Study permits: Assessing study permit conditions
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
This PDI provides processing instructions for assessing study permit conditions. This includes, but is not limited to: study permit extensions, re-entry of study permit holders to Canada and investigations into study permit compliance.
Per subsection 220.1(1) of the Immigration and Refugee Protection Regulations (IRPR), study permit holders in Canada are subject to both of the following conditions:
- They shall enroll at a designated learning institution (DLI) that is named in their permit and remain enrolled at a DLI until they complete their studies.
- They shall actively pursue their course or program of study.
On this page
- Assessment of study permit conditions
- Enrolment at a DLI
- Actively pursuing studies
- Full-time and part-time studies
- Progress toward completion of courses
- Changing DLIs or programs of study
- Leave from studies
- Deferred enrolment
- DLI closures
- Change of status
- Spouses or common-law partners of full-time students (C42)
- Children of a full-time student
- Working on or off campus not authorized during any leave from studies
- Co-op and internship placements not authorized during any leave from studies
- Evidence of compliance
- Non-compliance
- Exemptions to conditions
Assessment of study permit conditions
Officers should exercise their best judgment and take into account all relevant factors when assessing a student’s compliance with their study permit conditions.
Enrolment at a DLI
As of November 8, 2024, a foreign national who applied for a study permit destined to a post-secondary institution must be enrolled at the DLI that is named in their permit and remain enrolled there until they complete their studies.
Note: Post-secondary study permit holders whose permits do not name the DLI are still required to remain enrolled at a DLI until they complete their studies.
For more information on changing DLIs, enrolment at DLIs that have either lost their designation status or have been placed on the suspension list, see Study Permits: Designated Learning Institutions.
Study permit invalidity
As per R222(1), a study permit will become invalid upon the first of the following days:
- 90 days after the day the study permit holder completed their studies;
- The day on which the permit holder is no longer enrolled at the DLI named in their permit, other than as a result of completing their studies;
- The day on which the permit is cancelled under R243.2; or
- The day on which the permit expires
As such, study permit holders must ensure that they apply for a new study permit in advance of their current study permit’s expiration, according to the invalidity provisions. If a study permit holder continues to study, despite the previous permit’s invalidity, they are considered to be studying without authorization.
Actively pursuing studies
All study permit holders must actively pursue their course or program of study, while they are in Canada, unless they are exempt from the requirement under subsection R220.1(3) (see “Exemptions to conditions” below).
When assessing a study permit holder’s compliance with the condition to “actively pursue their studies,” officers should follow these guidelines.
Full-time and part-time studies
The definition of full-time or part-time varies depending on the educational institution. Students must have at least part-time status with their institution to be considered to be actively pursuing their studies.
The province of Quebec requires students to maintain full-time status with their institution to be considered to be actively pursuing their studies. See more details on requirements for students in Quebec.
Progress toward completion of courses
Students should be able to demonstrate that they are making reasonable progress toward the completion of their courses in the time allotted by the program.
Changing DLIs or programs of study
Note: effective November 8, 2024, section 217.1 of the Immigration and Refugee Protection Regulations stipulates that study permit holders in Canada, whose permit names a DLI, must apply for a new study permit if they wish to change designated learning institutions (DLIs).
For more information on changing DLIs see the above sections regarding Enrolment at a DLI and Study permits: Designated learning institutions.
To assess if a student who has changed institutions or programs of study a number of times should be considered to be actively pursuing their studies, the officer should consider the student’s reasons for the changes.
In cases where multiple program or institutional changes do not appear to support the expectation that the student is making reasonable progress toward the completion of a Canadian credential, the officer may determine that the study permit holder has not fulfilled their study permit condition to actively pursue their course or program of study.
Students engaging in post-secondary studies in Canada are authorized to change programs of study within the same DLI, provided they are not limited from doing so by conditions imposed on their study permit.
Leave from studies
Students may be required or may wish to take leave from their studies while in Canada. For the purpose of assessing if a student is actively pursuing their studies, any leave taken from a program of studies in Canada should not exceed 150 days from the date the leave commenced and must be authorized by their DLI.
A student on leave who begins or resumes their studies within 150 days from the date the leave commenced (that is, the date the leave was granted by the institution) is considered to be actively pursuing studies during their leave. If a student does not resume their studies within 150 days, they should do either of the following:
- change their status (that is, change to visitor statusor worker status)
- leave Canada
If they do not change their status or leave Canada, they are considered non-compliant with their study permit conditions.
