INTERNATIONAL STUDENTS: STUDY PERMIT, WORK PERMIT AND COMPLIANCE WITH IMMIGRATION LAW
Since the last two decades, the number of International Students in Canada has increased significantly. International Students are required to meet various requirements to qualify for a study permit. They are also required to comply with various terms and conditions while in Canada to maintain their immigration status.
Study Permit
To qualify for a study permit, an applicant is required to:
(a) enrol at a Designated Learning Institute (DLI)
(b) have sufficient financial means to pay for tuition fee, living expenses, transportation
(c) be admissible to Canada on medical grounds
(d) establish that there are no criminal records
(e) satisfy the visa officer that he/she will depart Canada upon expiration of study permit
Compliance
While in Canada, International Students are required to:
(i) remain full-time students and actively pursue the studies
(ii) make progress towards completing the study program
(iii) obey any terms and conditions listed in the study permit
(iv) stop studying if they no longer meet the terms and conditions of their study; and
(v) leave Canada or change their immigration status
Work on Campus or Off-Campus
International Students can work if they are full-time students registered with a DLI and if there are no restrictions pertaining to work on the study permit. Generally, students can work full time during scheduled breaks at the DLI, and part-time while studying full time and actively pursuing study program.
Post Graduation Work Permit
International Students can apply for a post-graduate open work permit if
(i) they have completed an academic, vocational or professional training program at an eligible institution in Canada that is at least 8 months in duration leading to a degree, diploma or certificate, and during the studies, they have actively pursued the studies and maintained full-time student status except during leave from studies and the final academic session;
(ii) They have received an official transcript and an official letter from the educational institute confirming the completion of a program of study; and
(iii) They submit the application for a post-graduate work permit within 180 days of completion of studies, and at that time, they hold a valid study permit or authorized to stay in Canada.
Enforcement
Educational Institutes share information about international students with the Immigration, Refugees and Citizenship Canada (IRCC), and failure to comply with the terms and conditions of a study permit, failure to actively pursue the studies and failure to remain a full-time student, may lead to an enforcement action by the Canada Border Services Agency(CBSA) leading to a removal order. If an international student received a notification from the IRCC or CBSA, or if the IRCC or CBSA office visits an international student concerning compliance with the terms of studies in Canada, it is strongly advised to consult a lawyer before initiating any correspondence with the IRCC or CBSA.
If you are an international student and need to consult a lawyer, you can contact our office to book an appointment.