There is growing jurisprudence involving study permit applications by minors. Purpose of Study There is somewhat mixed jurisprudence involving how specific a minor’s rationale to study in Canada must be. In Ahmadi v. Canada (Citizenship and Immigration), 2023 FC 1208, Justice Gleeson stated that a visa officer refusal did not engage with the following: In … Read More
Judicial Review of Study Permit Refusals
In Nesarzadeh v Canada (Citizenship and Immigration), 2023 FC 568, the Federal Court of Canada articulated the following general framework for the judicial review of denials of study permit refusals. A reasonable decision must explain the result, in view of the law and the key facts. Vavilov seeks to reinforce a “culture of justification” requiring … Read More
Applying for a Study Permit
Generally, to be eligible for a study permit, a potential student must: present a letter of acceptance from the educational institution where she intends to study. This school must be a Designated Learning Institution; be able to both pay the tuition fees of the program as well as be able to financially support themselves and any … Read More
The Reasonableness of a Proposed Program of Study
One of the more common reasons for a study permit application to be refused is because a visa officer determines that an applicant’s proposed program of study in Canada is unreasonable given the applicant’s background. The wording of such refusals varies, but it typically includes statements about how an individual could study in a similar … Read More
When Procedural Fairness Requires a Fairness Letter
One of the most complicated topics in immigration law is determining when procedural fairness will require an immigration officer who is assessing an application to seek clarification in the form of a fairness letter or interview. As the Supreme Court of Canada noted in Baker v. Canada (Minister of Citizenship and Immigration) the the concept of procedural … Read More
Studying without a Study Permit
Foreign nationals are required to obtain a study permit for engaging in academic, professional, vocational or other education or training that is more than six months in duration at a designated learning institution (“DLI“) in Canada. So what does this mean, and who doesn’t need a study permit? The Immigration and Refugee Protection Act (the “Act“) provides that every … Read More
Off Campus Work
Regulation 186(v) of the Immigration and Refugee Protection Regulations provides that a foreign national may work off campus if: (v) if they are the holder of a study permit and (i) they are a full-time student enrolled at a designated learning institution as defined in section 211.1, (ii) the program in which they are enrolled is a … Read More
Where to Apply for a Study Permit
Regulation 215 of the Immigration and Refugee Protection Regulations states that: 215 (1) A foreign national may apply for a study permit after entering Canada if they (a) hold a study permit; (b) apply within the period beginning 90 days before the expiry of their authorization to engage in studies in Canada under subsection 30(2) of the … Read More
Actively Pursuing Studies
Regulation 220.1(1) of the Immigration and Refugee Protection Regulations provides that the holder of a study permit in Canada (a) shall enroll at a designated learning institution and remain enrolled at a designated learning institution until they complete their studies and (b) shall actively pursue their course or program of study. Non-compliance with this requirement can, subject to … Read More
Biometric Requirements to Enter Canada
On July 31, 2018 Canada is imposing new biometric requirements on individuals wishing to visit Canada. Biometrics refers to the taking of fingerprints and a photograph. Biometrics collection is being expanded to include all persons (with certain exemptions) applying for temporary or permanent residence, including all those applying for a temporary or permanent resident visa … Read More
- Page 1 of 2
- 1
- 2