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| Study Permit |
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Prepared By Rishma N. Shariff
The content of this article is intended to be informational only. We
caution you against using or relying upon any information contained
in this article without first seeking legal advice regarding your
particular matter. All matters arising from the use of our website,
including this article, shall be governed by Alberta law and shall
be within the exclusive jurisdiction of the courts of Alberta
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| (Updated as of January
2005) |
Overview
A student is considered to be a temporary resident in accordance
with the Immigration and Refugee Protection Act (“IRPA). More than
130,000 students come to Canada to study each year. Anyone wishing
to study in Canada must be accepted for study at a recognized
educational institution. In addition, a foreign student comply with
any conditions imposed under the regulations and with any
requirements under the IRPA and must leave Canada by the end of the
period authorized for their stay.
Eligibility to receive a Study Permit
A foreign student wishing to study in Canada usually requires
authorization, in the form of a study permit, in order to study in
Canada. Generally, this permit must be applied for prior to coming
to Canada.
When submitting an application for a Study Permit, the applicant
must:
a. Present an acceptance letter from the educational institution
they wish to attend;
b. Provide evidence of enough funds to pay for tuition and living
costs;
c. Pass a medical examination if required;
d. Satisfy a visa officer that they will return home at the end of
their studies.
In the case of a minor child being sent to study in Canada, proof
that a guardian living in Canada has been appointed is also
required.
In some cases a Study Permit is not required. These cases include:
1. If you wish to study in a short-term course or program.
A Study Permit is not required if the course or program you wish to
study in Canada is of a duration of six months or less. The course
or program must be completed within the period authorized for your
stay in Canada. For instance, if you are a visitor to Canada,
authorized to stay in Canada for a period of six months, you may
take a short-term course during your visit to Canada provided that
the course is completed while you are permitted to stay in Canada.
b. If you are a minor child already in Canada
Under the IRPA, children already in Canada who have parents in
Canada that have status as something other than “visitors” may study
in Canada.
c. Foreign representatives to Canada:
If you are a family or staff member of a foreign representative to
Canada accredited by the Department of Foreign Affairs and
International Trade, you do not need a Study Permit to study.
Benefits of Having a Study Permit
You should apply for a Study Permit before you come to Canada if you
think you may wish to continue your studies in another program after
you complete the short-term course or program.
If you do not have a valid Study Permit and wish to continue your
studies, you will have to leave Canada in order to apply for one.
Working while studying
Generally, you cannot work in Canada while you are under a Study
Permit. There are, however, some exceptions to this rule. They are:
a. You may work on campus at the institution where you study without
a Work Permit if:
- You are engaged in full-time studies at a university, community
college, CEGEP, publicly funded trade/technical school or at a
private institution authorized by provincial statute to confer
degrees; and
- You have a valid Study Permit
b. In some provinces, such as Manitoba, New Brunswick and some
regions of Quebec you may work off-campus if you are attending
certain public post-secondary institutions. In addition, you must
meet the conditions imposed by the province in which you are
studying.
c. Co-op and Internship Programs:
For some academic programs, work experience is part of the
curriculum. In order to participate in a co-op or internship
program, a foreign student must apply for a work permit. To be
eligible for a work permit, the student must show:
1. a valid Study Permit (unless you are a minor high-school student
who does not require a Study Permit);
2. the intended employment is an essential part of the course of
study in Canada;
3. the employment is certified as part of the academic program by
the relevant educational institution; and
4. the co-op or internship employment is no more than 50% of the
total program of study
d. You may apply for a work permit if you hold a valid study permit
and have become temporarily destitute through circumstances beyond
your control.
Post-Graduate Work
Some graduating students may apply to work in Canada for up to a
year after graduation. The following conditions apply:
a. You must be engaged in full-time studies at a university,
community college, CEGEP, publicly funded trade/technical school or
at a private institution authorized by provincial statute to confer
degrees;
b. You must have a job offer from an employer for a job that is
related to your studies (however, the job offer does NOT require
HRDC confirmation);
c. You must apply for a Work Permit within 90 days of graduation
from your college or university;
d. You must have a valid Study Permit when you apply for the Work
Permit.
In some provinces, a post-graduation work permit can be extended for
a second year.
If you would like assistance with making an application for a study
permit, please feel free to contact us by email at:
immlaw@caronpartners.com |
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