IRCC says Canada study permit conditions require permit holders to remain enrolled at a designated learning institution, actively pursue their studies and comply with any conditions printed on their permit. Failing to meet these requirements may lead to the loss of student status and a request to leave Canada.
Core conditions for study permit holders
IRCC states that study permit holders must be enrolled at a designated learning institution (DLI), unless they are exempt. They must be enrolled full-time or part-time during each academic semester, apart from regularly scheduled breaks, and make progress towards completing their program’s courses.
Permit holders must not take an authorized leave of more than 150 days. They must also apply to extend their study permit if changing post-secondary schools, end their studies if they no longer meet the requirements of being a student, and leave Canada when their permit expires.
Study permits can include additional individual conditions, such as the level of studies, authorization to work on or off campus, medical procedures, travel within Canada and the date a person must stop studying.
Rules for authorized leaves and school changes
A leave can be considered authorized when it is approved by the school and lasts no longer than 150 days. Examples listed by IRCC include leave for medical reasons or pregnancy, the death or serious illness of a family member, and another type of leave authorized by the school.
IRCC also lists a permanent school closure, a school strike, changing schools, and a deferred program start date as situations that can count as an authorized leave. In a deferral case, the student must begin studies in the next semester, even if it begins sooner than 150 days, and obtain an updated letter of acceptance.
Students generally cannot work on or off campus during an authorized leave, even if their study permit otherwise allows work. However, students whose school is temporarily closed because of a strike may remain authorized to work for up to 150 days if they are authorized to work on or off campus.
Proof of compliance and consequences
IRCC may request evidence that a student is meeting their conditions through a random check or where it has reason to believe the conditions are not being met. Requested documents may include enrolment information, official transcripts, details of leaves, references, medical proof for a medical leave, or documentation that a school closed.
If IRCC finds that a permit holder has not met their study permit conditions, it may ask them to leave Canada. The person might also have to wait six months before applying for a new study permit, or for a visitor visa or work permit in Canada.
IRCC says future applications may be affected where a person does not follow study permit conditions or works or studies in a way that was not authorized.
What does actively pursuing studies mean?
Holding a valid study permit is not enough on its own to meet Canada’s study permit conditions. In most cases, international students must remain enrolled and actively pursue their program while their permit is valid.
IRCC may look at whether a student is enrolled during academic semesters, whether they are progressing toward completing their program and whether any periods away from studies were authorized. Documents such as transcripts, enrolment records and information provided by the designated learning institution may be relevant when assessing compliance.
Students should therefore keep records relating to their enrolment, academic progress and any authorized leave. A valid study permit does not, by itself, protect a student from the consequences of failing to comply with the conditions attached to their status.
Limited exemptions from enrolment requirements
Some study permit holders do not need to prove they are enrolled at a DLI or actively pursuing their studies. IRCC lists, among others, people with pending refugee claims, people with refugee status, certain Convention refugees and protected persons, and certain representatives, foreign armed forces members and their eligible family members.
IRCC also lists people who have suddenly become impoverished for reasons beyond their control and temporarily cannot continue studying, as well as people studying under a student exchange agreement between Canada and another country.
An exemption from proving enrolment or active pursuit of studies does not remove other conditions shown on the study permit.
What international students should keep in mind
International students should not assume that having a valid study permit automatically means they are complying with all requirements of their temporary resident status. Changes such as taking a leave from studies, deferring a program, changing schools or stopping studies can affect a student’s immigration situation and, in some cases, their authorization to work in Canada.
Students should keep records of their enrolment, academic progress and any authorized leave, and should review the immigration implications before making significant changes to their studies.
Study permit compliance should also be considered separately from eligibility for a post-graduation work permit (PGWP). A decision that is permitted under study permit rules may still have separate consequences for future PGWP eligibility, depending on the circumstances and the applicable requirements.
Source: IRCC