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
Environmental Overview – Nairobi
The following blog post contains information specific to the Canadian visa office in Nairobi. 2013 OVERVIEW The following is a summary of the Environmental Overview of the immigration functions at the Canadian High Commission in Naiorbi (the “Environmental Overview”). The Environmental Overview was prepared as part of the Citizenship and Immigration Canada 2013-2014 planning exercise, and is current as of January 2013. Areas in blockquote are direct passages from the Environmental Overview. Environment The Canadian High Commission in Nairobi (“CIC Nairobi”) provides visa services to residents of Kenya, Burundi, Congo, Comoros, Djibouti, Eritrea, Ethiopia, French Southern Territories, Madagascar, Mauritius, Mayotte, Reunion, Rwanda, Seychelles, Somalia, South Sudan, Tanzania, and Uganda. Many visa applicants, including senior government officials from many of the countries within Nairobi’s jurisdiction, are inadmissible for activities ranging from genocide to subversion, a factor which continues to be a bilateral irritant for Canada in the region. There are 13 Canada Based Staff, 2 Designated Immigration Officers, 3 Immigration Program Officers, 2 Locally Engaged 06, 22 Locally Engaged 05, 4 Locally engaged 04, and 9 locally Engaged 03 working at CIC Nairobi. With the advent of e-applications, Nairobi is now starting to benefit from the assistance of QRC in the promotion on Temporary … 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 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
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
Study Permit Regulations to be Overhauled June 1, 2014
On February 12, 2014, the Government of Canada stated that it had made regulatory amendments to the Immigration and Refugee Protection Regulations (“IRPR”) which will take affect on June 1, 2014. The changes will alter Canada’s international student landscape. The new rules are being introduced because the Government of Canada has been concerned that some educational institutions have been taking advantage of international students. (One of my biggest annoyances is meeting with international students who state that their private post-secondary schools misled them into thinking that they would be eligible for post-graduate work permits.) The government has even suspected some educational institutes are little more than “visa mills” whose primary purpose is to get students work permits. As well, there has been an increasing tendency of internationals students using study permits as a means to enter Canada for purposes other than study, including employment, and, allegedly, criminal purposes. Canada’s reputable post-secondary institutions, which have to compete for the best and brightest international students, have been unamused with how some of the unscrupulous behaviour has impacted their ability to market. The changes are: Current regulations New regulations, as of June 1, 2014 Applicants must show that they intend to pursue studies in Canada when … Read More
Sign at Canadian Embassy in Beijing Shows Impact of PAFSO Strike
A reader sent me a digital photograph of a sign allegedly posted at the Canadian Embassy in Beijing. As the PAFSO job action continues, the implications for prospective international students is become quite serious. I can’t even guess on how post-secondary institutions are preparing and mitigating.
Study Permit Restrictions to Take Affect January 1, 2014
The Government of Canada has introduced amendments to the Immigration and Refugee Protection Regulations which will restrict which schools are eligible to have international students study at them. Effective January 1, 2014, the issuance of study permits will be limited to international students attending designated learning institutions. Currently, most provinces and territories have a mix of public educational institutions, private degree-granting institutions, and private non-degree-granting career colleges. The latter are subject to varying degrees of regulations, and private language schools are generally not regulated at all. Previously, any of these institutions could host international students on study permits. Under the new regulations, however, only students attending designated institutions can receive study permits. Designated institutions include: a learning institution that is administered by a federal department or agency; if a province has entered into an agreement with Citizenship and Immigration Canada in respect of learning institutions that host international students, a learning institution in Canada that is designated by that province under the agreement; and if a province has not entered into an agreement with Citizenship and Immigration Canada in respect of learning institutions that host international students, then any of the following: a public post-secondary learning institution in Canada that is recognized … Read More