Canada Tightens Study Permit Rules to Safeguard International Students

The Canadian federal government intends to halt the issuing of study permits for postsecondary students if schools fail to adequately manage international student enrollment. Under the proposed regulations, colleges and universities would be forced to notify the federal Immigration Department of students’ attendance and adherence to study permit conditions.

The goal of this program is to shield foreign students from fraud and stop study permits from being used improperly as a means of obtaining employment in Canada.

Under the proposed regulations, educational institutions would have to notify the federal Immigration Department of each student’s enrollment status and compliance with all study permit requirements.

In accordance with the plan that was published in the Canada Gazette, students who wish to change schools must also apply for a new study permit before the new program’s start date.

One major modification would require students who intend to transfer institutions and get an acceptance letter for a different DLI (Designated learning institution) than the one shown on their study permit to apply for a new study permit prior to enrolling in the new program. Students may enroll in the new school as long as they stay in Canada and adhere to all other study permit requirements until this application is decided.

The current rules governing the issue of a study permit would also be changed by the new regulations, requiring DLIs to verify the applicant’s letter of acceptance (LOA).

The current provision for accompanying family members would also be modified by the proposed regulations, exempting them from the LOA verification process as long as their study or work visa is authorized prior to their presence into Canada.

Nevertheless, the proposed laws would require the accompanying family member to have a verified letter of authorization (LOA) if they shift to a post-secondary DLI after arriving in Canada.

The proposed regulations would also include a new clause that would state that if a DLI fails to provide confirmation of a student’s acceptance to a post-secondary institution as required by the conditions on DLIs, then the study permit application should not be processed and should be returned to the student along with any supporting documentation and processing fees.

Only post-secondary DLIs and international students attending post-secondary institutions are covered by the proposed regulatory changes.

The present requirements for study permits require their holders to enroll at the designated learning institution (DLI) listed on the permit and to be enrolled continuously until the completion of their studies, as per the proposed regulations. Changes to the laws pertaining to the invalidity of study permits would further stipulate that the permit may be deemed illegal on the day the permit holder no longer enrolls at the designated DLI.

Additionally, during ordinary academic sessions, the 20-hour weekly limit on off-campus work would be raised to 24 hours per week.

“Immigration, Refugees and Citizenship Canada (IRCC) and the provinces and territories of Canada share management of the International Student Program. One of the main components of the proposal is the regular compliance reporting by designated learning institutions (DLIs) to the IRCC. As required by the new regulations, institutions must also respond to requests and queries promptly,” the plan stated.

Indian students in Canada

Hundreds of students, mostly from Punjab, were impacted by Brijesh Mishra, a fraudulent intermediary, last year. After arriving in Canada between 2017 and 2019, these students found out their letters of offer of admission, which were required to obtain a study permit, were fraudulent. When they tried to petition for permanent residency, they frequently discovered that the college specified in their study visa was a lie, and upon arrival, they were required to transfer to a different one.

Over 10 lakh overseas students were enrolled in Canadian universities as of December 2023. China sent about 52,000 students to Canada in 2022, while India sent 2.2 lakh, making up the greatest share of the 5.5 lakh new students admitted from 184 countries.

Nonetheless, in 2023 there were notably fewer Indian students. In 2022, the Canadian government received and processed 1.46 lakh new applications for study permits from Indian nationals; however, in 2023, that number dropped by 40%.

The federal government of Canada announced a two-year cap on international student intake in January due to the country’s housing issue, growing number of international students, and strain on the country’s healthcare infrastructure. By 2024, this strategy will cap the number of authorized study licenses at 3.60 lakh.