Study permits: Assessing compliance with study permit conditions

Under subsection 220.1(1) of the Immigration and Refugee Protection Regulations (IRPR), study permit holders in Canada are subject to both of the following conditions:

1. They must enrol at a designated learning institution (DLI) that is named on their permit and remain enrolled at a DLI until they complete their studies.
2. They must actively pursue their course or program of study.

On this page

• Assessment of study permit conditions
  • Enrolment at a DLI
    • Study permit invalidation
    • Students who change DLIs without authorization
    • Students whose permit does not name a DLI
    • Changing DLIs or programs of study
  • Actively pursuing studies
    • Full-time and part-time studies
    • Progress toward completion of courses
    • Leave from studies
    • Multiple leave periods
    • Deferred enrolment
    • DLI closures
    • Working during any leave from studies (on/off campus, co-op)
  • Evidence of compliance
  • Non-compliance
  • Exemptions to conditions

Assessment of study permit conditions

Officers should exercise their judgment and take into account all relevant factors when assessing a student’s compliance with their study permit conditions.

Enrolment at a DLI

As of November 8, 2024, a foreign national who applied for a study permit to attend a post-secondary institution must be enrolled at the DLI that is named on their permit and remain enrolled there until they complete their studies.

For more information on changing DLIs or on enrolment at DLIs that have either lost their designation status or have been placed on the suspension list, see Study permits: Designated learning institutions.

Study permit invalidation

As per subsection R222(1), a study permit will become invalid upon the first of the following days:

1. 90 days after the day the study permit holder completed their studies;
   1. a.1) The day on which the permit holder is no longer enrolled at the DLI named in their permit, other than as a result of completing their studies;
2. The day on which the permit is cancelled under section R222.7, R222.8 or R243.2; or
3. The day on which the permit expires.

As a result, study permit holders must ensure that they apply for a new study permit before their current study permit expires, according to the invalidity provisions. If a study permit holder continues to study, despite the previous permit’s invalidity, they are considered to be studying without authorization.

Students who change DLIs without authorization

Effective November 8, 2024, section R217.1 stipulates that study permit holders in Canada whose permit names a DLI must apply for a new study permit if they wish to change DLIs. This requirement applies to studies at a post-secondary DLI.

As per paragraph R220.1(1)(a), study permit holders must adhere to the condition that they remain enrolled at the DLI named on their study permit until they complete their studies.

Under paragraph R222(1)(a.1), their study permit becomes invalid on the day that they are no longer enrolled at the DLI named on their study permit, other than as a result of completing their studies.

Therefore, if a student whose study permit names a DLI has changed DLIs without applying for a new study permit, their previous study permit is rendered invalid and the student is considered to be studying without authorization at the new DLI.

Students whose permit does not name a DLI

Effective November 8, 2024, section R217.1 requires post-secondary study permit holders whose permit names a DLI to apply for a new study permit when changing DLIs. If a post secondary student holds a study permit issued prior to November 8, 2024,that does not name a DLI, they should apply for a new study permit when changing DLIs. Once that study permit with no DLI is expired, they must apply for a new study permit which will be issued with the name of the DLI they are attending.

As of November 1, 2024, study permit holders no longer have the ability to change their DLI via their online account. Therefore, applying for a new study permit will ensure that their new DLI can accurately complete student compliance reporting.

Should an officer determine that a post-secondary student whose study permit does not name a DLI changed DLIs without applying for a new study permit, they should verify that the student’s permit conditions did not prohibit them from switching DLIs.

If the student’s conditions did not prohibit them from changing DLIs, they cannot be found non-compliant with subsection R220.1(1), that is, the condition to be enrolled at the DLI named on their study permit until they complete their studies.

Additionally, as their study permit did not name a DLI, their permit will not become invalid under paragraph R222(1)(a.1).

This also applies to cases where secondary students transitioning to post-secondary studies use their secondary level study permit to commence their post-secondary studies. Students must apply for a new study permit with the DLI’s name on it when they transition to post-secondary studies to avoid any non-compliance issues.

If a student is attending a secondary school while on a visitor record, they must wait for their study permit application to be approved before beginning studies at the post-secondary level. If a student is studying without a permit and then requires a study permit to continue studying, they must wait for the study permit application to be approved before beginning studies.

In all cases, if the study permit application is refused, the student must stop studying at the post-secondary level immediately.

Changing DLIs or programs of study

For more information on changing DLIs, see the above sections regarding enrolment at a DLI and Study permits: Designated learning institutions.

To assess if a student who has changed institutions or programs of study a number of times should be considered to be actively pursuing their studies, the officer should consider the student’s reasons for the changes.

In cases where multiple program or institutional changes do not appear to support the expectation that the student is making reasonable progress toward the completion of a Canadian credential, the officer may determine that the study permit holder has not fulfilled their study permit condition to actively pursue their course or program of study.

Students engaging in post-secondary studies in Canada are authorized to change programs of study within the same DLI at the same level of study, provided they are not limited from doing so by conditions imposed on their study permit.

Actively pursuing studies

Study permit holders must actively pursue their course or program of study, while they are in Canada, unless they are exempt from the requirement under subsection R220.1(3) (see “Exemptions to conditions” below).

