This post outlines the responsibilities of international students in Canada, focusing mainly on IRPR 220.1(1). I will try to make the language as easy to understand as possible.
Following immigration rules in Canada is crucial for anyone with temporary status, as it can affect your future opportunities in the country. Below is one rule that, based on my experience, most international students either overlook or do not realize its importance.
R220.1 (1) The holder of a study permit in Canada is subject to the following conditions:
(a) they shall enroll at a designated learning institution and remain enrolled at a designated learning institution until they complete their studies; and
(b) they shall actively pursue their course or program of study.
R220.1 stipulates that a study permit holder must always remain enrolled in a DLI and actively pursue their studies.
Designated Learning Institutions (DLIs): You can find the list of DLIs here.
Q: What if my school loses its DLI status during the time I am studying there?
A: You can continue studying there until your study permit expires. But when you extend your study permit, you must enroll in a DLI.
Tip: When choosing schools in Canada, do your own research. Check community review, connect with alumni, and even look at Google Map can help you to see if the school is just a small operation in a commercial building. A small or lesser-known school does not mean it is not legit, but it may carry a higher risk of having the DLI status removed.
If you wish to obtain a post-graduate work permit (PGWP) after your studies, make sure to check the list above. Not all DLIs are eligible for PGWP, and even some DLIs are eligible, not all the programs they offer are eligible.
R220.1(1)(b), actively pursuing the course/program of study
I have seen study permit extension being refused because the student forgot to change their status during the time being suspended by the school. I have seen a PGWP being refused because a student failed to explain why they were part-time for one semester. I also have seen PGWP being refused because a student having mulpitl suspensions because of consistent poor grades.
Q: Is part-time study allowed?
A: Under the context of Canadian immigrations, part-time study is only allowed in the last semester of the study. To better explain this, here is a brief overview of Canada’s post-secondary system.
In general, a degree/diploma/certificate is earned by accumulating credits. Some programs have set courses each semester. Under this scenario, unless the program is specified as part-time study, it usually allows you to maintain full-time status throughout. This is common in masters’ programs (course-based), trades programs and some bachelor’s programs.
In the majority of the programs, the students choose the mandatory and elective courses to accumulate credits. Usually, students enroll into the courses with the help of school advisors based on their progress and course availability. Even the school policy allows students to be part-time, an international student is required to maintain a full-time enrolment. In the last semester, you may not need as many credits to be full-time to graduate. That is the reason why the immigration rules allow the last semester to be the only one the student does not need to be full-time.
Q: What if I am late to register and cannot get enough courses to befull-time?
A: Please always keep an eye on your school calendar and know when the registration opens. If you miss the chance to enroll in enough courses, contact your school advisor immediately—they are there to help.
Q: What should I do if I am suspended by the school?
A: If you stay in Canada during the suspension, apply for a visitor record (financial resources required). Stop studying and working immediately, as your work permission is tied to your study permit.
If you go home, notify IRCC. To resume study after suspension, most of the institutions require a new LOA (letter of acceptance). You should apply for a new study permit with the updated LOA and provincial attestation letter (after January 22, 2024).
Q: I have personal reasons that I have to take a leave from study. What should I do?
A: First, apply for leave of absence from your institution. Reason could include mental health, family emergency, financial issues, etc. Most institutions have policies and procedures in place. The IRCC operational manual considers this period to be a maximum of 150 days. You do not need to inform IRCC when you take the leave, but you should always have proof from the school when IRCC asks for it in future appliations (e.g. study permit or extension, PGWP and etc).
Q: Can I work during a leave of absence?
A: No. You can only work when you are a full-time student, except in the last semester when you are allowed to be part-time.
Consequences of breaching R220.1(1)
- If you are applying for a study permit (or extension), you may be refused and cannot reapply after 6 months since the date you stop violating the conditions.
- If you are applying for a PGWP or any other work permit after, or permanent residence, your application may be refused.
- If you are trying to restore your lost status, your application may be refused. A temporary resident permit (TRP) would help you to overcome this but it is highly discretional by the officers.
- If you are crossing the border after, you may be refused entry to Canada and found inadmissible.
A certain group of people are exempt from study permit conditions (R300(2)(a) to (i), R215(2)(a) to (i)), but most international students are not in this category.
There are other conditions imposed on international students, which I will cover in the next post. It is essential for international students to be aware and follow the rules.
Studying alone in a foreign country can be challenging. If you are unsure of your options or next steps, reach out to MacLanders Immigration Consulting for guidance and a personal assessment.
Cases to refer for colleagues:
Kaur v Canada (Public Safety and Emergency Preparedness), 2019 FC 1581
Drakes v Canada (Citizenship and Immigration), 2021 FC 1083
Gulati v Canada (Citizenship and Immigration), 2021 FC 1358
El Kamel v Canada (Public Safety and Emergency Preparedness), 2018 FC 730
Discaimer:
The information provided and writer's own opinions on this blog do not, and are not intended to, constitute legal advice. You should not rely on any of the information contained here when determining whether and how to apply to a given program.
Canadian immigration law is constantly changing, and the information here may be dated. Please contact the author if you have any questions.
免责声明：
本博客提供的信息和作者本人观点不构成法律意见。在您决定是否及如何申请某个加拿大移民法规相关项目时，您不应该单纯依赖此博客包含的任何信息。
加拿大移民政策常变。作者尽力保持博客内容更新，但不保证此处的信息在您看到此博客条目时是否过时。如果您有任何问题建议，请联系作者。
