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How To Transition From A Student Visa To Permanent Residency

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How To Transition From A Student Visa To Permanent Residency

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Understand the Pathways Available

United States

Canada

United Kingdom

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Check Eligibility Requirements

  • Maintain lawful F-1 status throughout the study period.
  • Secure employment related to the field of study during OPT.
  • Obtain H-1B sponsorship from an employer.
  • Meet the requirements for adjustment of status, including continuous lawful presence and admissibility criteria.
  • Complete a program at a designated learning institution.
  • Apply for a PGWP within 180 days of receiving the final marks.
  • Gain skilled work experience in Canada.
  • Meet language proficiency requirements and other criteria under Express Entry or PNPs.
  • Complete an eligible course at a UK higher education provider.
  • Apply for the Graduate Route within the specified timeframe.
  • Secure a job offer from a licensed sponsor for the Skilled Worker visa.
  • Meet salary thresholds and English language requirements.

Gain Relevant Work Experience

  • Utilize OPT to gain practical experience in your field.
  • Seek employment with companies that have a history of sponsoring H-1B visas.
  • Maintain detailed records of employment, including job descriptions and duration.
  • Use the PGWP to work in occupations classified under the National Occupational Classification (NOC) skill levels 0, A, or B.
  • Accumulate at least one year of full-time skilled work experience to qualify for the Canadian Experience Class.
  • Leverage the Graduate Route to gain work experience in the UK.
  • Aim for positions that meet the criteria for the Skilled Worker visa, including salary thresholds and skill levels.

Apply Under the Right Immigration Stream

  • Employment-Based Green Card: Employers can sponsor employees for permanent residency through the PERM labor certification process, followed by filing Form I-140 and Form I-485.
  • Family-Based Green Card: Immediate relatives can file Form I-130 on behalf of the student.
  • Express Entry: A points-based system that evaluates candidates based on age, education, work experience, and language proficiency.
  • Provincial Nominee Programs: Each province has specific streams targeting international graduates.
  • Skilled Worker Visa: Requires a job offer from a licensed sponsor and meeting salary and skill requirements.
  • Indefinite Leave to Remain (ILR): After five years on a Skilled Worker visa, individuals may apply for ILR, leading to permanent residency.

Prepare and Submit Your PR Application

  • Gather necessary documents, including employment records, tax returns, and proof of lawful status.
  • Complete and submit Form I-485 for adjustment of status.
  • Attend biometrics appointments and interviews as scheduled.
  • Create an Express Entry profile and submit an Expression of Interest.
  • Receive an Invitation to Apply (ITA) and submit a complete application within the specified timeframe.
  • Provide documents such as language test results, educational credentials, and work experience letters.
  • Apply for the Skilled Worker visa with a Certificate of Sponsorship from your employer.
  • After five years, apply for ILR by demonstrating continuous residence, knowledge of the English language, and passing the Life in the UK test.

Track Your Application and Maintain Status

  • Monitor your application status through the USCIS online portal.
  • Avoid unauthorized employment or overstaying your visa.
  • Maintain valid immigration status throughout the process.
  • Use the online account to track the status of your application.
  • Ensure that your work permit and other documents remain valid during the processing period.
  • Check application updates through the UK Visas and Immigration (UKVI) online system.
  • Comply with visa conditions, including employment restrictions and reporting requirements.

Get Ready for Life as a Permanent Resident

  • Upon approval, receive your green card and understand the rights and responsibilities it entails.
  • Update your Social Security records and inform your employer of your new status.
  • Receive your Confirmation of Permanent Residence (COPR) and Permanent Resident (PR) card.
  • Access healthcare, social services, and other benefits available to permanent residents.
  • Obtain your Biometric Residence Permit (BRP) indicating your ILR status.
  • Enjoy the rights associated with permanent residency, including access to public funds and services.

Helpful Tips for a Successful Transition

  • Plan Ahead: Start the transition process early to ensure timely application submissions.
  • Stay Informed: Keep abreast of changes in immigration policies and requirements.
  • Maintain Documentation: Keep all records, including academic transcripts, employment letters, and immigration documents, organized and up to date.
  • Seek Professional Advice: Consult with immigration experts or legal professionals to navigate complex situations.
  • Comply with Regulations: Adhere strictly to visa conditions and avoid any activities that could jeopardize your status.

 Resources and Government Links

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