Student Visa to Canada

Student means a person who is authorized by a study permit to engage in studies in Canada and who is studying or intends to study in Canada.
Studies means studies undertaken at a university or college, or any course of academic, professional or vocational training.
Study permit means a written authorization to engage in studies in Canada issued by an officer to a foreign national

Immigration act provides that one of the objective is to facilitate the entry of visitors, students and temporary workers for purposes such as trade, commerce, tourism, International understanding and cultural, educational and scientific activities.

• To protect the health and safety of Canadians and to maintain the security of Canadian society;
• To promote international justice and security by fostering respect for human rights and by denying access to Canadian territory to persons who are criminals or security risks.

The act provides that A foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

Application

Subject to few exceptions, in order to study in Canada, a foreign national shall apply for a study permit before entering Canada.

Application on entry
A foreign national may apply for a study permit when entering Canada if they are

• A national or a permanent resident of the United States;
• A person who has been lawfully admitted to the United States for permanent residence;
• A resident of Greenland;
• A resident of St. Pierre and Miquelon; or
• A foreign national who applied for a study permit before entering Canada, if the application was approved in writing but the permit has not been issued.

Application after entry
A foreign national may apply for a study permit after entering Canada if they

• Hold a study permit;
• Apply within the period beginning 90 days before the expiry of their authorization to engage in studies in Canada and ending 90 days after that expiry;
• Hold a work permit;
• Are subject to an unenforceable removal order;
• Hold a temporary resident permit that is valid for at least six months;
• Applied for a study permit before entering Canada and the application was approved in writing but the permit has not been issued; or
• When a work permit has been issued to a foreign national in Canada who
  • is a member of live –in caregiver
  • is a member of the spouse or common law partner in Canada class.
  • is a protected person
  • has applied to become a permanent resident and the minister has granted them
  • is a family member of a person described ain any of above.

Family members
A family member of a foreign national may apply for a study permit after entering Canada if the foreign national resides in Canada and the foreign national

• holds a study permit;
• holds a work permit;
• holds a temporary resident permit that is valid for at least six months;
• is subject to an unenforceable removal order;
• is a member of the armed forces of a country that is a designated state
• is an officer of a foreign government described in paragraph 186(e);
• is a participant in sports activities or events
• is an employee of a foreign news company engaged in reporting on the events in Canada.
• is 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.

Issuance of Study Permits

Subject to few exceptions, an officer shall issue a study permit to a foreign national if, following an examination, it is established that the foreign national

• applied for it in accordance with act;
• will leave Canada by the end of the period authorized for their stay
• meets the requirements of act/regulations
• meets the requirements of medical, if required)

Exception
Study permit shall also be issued if a person has no means of support or has claimed refugee status or is subject to an unenforceable removal orders or in case of protected person, if applied for permanent residency and the minister grants it.

Application for renewal
A foreign national may apply for the renewal of their study permit if

• the application is made before the expiry of their study permit;
• they have complied with all conditions imposed on their entry into Canada; and
• they are in good standing at the educational institution at which they have been studying.

Renewal
An officer shall renew the foreign national's study permit if, following an examination, it is established that the foreign national continues to meet the requirements.

Restrictions on Studying in Canada

Acceptance letter
Subject to few exceptions, a study permit shall not be issued to a foreign national unless they have written documentation from the educational institution at which they intend to study that states that they have been accepted to study there.

Exception
Acceptance letter is not required if,

• a family member of a foreign national whose application for a work permit or a study permit is approved in writing before the foreign national enters Canada; or
• a foreign national who is applying to renew their study permit and has received notification in writing from the college or university at which they have been studying of successful completion of the requirements for a degree or diploma. An officer who issues a study permit to a foreign national described in paragraph shall not authorize a period of study that exceeds 90 days following the date of the notification in writing.

Financial resources
An officer shall not issue a study permit to a foreign national, unless they have sufficient and available financial resources, without working in Canada, to

• pay the tuition fees for the course or program of studies that they intend to pursue;
• maintain them self and any family members who are accompanying them during their proposed period of study; and
• pay the costs of transporting themselves and the family members, if applicable

Failure to comply with conditions
A study permit shall not be issued to a foreign national who has engaged in unauthorized work or study in Canada or who has failed to comply with a condition of a permit unless

• a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition;
• the work or study was unauthorized by reason only that the foreign national did not comply with conditions of the authorized period of the stay, or due to any violation regarding the type of work, the employer, the location of work.
• the foreign national was subsequently issued a temporary resident permit

Validity and Expiry of Study Permits

A study permit becomes invalid when it expires or when a removal order made against the permit holder becomes enforceable.

CONDITIONS
An officer may impose, vary or cancel the following specific conditions on a temporary resident:

• the period authorized for their stay;
• the work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including
  • the type of work,
  • the employer,
  • the location of the work,
  • the times and periods of the work, and
  • in the case of a member of a crew, the period within which they must join the means of transportation;
• the studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including
  • the type of studies or course,
  • the educational institution,
  • the location of the studies, and
  • the times and periods of the studies;
• the area within which they are permitted to travel or are prohibited from travelling in Canada; and
• the times and places at which they must report for
  • medical examination, surveillance or treatment, or
  • the presentation of evidence of compliance with applicable conditions

RESTORATION
On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed, an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay and has not failed to comply with any other conditions imposed.

Study without a Permit
No permit required
A foreign national may study in Canada without a study permit

• 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;
• as 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; or
• if the duration of their course or program of studies is six months or less and will be completed within the period for their stay authorized upon entry into Canada. A foreign national may apply for a study permit before entering Canada for a course or program of studies of a duration of six months or less.

A study permit will NOT be issued for:

• Pre-school;
• Kindergarten;
• Courses of general interest or self-improvement
• Distance learning or
• Audited courses (typically by sitting in on an academic course, but without obtaining credit for it, or having the ability to obtain credit for it retroactively).

Post-Graduation Work Permit Program

The Post-Graduation Work Permit Program allows students who have graduated from a participating Canadian post-secondary institution to gain valuable Canadian work experience. A work permit under the Post-Graduation Work Permit Program cannot be valid for a longer period than the length of your studies. After the completion of graduation the open work permit will be issued to students.

STUDENTS AND WORK PERMITS

Full-time students can work without a work permit on the campus of the university or college at which they are a student. This authorization is for the period for which they hold a study permit at the institution and during which they are enrolled in full-time studies.
"On campus" is defined as employment facilities within the boundaries of the campus. The students are only allowed to work on the campus of the educational institution at which they are registered. If an institution has more than one campus, the student can work at different locations on those campuses provided they are within the same municipality

Eligibility for employment on campus
To be eligible for employment on campus, the student must:

• be in possession of a valid and subsisting study permit;
• be registered at the educational institution as a full-time student; and
• Work on campus at the institution where they are registered, whether for the institution itself or for a private business located on campus. In addition, students working as teaching assistants or research assistants will be considered to be within the scope of "on-campus" employment provided:
• the student has been recommended by officials of their department;
• the work to be performed is directed by a department head or a faculty member. and the work takes place in a research institute or program in an affiliated hospital or research centre.