Student - Immigration Legal Services & Information

Study Permit Applications

Study Permits are required for persons seeking to enter Canada who are not Canadian Permanent Residents or Citizens and who seek to study in Canada. However, there are some exceptions where a Study Permit Application is not required, such as where the course of study is less than 6 months and non-academic (such as hobby and or special interest programs).

Study Permit Applicants must prove that they intend to return to the home country upon completion of their studies. This is shown through provision of proof of sufficient funds/assets in and ties to the home country, as well as sufficient funds to afford a stay in Canada and the cost of study in Canada. Payment of tuition to a credible educational institution prior submission of a Study Permit Application is an important factor in determination of the Applicant's seriousness to study in Canada. It should be noted that there are numerous educational institutions which would state to the Applicant to not worry because if they pay the tuition they will receive a Study Permit, but upon rejection these same institutions will not refund the fees or only refund part of the fees. There have been cases where the Applicant is told that there is no need for a Study Permit, and only later the Applicant discovers that they are breaking immigration law by not possessing a valid Study Permit.

Dependents of the Study Permit holder accompanying the Study Permit holder to Canada, will not be permitted to work or study in Canada, without the proper Study or Work Permit. However, they are eligible to apply and obtain a Study Permit or Work Permit during the period the main Study Permit holder is studying in Canada on a valid Study Permit.

As noted above in the Work Permit section, changes announced in April 2008 by the Canadian government seek to make the system more attractive for foreign students by providing an open post-graduate Work Permit to student graduates who meet certain conditions.

Final Note:

In many cases, persons seeking entry to Canada for a temporary purpose, apply by themselves without legal assistance, especially for a visitor visa. However for cases, where Canadian immigration rejects the applicant, the second attempt is much more difficult, especially for Study Permits or Work Permits. If the applicant seeks the most safe and risk free approach for applying for a Study Permit or Work Permit, professional assistance should be sought from the start, before there is a rejection by immigration or problems arise. Obtaining legal advice as to how to better lay the foundation for a successful temporary visa (Visitor, Study and/or Work Permit) application is very important, especially in the current environment where Immigration authorities have become stricter in applying the temporary visa application rules and regulations. Further, given the current trend toward refusing more and more temporary authorizations, there is a greater need to speak to a qualified immigration lawyer about the risks and pitfalls. As always, the prospective temporary visa applicant, especially for Study and Work Permit applications, should seek proper and honest legal advice in order that the prospective visa applicant does not lose the right to obtain and/or maintain student and/or work status in Canada.

For further information please contact Marvin Moses Law Office.

(Since the issues and matters in reality are quite complex, it is recommended that legal or other appropriate professional advice should be sought before acting upon any of the information contained therein. Although every reasonable effort has been made to ensure the accuracy of the information contained in this article, no individual or organization involved in either the preparation or distribution of this article accepts any contractual, tortuous, or any other form of liability for its contents or for any consequences arising from its use.)