Can I Apply for a Study Spouse Visa at the Age Exceeding 30?

Canadian laws don’t allow you to study in Canada without a study permit as well as work without a work permit. Both cases become illegal in Canada.

Who is a Spouse?

A Spouse is a legally married partner. Canadian law doesn’t consider a common-law partner as a spouse. However, a spouse may be from the same or opposite sex partnership.

Sponsoring Spouse or Partner

Depending upon your eligibility, Canadian laws permit you to sponsor your spouse for permanent residentship of Canada.

However, if you are a temporary resident on a permit or visa, i.e. a student, a worker or a visitor, you are not eligible to sponsor your spouse or common-law partner.

Eligibility Requirements for Getting Sponsored

It is not only you who must fulfil the eligibility to sponsor your common-law partner, spouse or conjugal partner, he/she should also meet specific eligibility requirements such as

• His/her age must be above 18 years
• Legally married to you if a spouse
• You can prove your conjugal relationship with him/her
• You can prove your common-law partner relationship with him/her

Study Permit

Obtaining a study permit to study in an educational institute of your choice in Canada is an inescapable requirement. IRCC issues this document. You can use the form IMM 5709 to apply for your study permit.

The document lays down certain conditions such as the period of stay and when to leave as well as any travel restrictions for the period of stay as per the study programme you wish to get enrolled.

You won’t require a study permit if you have planned to study a course of six months duration. Canadian law permits study in short courses of up to six months period without a study permit.

Visa and a study permit are not equivalent. Both of these documents are different. Merely having a study permit doesn’t entitle you to enter or travel in Canada.

Student Direct Stream

The process of obtaining a study permit is faster if you apply under the Student Direct Stream, commonly known as the SDS. Usually, the application gets processed within twenty days under the SDS.

Designated Learning Institutions

A Designated Learning Institution or commonly known as the DLI is a category of a school or educational institute in Canada. These are post-secondary institutes. Educational institutes up to secondary level, i.e. Primary and Secondary, are automatically designated. Your application for study permit gets accepted provided you have been accepted as a student at a DLI in Canada.

Work Permit for Spouse is Different

You will need a work permit for your spouse if you are studying in Canada and your spouse plans to work in Canada subject to fulfilling certain conditions such as

• You are an international student in Canada
• You are studying full time
• You have a valid study permit

One can apply for a work permit before arrival or even after his/her arrival. Usually, common-law partners or spouse first come to Canada on a visitor visa, commonly known as Temporary Resident Visa. Once they arrive, they apply for a work permit.

Similar as in the case of a study permit, your work permit is also not equivalent to a visa. Therefore, merely having a work permit doesn’t entitle you to enter or travel in the Canadian region.

Work Permit for your spouse has the same validity as your study permit.

The Bottom Line

You need to apply for either a study permit or a work permit or both as per your requirement to study or work in Canada. You and your spouse must have an age of 18 years. If you plan to sponsor your spouse or partner, both he/she and you must fulfil specific requirements.

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Shobha Vats

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