Roy/Sharon..PLZZZZ ADVISE!!!!!!

Canada Immigration Forum (discussion group)


 
       
Subject: Roy/Sharon..PLZZZZ ADVISE!!!!!!
  I am from India and have done my bachelor in electronics and communication engg. and have applied to Canada for my master?s but on the other hand my name is there as a dependent chid in my mothers PR application applied at New Delhi in 2005.Now people are saying don?t apply for student visa to canada as it is very difficult to get because your name is already there in PR file But i feel if i do my masters from Canada i will be able to help my family if we get PR in the mean time and if we dont a degree from Canada will definately help me in getting a good job in my country.
My academics are good and hope to get admission to a good university.
Should I apply for Student Visa??????because if it is not possible to get then it is better not have rejection stamp on my passport.

[18-05-2008,13:07]
[***.162.18.110]
mun
(in reply to: Roy/Sharon..PLZZZZ ADVISE!!!!!!)
I guess the first questions would be whether CIC would still consider you a dependent of your parents if you were in Canada as a student. If they say no, you are stripped from the PR application.

Second consideration is that CIC is not nearly that objective with an application. They will not sit back and say this dependent child is doing their best to help Mom and Dad and therefore we should give them what they are requesting.

BUT, if your parents are coming as skilled workers (you do not say) perhaps you need to simply consider what is best for your future - even if it means you do not get included in their PR application. As an international student you may be able to apply for a PR on your own merits. International student requrements are expensive. Do you have the funds to qualify?

[18-05-2008,14:23]
[**.155.160.37]
Sharon
(in reply to: Roy/Sharon..PLZZZZ ADVISE!!!!!!)
yeah my parents have applied under skilled worker and about funds my parents are going to support me as thave enough funds covering my tuition fee and living expenses but the problem is DO I have a chance to get student visa??as my name is already there as a dependent child in my parents PR application.
Moreover i have also done all the things as IELTS(7.5 band) and appllied to universities and hope to get the offer letter soon and also my funds.
But suddenly i am feeling very low fearing a rejection.What you suggest to apply or not?

[18-05-2008,15:15]
[***.162.18.110]
mun
(in reply to: Roy/Sharon..PLZZZZ ADVISE!!!!!!)
I am not a CIC officer but from my perspective the biggest question is whether you attending school overseas disqualifies you as a dependent. Roy?

the other question would be, with your family´s obvious intention to immigrate, one of the other criteria for student visas is the express ability and intention to return home at the end of the school program. CIC may look at the Student Visa as a means to gain entry into Canada to bypass any risk/consequences of being denied a skilled worker PR. - follow my logic... You arrive as a student. Once here you do the required steps to apply as a PR on your own merits. Once landed you sponsor your parents to come.

I would suggest that while the Canadian education would be valuable for your long term future and success - you may be creating a bit of a nightmare for yourself.

Roy may have a different perspective and he has more experience in this area.

[18-05-2008,15:23]
[**.155.160.37]
Sharon
(in reply to: Roy/Sharon..PLZZZZ ADVISE!!!!!!)
But if a international student can apply and get PR after studies then i don´t understand the criteria to express ability and intention to return home at the end of the school program.
Moreover,canadian government has changed the rule and now getting a job in any field qualify a international student to apply for PR.Thus making PR eassier for students.Don´t you think its really complex.

[18-05-2008,15:31]
[***.162.18.110]
mun
(in reply to: Roy/Sharon..PLZZZZ ADVISE!!!!!!)
right from the CIC website:

To be eligible to study in Canada
You must have been accepted by a school, college, university or other educational institution in Canada.

You must prove that you have enough money to pay for your:
tuition fees, living expenses for yourself and any family members who come with you to Canada and return transportation for yourself and any family members who come with you to Canada.

You must be a law-abiding citizen with no criminal record and not be a risk to the security of Canada. You may have to provide a police certificate.

You must be in good health and willing to complete a medical examination, if necessary.

YOU MUST SATISFY AN IMMIGRATION OFFICER THAT YOU WILL LEAVE CANADA WHEN YOU HAVE COMPLETED YOUR STUDIES.


[18-05-2008,15:52]
[**.155.160.37]
Sharon
(in reply to: Roy/Sharon..PLZZZZ ADVISE!!!!!!)
I satisfy the first four conditions but for the last one I think my parents PR application has a negative impact.

Just a suggestion or a piece of advise from your side

Should i apply for student visa or not??

[18-05-2008,16:00]
[***.162.18.110]
mun
(in reply to: Roy/Sharon..PLZZZZ ADVISE!!!!!!)
before you do anything, you need to find out whether your visa will void your dependent status - and I cannot answer that nor would I want to risk telling you yes only to discover you have lost your chance at immigrating with your parents. The operational manuals are silent - you may need to look at the actual legislation or get the advice of an immigration lawyer.

The only person that MAY have that answer around here is Roy and it is a long weekend. hopefully he is out having a picnic with his family.





[18-05-2008,16:25]
[**.155.160.37]
Sharon
(in reply to: Roy/Sharon..PLZZZZ ADVISE!!!!!!)
Mun

What your focusing on is the negative and not the issue at hand. Part of the reason your focusing on the refusal stamp is because so many students from India get refused, correct.

You should only focus on the definition of a dependent in the regulations. Since you would be (B) actively pursuing a course of academic, professional or vocational training on a full-time basis, your still a dependent no matter where ever your attending. The regulations are found here in case you wish to read more yourself. http://laws.justice.gc.ca/en/showdoc/cr/SOR-2002-227/bo-ga:l_1-gb:l_1//en#anchorbo-ga:l_1-gb:l_1

"dependent child" , in respect of a parent, means a child who

(a) has one of the following relationships with the parent, namely,

(i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or

(ii) is the adopted child of the parent; and

(b) is in one of the following situations of dependency, namely,

(i) is less than 22 years of age and not a spouse or common-law partner,

(ii) has depended substantially on the financial support of the parent since before the age of 22 ? or if the child became a spouse or common-law partner before the age of 22, since becoming a spouse or common-law partner ? and, since before the age of 22 or since becoming a spouse or common-law partner, as the case may be, has been a student

(A) continuously enrolled in and attending a post-secondary institution that is accredited by the relevant government authority, and

(B) actively pursuing a course of academic, professional or vocational training on a full-time basis, or

(iii) is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition. ( enfant ? charge )

Roy
www.cvimmigration.com

[19-05-2008,10:19]
[**.55.217.146]
Roy
(in reply to: Roy/Sharon..PLZZZZ ADVISE!!!!!!)
Mun

One could logically assume that since you have already applied to immigrate to Canada years ago you have decided not to put your plans on hold. Your tooooooooo worried about failure before you even apply. Some other negative people will tell you that you can not get a temporary status document after applying for a PR status but your task will be to convince them that you will leave by the end of your studies because...........(fill in your own personal reason)

The issue of temporary status now that the government is trying to introduce the Canadian Experience Class for students and those on work permits to apply for PR status from within Canada throws the whole temporary thinking on its head.

(A) continuously enrolled in and attending a post-secondary institution that is accredited by the relevant government authority, and ------this does not state that you only have to be enrolled in an Indian post secondary institution.

COME ON OVER AND BEST OF LUCK!

Roy
www.cvimmigration.com

[19-05-2008,10:27]
[**.55.217.146]
Roy
(in reply to: Roy/Sharon..PLZZZZ ADVISE!!!!!!)
I knew Roy would know for sure! I learned something new too :)
[19-05-2008,14:29]
[**.155.160.37]
Sharon