Understanding the Student Visa Regime - Part 1

Background Canada is a popular option for many foreign nationals to immigrate and they choose studies as a first step towards it. The Government of Canada regularly releases data regarding study permit holders on its website.

Recently, international students have been in many headlines, may it be the scam of fake offer letters, revoking admissions and most recently being blamed for high housing markets. Mark Miller in a podcast (first 17 minutes) talks about bad actors in the system and private colleges exploiting students to gain profit by giving them false hopes. The Government of Canada has indicated they would add or make changes to the student visa regime.

FN's choose Canada primarily because of PGWP (post-graduate work permit), which allows them to stay in Canada (up to three 3 years) after completing their studies and find work that can help them with their PR application. More details about PGWP can be found here. Understanding Study Permit Application Process

If you are planning to study in Canada, you will need to choose/find a program in a Designated Learning Institution. Many FN would prefer to study for two years because this gives them three years of an open work permit. You can choose two different one-year programs done together or a two-year program. You would want to study for two years to get three of PGWP. PRO-TIP: Choosing a program and a province can play an essential part in your long-term goals like getting permanent residency in Canada.

Once you choose your program you will need to apply for admission. Universities and Colleges provide all the information about the admission process on their website. When you get the LOA you need to review it for any conditions for admission. The letter of acceptance should have all the details needed for IRCC to process the application. PRO-TIP: If you already have a bachelor's degree, it is better to study for a master's program as it shows progression in visa application and helps in the express entry system. When you have been accepted for the program offered by the DLI, you can start working on your study permit application. Preparing a study permit application starts with a document checklist, there is a general document checklist and a country-specific document checklist. The following documents must be provided with a study permit application for both new applications and renewals:

• Application for Study Permit Made Outside of Canada form [IMM 1294] (overseas) or Application to Change Conditions, Extend my Stay or Remain in Canada as a Student form [IMM 5709] (inland);

• Family Information form [IMM 5645], if applicable;

• Schedule 1 – Application for a Temporary Resident Visa Made Outside Canada form [IMM 5257], if applicable;

• Statutory Declaration of Common-law Union form [IMM 5409], if applicable;

• Custodianship Declaration form [IMM 5646], for applicants who are minors;

• Use of a Representative form [IMM 5476], if applicable;

• Letter of acceptance or letter of enrolment or transcript (renewals) from a designated learning institution (DLI);

• Proof of financial support;

• Attestation of issuance of your Quebec Acceptance Certificate (CAQ) from the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) for applicants destined to Quebec;

• Application processing fee payment, and if applicable, biometric process fee payment;

• Proof of identity:

  • original valid passport, or

  • photocopy of the information/biodata page of the applicant’s passport;

• Two recent passport-sized photographs (applicant’s name and date of birth should be written on the back of the photos); and

• Proof of completion of upfront medical examination from the panel physician (optional).

The submitted application goes through a completeness check (R10) and in case any document/information is missing it will be returned or rejected.

Understanding General Laws and Regulations for Study Permit Applications As per R213, a FN must apply for a study permit before entering Canada. Some FN's may apply upon entry (R214) and some after entry (R215). If the duration of study is six months or less, a study permit is not required as per s.188(1)(c) of the Regulation (you would still need a TRV).

Issuance of Study Permits, R216(1)

(b), will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9. All workers or students need to comply with or satisfy the general conditions for Temporary Residents. Individuals need to demonstrate that they will leave Canada at the end of their authorized period of stay and it depends on the case or situation of the applicant. The visa officer would consider various factors including the applicant's financial and personal ties to the home country, previous immigration attempts or criminal history.

Important case;

Iyiola v. Canada (Citizenship and Immigration), 2020 FC 324 on the definition of a genuine student, R216 and R220.

