Destitute students [R208(a) – H81] – Humanitarian reasons – International Mobility Program

These instructions apply to IRCC employees. Given that applicants cannot submit their applications at a port of entry, the instructions do not apply to border services officers.

The instructions on this page should be reviewed in conjunction with:

• Open work permit – General processing and issuance
• Conditions and validity period on work permits

Under paragraph 208(a) of the Immigration and Refugee Protection Regulations (IRPR), work permits may be issued to foreign nationals who cannot support themselves without working and who are study permit holders who have become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for financial support to complete their term of study.

On this page

• Eligibility
• Documentary evidence
• Application assessment
  • Evidence that the foreign national is unable to support themselves without working
  • Evidence of circumstances beyond the foreign national’s control and beyond the control of any person on whom that person is dependent for financial support to complete their term of study
• Final decision
  • Approval
    • GCMS coding
  • Refusal
• Family members

Eligibility

To be eligible under paragraph R208(a), administrative code H81, a foreign national must

• hold a valid study permit;
• be enrolled in a designated learning institution (DLI) and remain actively engaged in their studies as per section R220.1;
• be unable to support themselves without working; and
• have become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for financial support to complete their term of study.

Documentary evidence

With the application for a work permit, officers should be satisfied that they have the following documentary evidence to make an assessment:

• evidence that the foreign national holds a valid study permit;
• evidence that the foreign national is enrolled in a DLI and actively engaged in studies;
• evidence that the foreign national is unable to support themselves without working; and
• evidence that the foreign national has become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for financial support to complete their term of study.

Application assessment

Paragraph R208(a) applies to foreign students who, due to circumstances beyond their control, may find themselves unable to meet the costs of their studies in Canada, be it their day-to-day needs or their tuition.

While academic institutions do grant some leeway on obligations such as tuition and residence fees, working may be the only solution for students to subsist in these circumstances.

Paragraph R208(a) provides the opportunity for students to cover such difficult financial periods should on-campus employment under paragraph R186(f), off-campus employment under paragraph R186(v) or co-op employment, if eligible, prove to be insufficient.

It should be noted that, as per section R220, study permit holders are expected to have sufficient and available resources, without working in Canada, to pay their tuition and maintain themselves and any family members. Therefore, an open work permit should only be provided in exceptional circumstances.

When officers are reviewing the work permit application for destitute students, the following factors should be reviewed:

Evidence that the foreign national is unable to support themselves without working

The onus is on the foreign national to satisfy an officer that they are temporarily unable to support themselves without working beyond the employment allowed in section R186.

Officers may accept any evidence that satisfies them that the foreign national meets this requirement. Evidence to assess the inability of the foreign national to support themselves may be, but is not limited to, the following:

• a letter or cheque stub from the provincial or territorial social services department
• bank statements
• letters from assistance groups
• a review of the client’s immigration history and application forms, or other related documentation

Officers may consider that this particular eligibility criterion has been met if there is any likelihood that the foreign national might require public assistance.

Evidence of circumstances beyond the foreign national’s control and beyond the control of any person on whom that person is dependent for financial support to complete their term of study

In addition to providing evidence that they are temporarily destitute, the study permit holder must also provide evidence that the loss of financial support was beyond their control and the control of any person on whom that person is dependent for financial support to complete their term of study.

Foreign nationals who applied to study in Canada must have demonstrated and satisfied an officer that they had the financial resources, without working in Canada, to pay their tuition, maintain themselves and their family members in Canada, and pay the costs of transporting themselves and their family members to and from Canada.

The onus is on the foreign national to satisfy the officer that the loss of financial means was beyond their control and beyond the control of any person on whom that person is dependent for financial support. Each case should be considered on its own merit. Some cases may be self-evident, while others will require further explanation by the foreign national.

Final decision

Approval

The work permit will be issued under the authority of paragraph R208(a).

Officer discretion can be used to determine the length of the open work permit to be issued based on the circumstances of each individual case. The open work permit is meant for temporary support only; therefore, the duration of the work permit cannot exceed the end of the current semester or term of study.

Students must continue to meet the conditions of their study permit while holding and working with the open work permit, namely to remain enrolled in a designated learning institution and actively pursue their studies.

GCMS coding

In the Global Case Management System (GCMS), under the Application screen, officers should enter the information below in the specified fields:

Refusal

If an officer is not satisfied that all the requirements of section R200, including the assessment under paragraph R208(a) are met, they must record their reasons and outline the rationale underlying the decision, as well as the facts and elements considered. They must also provide an explanation for the decision in a case note.

Refusal reasons should clearly indicate which criteria or what requirement of section R200 or paragraph R208(a) was not met and explain how the conclusion was reached. For assistance, officers can follow the steps in Decision making: Standard of review and process for making a reasonable decision.

Family members

Paragraph R208(a) does not include family members who are not themselves described in paragraph R208(a). Family members of study permit holders are not eligible for an open work permit under this section.