In cases where a student has taken multiple periods of leave in Canada during their program of study, the officer should consider the student’s reasons for the various periods of leave. If the multiple periods of leave do not appear to support the expectation that the student is making reasonable progress toward the completion of their course or program of study in the time allotted by the course or program of study, the officer may determine that the study permit holder has not fulfilled the condition to actively pursue their course or program of study.
Examples of reasons for leave include but are not limited to the following:
- medical illness or injury
- pregnancy
- family emergency
- death or serious illness of a family member
- change in program of study within the same institution, outside a regularly scheduled break
- dismissals or suspensions (dependent on degree of severity)
- postponed program start date (see Deferred enrolmentfor more information)
Deferred enrolment
In exceptional circumstances, a student may be required to defer their program’s start date to the next semester. If the student defers their program start date, it should be formally approved by the DLI. In some cases, the deferral is imposed by the DLI.
If the study permit holder is in Canada at the time of deferral, and they wish to remain in Canada, they must begin their studies the following semester or within 150 days from the date the deferred enrolment is confirmed, whichever comes first. Otherwise, they should do either of the following:
- change their status (that is, change to visitor statusor worker status)
- leave Canada
Note: In all deferral cases, students should obtain an updated letter of acceptance from the DLI.
DLI closures
Students may be required to abandon or put their studies on hold, as a result of strikes or permanent closures (for example, if an institution files for bankruptcy and is no longer in operation). For the purpose of assessing whether a student is enrolled and actively pursuing their studies, any time taken to transition to a new program, change status or leave Canada should not exceed 150 days from the date the institution closed.
Change of status
After changing their status to visitor or worker, students may resume their studies, using their previous study permit, as long as the study permit is valid.
If the study permit is about to expire when the student resumes their studies, the student must apply to extend their study permit in Canada, using the application to change conditions, extend your stay or remain in Canada as a student, before the expiry date.
Students who submit the “Application to Change Conditions, Extend My Stay or Remain in Canada As a Student” form [IMM 5709] before the expiry date of the previous study permit will maintain their status as a temporary resident as per subsection R183(5).
Under section R189, study permit holders may continue their studies under the same conditions as their previous study permit if they applied to extend their stay in Canada as a student. However, if they applied to extend their stay as a visitor or worker, they may not pursue their studies when their current permit expires.
Reminder: Students intending to transfer from one post-secondary DLI to another need to apply for a new study permit. In prescribed circumstances [R189.1] they can commence studies at the new DLI while they wait for a final decision on their application. For more information see Study permits: Designated learning institutions.
Spouses or common-law partners of full-time students (C42)
Full-time students who take a leave from studies that is longer than 150 days are required to do either of the following:
- change their status (that is, change to visitor statusor worker status)
- leave Canada
If the spouse or common-law partner of a full-time student is issued a work permit under C42 (Spouses or common-law partners of full-time students [C42]) before the change of status (either visitor or worker) of the student, the work permit (C42) of the spouse or common-law partner remains valid until it expires or becomes invalid.
Children of a full-time student
Full-time students who take a leave from studies that is longer than 150 days are required to do either of the following:
- change their status (that is, change to visitor statusor worker status)
- leave Canada
Even if the full-time student (parent) changes their status to visitor, their children may continue to study without a study permit, as long as the parent’s previous study permit is still valid.
In the case of a parent who holds a valid visitor record, due to taking a leave from their studies that was longer than 150 days, and whose study permit has expired, their children need to apply for their own study permit from inside Canada, as their parent is no longer authorized to work or study in Canada, per subsection 30(2) of the Immigration and Refugee Protection Act (IRPA).
However, if the spouse of a full-time student who changed their status to visitor still holds a valid work permit, issued under labour market impact assessment (LMIA) exemption code C42, or an open study permit, the children continue to be authorized to study at the preschool, primary or secondary level without a study permit. Minors studying in Canada at the preschool, primary or secondary level without a study permit, pursuant to subsection A30(2), can apply for a study permit from within Canada, pursuant to subparagraph R215(1)(f)(i).
Working on or off campus not authorized during any leave from studies
During any leave from studies, including DLI closures, study permit holders cannot work on campus or off campus, as they are not considered to be full-time students, are not on a regularly scheduled break and, therefore, do not meet the requirements of paragraphs R186(f) or (v).