(d) meets the requirements of subsections 30(2) and (3), if they must submit to a medical examination under paragraph 16(2)(b) of the Act To satisfy the officer to be medically admissible and not be expected to cause excessive demand or be a danger to public health or public safety. (e) has been accepted to undertake a program of study at a designated learning institution

A study permit can only be issued to a person who has been accepted to pursue studies (full-time) at a DLI.

Study in Quebec, R216(3) FN who has been accepted to study at a DLI in Quebec will require a CAQ(Certificat d’acceptation du Québec).

Financial Resources, R220 As per this section, An officer shall not issue a study permit to a foreign national, other than one described in paragraph 215(1)(d) or (e), unless they have sufficient and available financial resources, without working in Canada, to

• (a) pay the tuition fees for the course or program of studies that they intend to pursue;

• (b) maintain themself and any family members who are accompanying them during their proposed period of study; and

• (c) pay the costs of transporting themself and the family members referred to in paragraph (b) to and from Canada.

The operational manual states that the applicant is only required to show funds for the first year,

"Students are required to demonstrate financial sufficiency for only the first year of studies, regardless of the duration of the course or program of studies in which they are enrolled. In other words, a single student entering a four-year degree program with an annual tuition fee of $15,000 must demonstrate funds of $15,000 to satisfy the requirements, and not the full $60,000 which would be required for four years. Officers should be satisfied however that the probability of funding for future years does exist (i.e., parents are employed); scholarship is for more than one year. Applications for extensions made to CPC-E must also meet this requirement." R220 is clear that there should be financial resources to pay tuition for the entire course of the program, plus the living cost in Canada for that duration (this bar will increase if there are accompanying family members).

The totality of the evidence in the application should reflect that the applicant can afford to study in Canada. For this, the officer will consider the financial situation of the applicant's family members through tax returns and annual income. The federal court in Tehrani (2023 FC 159), where the applicant only paid fees to hold her admission acknowledged that R220 does not require proof of actual payment of all or a portion of the tuition – only the financial ability to pay the tuition and other expenses.

You can combine all financial documents together and provide a funding plan for the entire duration of the course.

Study Plan and Submission Letters?

A study plan is a brief explanation of a student's intentions and reasons to study in Canada, whereas a submission letter is a persuasive explanation of how the applicant satisfies all requirements of the law and be granted a positive decision. Providing a study plan and submission letter is not a requirement, but it helps officers process the application and understand the relevancy of documents.

Together these two should clearly establish that you are a bona fide student, why are you choosing the program and how it will benefit you.

Common Scenarios;

1. When your proposed studies are not relevant.

The officer does take into consideration some relevancy in the study plan which should show progression, for example, an applicant with a Bachelor's in Economics would want to do MBA or similar. However, there can be a case where the applicant decides to choose a completely different field of study. This itself cannot be the only reason for rejection. A similar case Taiwo v. Canada (Citizenship and Immigration), 2018 FC 91 in which the applicant has applied to study something completely different from his background. The FC has acknowledged (in many cases) that choosing a study program, different from the previous background alone cannot be a reason for refusal, for example, a software engineer can come to Canada to study at a drama school.

2. Different ways to satisfy financial requirements.

The officer wants to evaluate the applicant's overall financial stability and ability. This requirement is very case-specific, for example, an applicant with a LOA to do fully funded studies in any top University would only have to show financial for living. Most of the international students who come to Canada provide financial documents (bank statements, savings, or income tax returns) of their parents. Another way to satisfy R220 is GIC. In case an extended family member is willing to support your education in Canada, an affidavit or sworn statement must be included.

It is very important that the source of money is legitimate.

3. Previous refusals

If you have been refused in past, it is important to know the exact reasons for the refusal and address them in the submission letter. You can request this information through ATIP (Access To Information Request). There are many resources that can process this request on your behalf (you need to provide consent).

You can also contact us for this service.

Manual (from ATIP request) that the IRCC officer uses to process study permit applications from India can help individuals with their SP application.

Processing SP Application from India.pdf

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