In the pursuit of quality education, Canada has become a favored destination for international students. However, for individuals like Valentina, a Colombian citizen studying in Canada with a valid study permit, it’s crucial to understand and adhere to the specific conditions associated with this permit. This article aims to demystify study permit conditions and their implications, helping prospective and current international students navigate the intricacies of studying in Canada.
Understanding Study Permit Conditions
Under subsection 220.1(1) of the Immigration and Refugee Protection Regulations (IRPR), individuals holding a study permit in Canada must comply with two fundamental conditions:
- Enrollment at a Designated Learning Institution (DLI): Students must be enrolled at a Designated Learning Institution (DLI) and maintain continuous enrollment until they complete their studies.
- Active Pursuit of Studies: Effective June 1, 2014, all study permit holders must actively pursue their chosen course or program of study.
Assessing Compliance with Study Permit Conditions
Compliance with these conditions is evaluated through various means, including:
Enrolment at a DLI
- Students who obtained a study permit after June 1, 2014, must enroll at a DLI.
- If a student’s institution loses its DLI status, they can continue studying there until the permit expires or transfer to another DLI. Renewing the study permit to continue at an institution that lost its DLI status is not an option.
Actively Pursuing Studies
- Active pursuit entails maintaining full-time or at least part-time enrollment status, progressing toward course completion, and adhering to authorized leaves from studies, among other factors.
- A leave of absence should not exceed 150 days, and multiple leaves may indicate non-compliance.
Specific Situations and Compliance
Several situations may impact a student’s compliance with study permit conditions, such as:
Changing Institutions or Programs
- Students can change institutions or switch programs within the same institution, provided there are no restrictions on their study permit.
- Changes should aim at making reasonable progress toward obtaining a Canadian credential, and students must promptly report such changes.
Leave from Studies
- Students may take a leave from studies for various reasons, including medical ailments, pregnancy, family crises, or program alterations within the same institution.
- A leave should not exceed 150 days, and students must resume their studies within this period, change their status (to a visitor or worker), or leave Canada.
School Closures
- Students may need to pause their studies during strikes or permanent closures.
- Transition to a new program, change of status, or leaving Canada should occur within 150 days of school closure.
Documenting Compliance
Students may be required to provide evidence of compliance with study permit conditions. This evidence may include official documents from the institution confirming enrollment status, reasons for leave, or changes in the program of study. Documents that can assist immigration officers in verifying compliance include:
- Official documents confirming enrollment status and leave approvals.
- Current and previous transcripts.
- Character references, such as notes from professors.
- Medical practitioner notes certifying the medical necessity and leave duration.
- Documentation or letters confirming school closures.
Non-Compliance Consequences
Failure to adhere to study permit conditions can result in enforcement actions, such as exclusion orders, and may adversely affect future applications under the Immigration and Refugee Protection Act (IRPA) and IRPR.
Exemptions
Certain individuals are exempt from standard study permit conditions, including those with pending refugee claims, accredited diplomats, members of designated armed forces, and foreign nationals under specific international agreements or exchange programs.
