respose, and any more information in this regard is highly appreciated. Thanks in advacne.
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Posted by IndianMunda (563) 29 May 2008
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I applied for a visit visa while my PR application is in process. I was told they are not satisfied that I will come back as my intention is to live there permanently. Hence a soft refusal (no stamp about refusal).
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I also applied just now for visitor visa and got it. My immigration application is also in progress. You need to show the appropriate docs to ensure that I will be back :)
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