Study permits: Assessing the application

On this page

• Reviewing applications for completeness
  • Incomplete applications
• Reviewing requirements
  • Proof of identity
  • Financial resources [R220]
    • Assessing available resources
    • Foreign exchange controls
    • Refusing an application for financial resources
  • Failure to comply with conditions [R221]
  • Interviews
  • Next step
• Footnotes

Reviewing applications for completeness

Officers should check to ensure all documents are completed properly and enclosed with the application package as per the Document Checklist (IMM 5483) (PDF, 1.0 MB).

In addition, officers should verify the following:

• application forms have been properly completed and signed by the applicant:
  • Application for Study Permit Made Outside of Canada form [IMM 1294] (overseas) or Application to Change Conditions, Extend my Stay or Remain in Canada as a Student form [IMM 5709] (in Canada)
  • if applicable:
    • the Family Information form [IMM 5645]
    • the Schedule 1 – Application for a Temporary Resident Visa Made Outside Canada form [IMM 5257]
    • the Statutory Declaration of Common-law Union form [IMM 5409]
    • the Custodianship Declaration form [IMM 5646], for applicants who are minors
    • the Use of a Representative form [IMM 5476]
  • determine whether a processing fee(s) is required and that payment has been included
  • a Letter of acceptance has been provided, unless exempted under R219(2):
    • for initial and new study permit applications:
      • review the original letter of acceptance and confirm that it covers all the basic necessary information.
    • for study permit renewals:
      • review the letter of acceptance, transcript, or the letter issued by the DLI to ensure that the student has provided evidence of compliance with their study permit conditions. For detailed processing instructions see Study permits: Assessing study permit conditions.
    • See Study permits: Designated learning institutions for instructions when the letter of acceptance on file was issued by an institution that appears to no longer be designated or to have been placed on the suspension list

• that evidence of financial resources has been provided for the applicant and any accompanying family members for the first year of the course of study. Applications for extensions must meet the same requirement
• confirm that proof of identity, such as a valid passport or travel document has been provided

• based on the province or territory of destination, unless exempted:
  • Provincial or territorial attestation letter (PAL/TAL), for rest of Canada
  • Quebec Acceptance Certificate (CAQ) for Quebec

Incomplete applications

If the documents are incomplete because they fail to meet the requirements of section 10 of the Immigration and Refugee Protection Regulations, processing of the application cannot be initiated. This also includes applications where the application fee has not been included or is incorrect.

Officers must return the application and documents to the client along with a letter indicating which requirements were missing or incomplete.

Reviewing requirements

Officers must confirm that all the requirements are met, unless the applicant is subject to applicable exceptions. In addition to the below requirements, see the respective program delivery instructions for details on requirements related to:

• Designated learning institutions (DLIs)
• Letters of acceptance (LOA)
• Provincial or territorial attestation letters (PAL/TAL)
• Quebec Acceptance Certificates (CAQ)
• Scholarship and award recipients

Proof of identity

Applicants must provide proof of identity such as a passport, a travel document or official identity document, or photocopies of the following pages: identity pages, date and place of issue, and validity date.

Persons exempt from a passport requirement should provide an acceptable personal identification such as citizenship document, national identification document or birth certificate.

Financial resources [R220]

Section 220 of the Immigration and Refugee Protection Regulations (IRPR) states that:

An officer shall not issue a study permit to a foreign national, other than one described in paragraph 215(1)(d) or (e), unless they have sufficient and available financial resources, without working in Canada, to

1. pay the tuition fees for the course or program of stud ies that they intend to pursue;
2. maintain themself and any family members who are accompanying them during their proposed period of study; and
3. pay the costs of transporting themself and the family members referred to in paragraph (b) to and from Canada

Students are required to demonstrate financial resources for only the first year of studies, regardless of the duration of the course or program of studies in which they are enrolled. This encompasses:

• their tuition fees
• their living expenses
• their travel costs to and from Canada

However, officers should be satisfied that the probability of funding for future years does exist (e.g., parents are employed, scholarship is for more than 1 year). Applications for study permit extensions must also meet this requirement.

For example, a single student entering a 4-year degree program in Ontario with an annual tuition fee of CAN$15,000 must demonstrate that they have sufficient funds to be able to pay for:

• the first year of tuition (e.g., CAN$15,000, not the full CAN$60,000 for 4 years of tuition) ,
• living expenses for themselves and their accompanying family members during their studies, based on the required cost-of-living amounts that are updated annually on the Immigration, Refugees and Citizenship Canada (IRCC) website, and
• travel costs to enter and leave Canada (for themselves and accompanying family members).

In assessing the adequacy of a student’s financial resources, officers may exercise discretion in the documentation they request from applicants:

• Based on the known incidence of indigent and non-bona fide applicants, and the reliability of financial documentation, individual processing offices are best placed to determine whether routinely requiring banking documentation and/or more extensive financial background information is necessary to ensure program integrity.
• In some very high-risk environments, reviewing and verifying the history of funds and supplementary individual or family financial and employment documentation may be necessary to ensure that only genuine students capable of supporting their program of studies are granted study permits.

Officers may take into consideration such sources of funds derived through scholarships, fellowships, assistantships and the like, as well as financial support or support in kind that may be available from relatives in Canada.

