The Immigration, Refugees and Citizenship Canada Guidelines state: 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. In assessing the adequacy of a student’s financial resources, officers may exercise discretion in the documentation they request from applicants. In situations where student applicants generally pose a very low risk regarding funds, officers may choose to limit or waive routine requirements for documentary evidence. Low-risk applicants are more likely to be exempted from the requirement to obtain a temporary resident visa. Based on the known incidence of indigent and non-bona fide applicants, reliability of financial documentation, and so forth, individual visa offices are best placed … 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 the decision-maker to provide a logical explanation for the result and to be responsive to the parties’ submissions, but it also requires the context for decision-making to be taken into account. Visa Officers face a deluge of applications, and their reasons do not need to be lengthy or detailed. However, their reasons do need to set out the key elements of the Officer’s line of analysis and be responsive to the core of the claimant’s submissions on the most relevant points. The onus is on the Applicant to satisfy the Officer that they meet the requirements of the law that applies to consideration of student visas, including that they will leave at the end of their authorized stay. Visa Officers must consider the “push” and “pull” factors that could lead an Applicant to overstay their visa and stay in Canada, or that would encourage them … 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 accompanying financial members. Depending on the person’s country of origin, they may be required to take out a GIC with a designated Canadian bank; be able to cover the cost of transportation to and from Canada; pass any medical examinations; possibly show proof of health insurance; demonstrate that they are a bona fide student and that they will leave Canada at the end of the period authorized by their stay. Not every student needs a study permit. Exempt students include: persons seeking to study for a short-term program (unless they wish to work on campus). minor students in Canada. Approval Rate Statistics The following charts were obtained through Access to Information Act requests. Here is the Immigration, Refugees and Citizenship Canada (“IRCC”) approval rate for study permit applications based on certain countries of origin from 2009 – 2013. Here is a breakdown of approvals for India, China, … Read More
Mandamus for Study Permits
Are you an international student facing delays in your Canadian study permit application? Delays can be frustrating and disruptive, especially when they threaten your academic plans. This post will explore how a mandamus application can help overcome these obstacles. Overview of Mandamus A mandamus application is a legal action that compels a government authority or public official to perform a duty they are legally required to fulfill. In the context of study permits, it’s a way for students to ask the Federal Court of Canada to order Immigration, Refugees, and Citizenship Canada (“IRCC“) to process their application when faced with unreasonable delays. To successfully file a mandamus application for a study permit, one must meet certain legal requirements. Understanding these criteria is key to determining whether this legal remedy is appropriate. Right to a Decision: You must prove that they have a clear right to a decision on their study permit application. This means IRCC is obligated to make a decision, although it doesn’t guarantee that the decision will be an approved study permit. Unreasonable Delay: One must demonstrate that the delay in processing the application is unreasonable, meaning it far exceeds standard processing times without a valid reason. Non-Discretionary Duty: … 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 certain exceptions that are beyond the scope of this post, result in a person being barred from Canada for one year. The Immigration, Refugees and Citizenship Canada (“IRCC“) website contains guidelines (the “Guidelines”) on interpreting these requirements. The guidelines are divided into the following sections: Full-time and part-time studies Progress toward completion of courses Changing institutions or changing programs of study at the same institution D. Leave from studies E. Deferred enrollment F. School closures G. Change of status H. Spouses or common-law partners of full-time students (C42) I. Children of full-time students J. Working on or off campus not authorized during any leave from studies K. Co-op and internship placements not authorized during any leave from studies I have reproduced or paraphrased much of the Guidelines below. At the end of this post I have summarized Federal Court of Canada jurisprudence on the matter. … Read More
Minors and Applying for Study Permits
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 this instance, the PA’s application detailed a series of reasons for pursuing the PA’s grade 4 education in Canada. The reasons advanced in the application explained that: (1) studies outside of Iran were viewed as beneficial to the PA; (2) efforts to have the PA study in Turkey had not been successful; (3) the objective of studying abroad was to help the PA improve his English skills; (4) Canada was a more affordable option than the United Kingdom; (5) the family had the financial means to pay for the PA to study abroad; and (6) the presence of family friends and a Farsi speaking community in North Vancouver would assist the PA in integrating. The GCMS notes address the rational for seeking the study permit: “similar programs are available closer to the applicant’s place of residence. Motivation to pursue studies in Canada does not seem reasonable … Read More
Study Permit Statistics
The following two charts show study permit approval rates based on DLI and based on country of citizenship for 2022. The following chart shows the number of study permits by DLI from 2019 – 2023.
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 program for a cheaper cost in their country of residence, or that there is no logical academic progression given their previous studies. The following is an example of such a refusal. The Law Visa officers have the authority to determine whether a study permit applicant’s proposed program of study is reasonable. It is reasonable for an officer to find that an intended program does not accord with an applicant’s previous academic history. Officers can also question applicants who are abruptly changing career paths. However, the decisions of visa officers must demonstrate that all evidence of applicants was considered. Where they do not, the decisions will be unreasonable. For example, in Taiwo v. Canada (Citizenship and Immigration), 2018 FC 91, Justice Shore stated that: The Officer should not have doubted the Applicant’s explanations regarding his change of career path. The Applicant first studied in Sociology from … 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 fairness is eminently variable and its content is to be decided in the specific context of each case. When a visa officer does not rely on third party extrinsic evidence to make a decision it can often appear unclear when exactly it is necessary for an officer to afford an applicant an interview or a right to respond to the officer’s concerns. However, there will be a right to respond under certain circumstances. Requirement to Provide Complete Applications Visa officers do not have any legal responsibility to advise applicants of incomplete or inadequate applications. In Kaur v. Canada (Citizenship and Immigration), 2010 FC 758, for example, the Federal Court dismissed a judicial review application of a visa officer’s refusal of an applicant under the Federal Skilled Worker Program. A visa officer determined that the application was deficient as it failed to include required information regarding … 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 minor child in Canada, other than a child of a temporary resident not authorized to work or study, is authorized to study at the pre-school, primary or secondary level. The Immigration and Refugee Protection Regulations (“IRPR“) further provide that a foreign national does not need a study permit to study in the following circumstances: (a) if they are a family member or a member of the private staff of a foreign representative who is properly accredited by the Department of Foreign Affairs and International Trade and who is in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member; (b) as a member of the armed forces of a country that is a designated state for the … Read More
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