Learn more:
Co-op and internship placements not authorized during any leave from studies
Students who hold a valid co-op or internship work permit may not undertake a co-op or internship placement during leave or school closure and may not use their co-op or internship work permit to work on or off campus.
Evidence of compliance
In accordance with subsection R220.1(4), study permit holders must provide evidence of their compliance with their study permit conditions, under subsection R220.1(1), if an officer requests such evidence for either of the following reasons:
- The officer has reason to believe the permit holder is not complying or has not complied with one or more of the conditions of their study permit.
- The officer wishes to review the evidence as part of a random assessment of the overall level of compliance with the conditions.
Note for Canada Border Services Agency (CBSA) officers: The authority under subsection R220.1(4) is designated to border services officers, inland enforcement officers and regional program officers.
Examples of evidence that officers may request include but are not limited to the following:
- official document from the institution confirming enrolment status
- official document from the institution confirming the reason for leave and the date of approval
- official document from the institution confirming the date the student formally withdrew from an institution or program of study
- official document from the institution confirming the date the student was suspended or dismissed
- official document from the institution confirming the date the student ceased studying
- current and previous transcripts
- character references (such as a note from a professor)
- note from a medical practitioner certifying the medical need and length of leave required
- documentation or letter attesting that the school has ceased operations and is no longer offering courses or programs of study
- any additional and relevant documents, at the discretion of the officer
Non-compliance
Officers are required to follow the rules of procedural fairness before making a determination of non-compliance with study permit conditions.
Before making a final decision on an application regarding non-compliance with study permit conditions, and after considering the elements covered in the above sections of this PDI, officers should send a Procedural Fairness Letter (PFL) in order to offer the applicant the opportunity to respond to the officer’s concerns.
Officers should be mindful that their decisions are subject to the possibility of judicial review. In the event a refused applicant submits a leave to appeal to the Federal Court, the Court will examine, amongst other factors, whether or not the decision maker failed to comply with the principles of natural justice or procedural fairness when the decision was made.
Important: A determination of non-compliance with study permit conditions, may result in serious consequences for the applicant, such as:
- enforcement action; that is, an exclusion order can be issued for non-compliance, per subparagraph R228(1)(c)(v).
- a negative affect on future applications that are made under the IRPA and IRPR.
- For example, a subsequent study permit or work permit may not be issued until a period of 6 months has passed, since the cessation of the unauthorized work or study or failure to comply with a condition, per paragraph 221(a) and subparagraph R200(3)(e)(i).
Exemptions to conditions
In accordance with subsection R220.1(3), the following people are exempt from the study permit conditions under subsection R220.1(1):
- a person in Canada who has made a refugee claim that has not yet been determined by the Refugee Protection Division as well as that person’s family members
- a person in Canada on whom refugee protection has been conferred and their family members
- a person who is a member of the Convention refugees abroad class or a humanitarian protected persons abroad class and their family members
- a properly accredited diplomat; consular officer; representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member; the members of the suite of such a person; and the family members of such a person
- a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of that visiting force under paragraph 4(c) of that Act, and their family members
- a person who holds a study permit and has become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for the financial support to complete their term of study
- a person whose study in Canada is under an agreement or arrangement between Canada and another country that provides for reciprocity of student exchange programs
- a person who works in Canada as an officer of the United States Immigration and Naturalization Service or of United States Customs carrying out pre-inspection duties, as an American member of the International Joint Commission or as a United States grain inspector, and their family members
- a United States Government official in possession of an official United States passport who is assigned to a temporary posting in Canada and their family members
- a family member of a foreign national who resides in Canada and is described as any of the following
- a person who holds a study permit
- a person who holds a work permit
- a person who holds a temporary resident permit issued under subsection A24(1) that is valid for at least 6 months
- a person who is subject to an unenforceable removal order
- a person who is a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of those armed forces
- a person who is an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency
- a participant in sports activities or events in Canada either as an individual participant or as a member of a foreign-based team or Canadian amateur team
- an employee of a foreign news company for the purpose of reporting on events in Canada
- a person who is responsible for assisting a congregation or group in the achievement of its spiritual goals and whose main duties are to preach doctrine, perform functions related to gatherings of the congregation or group, or provide spiritual counselling
- A study permit holder under the Temporary public policy to exempt certain Indigenous persons and their family members from temporary residence requirements
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