Can You Apply for a Student Visa while Holding a Tourist Visa in Canada?

Victoria, a traveler from Canada, has recently applied for a tourist visa for the country. She is curious whether she can simultaneously apply for a student visa or if she needs to withdraw her tourist visa application first. Moreover, she wonders if she can apply for a student visa while already in Canada on a tourist visa basis.

The complexity of visa applications

Vic's inquiries highlight the intricate nature of visa applications in Canada. It's important to understand that the manner in which you present your intentions in a visa application can impact your eligibility for different types of visas. Here, we'll explore the optimal strategies and potential pitfalls of Vic's inquiry.

Withdrawal or Lie: What Perspective to Take?

One common concern expressed by Vic is the impact of mentioning a student visa on a tourist visa application. It is a valid worry due to the thorough nature of visa processing. Even if Vic later withdraws her tourist application, the initial submission may already be on file. Mentioning a student visa so soon after an application for tourist status could be seen as intentional misrepresentation. This could lead to future complications in visa applications.

Legal Framework and Practicality

According to the Immigration, Refugees and Citizenship Canada (IRCC), it's recognized that individuals can have dual intentions. However, the decision on whether to proceed is left to the discretion of the visa officials. If your personal and financial circumstances are solid, there may not be a need to withdraw your tourist visa application.

Applying for a Study Permit

It's crucial to understand that you must apply for your study permit outside of Canada if you are in the country on a tourist visa. A Temporary Resident Visa (TRV), which is not supported by a study or work permit, allows a visit to Canada, but the visitor is not permitted to work or study. For an individual planning to study in Canada, especially if the program is six months or longer, a valid study permit is essential. Not all nationalities require an additional TRV to apply for a study permit, while others might need both.

Standard practice, with exceptions, is that one cannot apply for a study permit from within Canada. However, Canada's current border status presents additional challenges. With the ongoing pandemic, Canada's borders are closed and visa applications for visitation purposes are essentially on hold. It is advisable to wait until the restrictions are lifted, expected around 2022, to re-apply.

Given the current situation, it’s important to recognize the unique circumstances surrounding visa applications in Canada. It’s best to follow official guidelines and wait until the borders are open to apply for a study visa. If you are eligible, you can later apply for a study permit following your arrival in Canada. Otherwise, pursuing a student visa while already in the country on a tourist visa might not be feasible due to regulatory limitations.