Assessing available resources

So that officers can assess an applicant’s overall financial capacity , the applicant must provide documents demonstrating that they have the available resources for all required costs. These are examples of common proofs of funds:

• proof of paid tuition and housing fees for the first year of studies
  • this must be accompanied by other proof of sufficient funds to pay for living expenses and transportation costs
• proof of a Canadian bank account in their name, if they have transferred money to Canada
• a guaranteed investment certificate (GIC) from a participating Canadian financial institution
• proof of a student or education loan from a bank
• bank statements (from a Canadian or foreign bank account) for the past 4 months
• a bank draft that can be converted to Canadian dollars
• a letter from the person or institution giving them money
  • This must be accompanied by other documents showing proof of funds.
• proof of financial support within Canada, if they have a scholarship or are in a Canadian-funded educational program

Cost-of-living amounts [paragraph R220(b)]

Each year, IRCC updates the amounts that applicants must demonstrate they have available to cover living expenses for themselves and for any accompanying family members [paragraph R220(b)]. These amounts are adjusted annually as Statistics Canada updates Canada’s low-income cut-off (LICO).

These cost-of-living amounts are policy guidelines (via Ministerial direction ) and are not specifically established by the Immigration and Refugee Protection Act (IRPA) or the IRPR. Officers use their discretion when determining whether applicants have demonstrated sufficient and available funds to meet the requirements of section R220.

Sufficient and available funds for cost-of-living amounts must be demonstrated in addition to funds for transport to and from Canada [paragraph R220(c)], and tuition [paragraph R220(a)].

Foreign exchange controls

Foreign exchange control measures are in effect in many countries. Where students are dependent on such controlled funds, they should be required to present 1 of the following:

• a letter from a Canadian financial institution stating that funds necessary for the entire upcoming academic year are on deposit in the applicant’s name
• a bank draft in convertible currency for an amount equal to the funds required for the upcoming academic year and made payable jointly to the educational institution and the applicant
• written assurance from the applicant’s bank that sufficient funds are on deposit and from the foreign exchange control authorities that the applicant will be permitted to export a sum adequate for maintenance costs in Canada.

Refusing an application for financial resources

Where the applicant is unable to demonstrate that they have sufficient and available financial resources, officers are to refuse the application on that basis (section R220). This encompasses applicants who do not demonstrate they have sufficient and available financial resources to:

• pay the tuition fees for the course or program of studies that they intend to pursue (paragraph R220(a))
• maintain themself and any family members who are accompanying them during their proposed period of study (paragraph R220(b))
• pay the costs of transporting themself and the family members referred to in paragraph (b) to and from Canada (paragraph R220(c))

Paragraph R216(1)(b) cannot be cited exclusively as a refusal ground for failure to meet financial resources. Officers can only select/cite paragraph R216(1)(b) as a refusal ground in addition to section R220, if they are refusing on financial grounds.

R216 cannot be used as a refusal ground for applications for the FMCSP.

Failure to comply with conditions [R221]

Section 221 of the Immigration and Refugee Protection Regulations states that:

Despite Division 2, 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 any of the following applies:

1. a period of 6 months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition
2. the work or study was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c)
3. the foreign national was subsequently issued a temporary resident permit under subsection 24(1) of the Act

If a foreign national has engaged in unauthorized work or study in Canada or has failed to comply with a condition of a permit, a study permit can only be issued if any of the following applies:

1. a period of 6 months has elapsed since the applicant ceased engaging in the unauthorized work or study, or since the applicant failed to comply with a condition that was imposed on them.
   • See the below regulations for conditions that may be imposed on temporary residents:
     • conditions – study permit holder [R220.1(1)]
     • general conditions [R183]
     • conditions imposed on members of a crew [R184]
     • specific conditions [R185]
2. if the work or study was unauthorized due to non-compliance with any of the following conditions:
   • period authorized for their stay [R185(a)]
   • the work they are permitted or prohibited from engaging in, specifically:
     • type of work [R185(b)(i)]
     • the employer [R185(b)(ii)]
     • the location of the work [R185(b)(iii)]
   • the studies they are permitted or prohibited from engaging in, specifically:
     • the type of studies or course [R185(c)(i)]
     • the educational institution [R185(c)(ii)]
     • the location of the studies [R185(c)(iii)]
     • the times and periods of the studies [R185(c)(iv)]
3. If they were subsequently issued a temporary resident permit (TRP)

To assess whether a study permit can be issued, officers should review the applicant’s history and identify:

1. The date on which they ceased the unauthorized work or study, or since they were non-compliant with their conditions
   • if 6 months has elapsed a study permit can be issued
   • if 6 months has not elapsed, proceed to step B
2. The condition of temporary residence they were found non-compliant
   • If the condition falls under R221(b) as it relates to work or study, a study permit can be issued
   • If it is another condition, proceed to step C
3. Issuance of a TRP
   • If they were issued a TRP, a study permit can be issued
   • If no TRP was issued, officers should proceed with refusing the application

Interviews

In addition to sending a procedural fairness letter, in certain circumstances, it may be necessary to interview the applicant. Reasons that may warrant the need for an interview include

• questions or doubts concerning applicant’s reasons for wishing to come to Canada, the arrangements made for their care and support, and their ability or willingness to leave Canada
• circumstances when the officer needs more information or clarification before finalizing an application:
  • For example, for study permit renewals, when the officer needs more information to determine whether the applicant is in compliance with their study permit conditions (for example, be enrolled and actively pursuing studies at the DLI listed on their study permit)
• suspicions that the foreign national may be a victim of human trafficking (see OP 20 and the program delivery instructions on temporary resident permits (TRPs)

Next step

Once the application and documentation have been reviewed, officers will need to determine whether the applicant

• is inadmissible ^{Footnote 2}
• requires a temporary resident visa (not applicable in Canada)
• requires an electronic travel authorization (eTA)
• is bona fide;
• is from a country classified under the Visitor Information Transmission category as described in chapter IC 2
• requires a medical examination
• is in need of a work permit