Canadian Immigration: Student Visas (Study Permits)

ELIGIBILITY

Canadian immigration law requires that a foreign national who wishes to undertake a program of study lasting six months or more at a Canadian university, college or secondary school, or who wishes to enroll in an academic, professional or vocational training course or program must obtain a Canadian student visa, known as a Study Permit, in order to enter and remain in Canada as a foreign student.

EXEMPTIONS

A Study Permit is not required for programs which are:

• less than six months duration
• pre-school or kindergarten programs
• courses of general interest or improvement

Foreign nationals who are in Canada on Work Permits or Study Permits are not required to obtain Study Permits for their minor children who are attending primary or secondary school in Canada.

VISA REQUIREMENTS

Canadian immigration law requires that applications for Study Permits must normally be made prior to entering Canada at the Canadian embassy or consulate outside of Canada which serves the applicant's country of habitual residence or citizenship.

In the case of US citizens or permanent residents, the application may be made at the port of entry.

Applicants who intend to study in the Province of Quebec must also apply for and obtain a Quebec Certificate of Acceptance (CAQ) from the Quebec ministère des Relations avec les citoyens et de l’Immigration (MRCI).

All applicants must meet the visa, general admissibility, and medical examination requirements which apply to Temporary Residents. Applicants for Study Permits must also submit the required application forms, application fees and supporting documentation. At a minimum, this will normally include the following:

• Form IMM 1294 Application for a Study Permit.
• Application fee.
• Passport photographs.
• A valid passport or other acceptable travel or identity document.
• A letter of acceptance from the educational institution in Canada that the applicant will be attending.
• Evidence of financial means sufficient to pay for the applicant's tuition fees, living expenses and return transportation.
• Evidence of the applicant's intention to return to his/her home country after the course of study in Canada is completed.
• In the case of applicants intending to study in the province of Quebec, an approved Quebec Certificate of Acceptance (CAQ).

DURATION OF VISA

Study Permits for post-secondary study, will normally be valid for the duration of the program. Study Permits issued to primary and secondary school students will normally be issued only for one year at a time.

VISA RENEWALS

Foreign students who are lawfully in Canada may apply to have their Study Permits renewed from within Canada.

EMPLOYMENT OF FOREIGN STUDENTS

Generally, foreign students are not allowed to work while studying in Canada. However, under Canadian immigration law, there are a number of important exceptions to this rule where foreign students who hold a Student Permit may work. Depending on the circumstances, a Work Permit may or may not be required.

• Full-time students at degree granting post-secondary institutions may work in on campus jobs at the institution where they are enrolled. A Work Permit is not required.
• Students (other than medical interns, medical residents and resident physicians) whose intended employment forms an integral part of their course of study, for example, a university co-op work program, may work but must obtain a Work Permit to do so.
• Students may work for up to one year following successful completion of a full-time program at a post-secondary institution where the job is related to the student’s course of study and is for a period of not more than one year. A Work Permit is required.
• Spouses or common law partners of full-time students enrolled at degree granting post-secondary institutions may work but must obtain a Work Permit.

Students or their spouses or common law partners who require a Work permit for any of the above-noted situations may apply for one from within Canada without having to leave the country.

READ MORE . . . about Temporary Resident Visas about Work Permit Exempt Activities about Work Permits about Confirmation Exempt Work Permits about Penalties for Failing to Obtain a Work Permit about Student Visas about Canadian Immigration Medical Examinations

Disclaimer: The information contained on this site is intended to educate members of the public generally and is not intended to provide legal or professional advice or solutions to individual problems. If you require legal advice or assistance, you should consult a Gaertner Tobin LLP lawyer at info@GTLLP.com.