When assessing a study permit holder’s compliance with the condition to “actively pursue their studies,” officers should follow these guidelines and can also refer to the “Reviewing student enrolment status reporting by DLIs” PDI for further guidance on how to interpret the data collected during the twice-yearly DLI reported compliance exercises.

Full-time and part-time studies

The definition of full-time or part-time studies varies depending on the educational institution. Students must have at least part-time status with their institution to be considered to be actively pursuing their studies.

The Province of Quebec requires students to maintain full-time status with their institution to be considered to be actively pursuing their studies. For more details on requirements for students in Quebec, see Study permits: Students destined to Quebec.

Progress toward completion of courses

Students should be able to demonstrate that they are making reasonable progress toward the completion of their program.

Leave from studies

Students may be required or may wish to take leave from their studies while in Canada. For the purpose of assessing if a student is actively pursuing their studies, any leave taken from a program of studies in Canada should not exceed 150 days from the date the leave commenced and must be authorized by their DLI.

A student on authorized leave who begins or resumes their studies within 150 days from the date the leave commenced (that is, the date the leave was granted by the institution) is considered to be actively pursuing studies during their authorized leave.

Examples of reasons for authorized leave include but are not limited to the following:

• medical illness or injury
• pregnancy
• family emergency
• death or serious illness of a family member
• change in program of study within the same institution, outside a regularly scheduled break
• dismissals or suspensions (dependent on degree of severity)
• postponed program start date (see Deferred enrolment for more information)

Multiple leave periods

In cases where a student has taken multiple periods of authorized leave in Canada during their program of study, the officer should consider the student’s reasons for the various periods of leave. If the multiple periods of leave do not appear to support the expectation that the student is making reasonable progress toward the completion of their course or program of study in the time allotted by the course or program of study, the officer may determine that the study permit holder has not fulfilled the condition to actively pursue their course or program of study.

Deferred enrolment

In exceptional circumstances, a student may be required to defer their program’s start date to the next semester. If the student defers their program start date, it should be formally approved by the DLI. In some cases, the deferral is imposed by the DLI.

If the study permit holder is in Canada at the time of deferral and they wish to remain in Canada, they must begin their studies the following semester or within 150 days from the date the deferred enrolment is confirmed, whichever comes first. Otherwise, they should do either of the following:

• change their status (that is, change to visitor status or worker status)
• leave Canada

DLI closures

Students may be required to abandon or put their studies on hold as a result of strikes or permanent closures (for example, if an institution files for bankruptcy and is no longer in operation). For the purpose of assessing whether a student is enrolled and actively pursuing their studies, they are considered in compliance, but the time taken to transition to a new program, change status or leave Canada should not exceed 150 days from the date the institution closed.

Working during any leave from studies

If a study permit holder is not attending class full time, they are not eligible to work as per the condition listed on their study permit.

During any leave from studies, including DLI closures, a study permit holder cannot work on or off campus.

Students who hold a valid co-op work permit may not undertake a co-op or internship placement during any leave from studies or school closure.

Evidence of compliance

In accordance with subsection R220.1(4), study permit holders must provide evidence of their compliance with their study permit conditions, under subsection R220.1(1), if an officer requests such evidence for either of the following reasons:

• The officer has reason to believe the permit holder is not complying or has not complied with one or more of the conditions of their study permit.
• The officer wishes to review the evidence as part of a random assessment of the overall level of compliance with the conditions.

Examples of evidence that officers may request include but are not limited to the following:

• official document from the institution confirming enrolment status
• official document from the institution confirming the reason for leave and the date of approval
• official document from the institution confirming the date the student formally withdrew from an institution or program of study
• official document from the institution confirming the date the student was suspended or dismissed
• official document from the institution confirming the date the student ceased studying
• current and previous transcripts
• character references (such as a note from a professor)
• note from a medical practitioner certifying the medical need and length of leave required
• documentation or letter attesting that the school has ceased operations and is no longer offering courses or programs of study
• any additional and relevant documents, at the discretion of the officer

Non-compliance

Officers are required to follow the rules of procedural fairness before making a determination of non-compliance with study permit conditions.

Before making a final decision on an application regarding non-compliance with study permit conditions, and after considering the elements covered in the above sections of this PDI, officers should send a Procedural Fairness Letter (PFL) in order to offer the applicant the opportunity to respond to the officer’s concerns.

Officers should be mindful that their decisions are subject to the possibility of judicial review. In the event a refused applicant submits a leave to appeal to the Federal Court, the Court will examine, amongst other factors, whether or not the decision maker failed to comply with the principles of natural justice or procedural fairness when the decision was made.

Important: A determination of non-compliance with study permit conditions, may result in serious consequences for the applicant, such as:

• enforcement action; that is, an exclusion order can be issued for non-compliance, per subparagraph R228(1)(c)(v).
• a negative affect on future applications that are made under the IRPA and IRPR.
  • For example, a subsequent study permit or work permit may not be issued until a period of 6 months has passed, since the cessation of the unauthorized work or study or failure to comply with a condition, per paragraph 221(a) and subparagraph R200(3)(e)(i).

Exemptions to conditions

In accordance with subsection R220.1(3), the following people are exempt from the study permit conditions under subsection R220.1(1):

• a person in Canada who has made a refugee claim that has not yet been determined by the Refugee Protection Division as well as that person’s family members
• a person in Canada on whom refugee protection has been conferred and their family members
• a person who is a member of the Convention refugees abroad class or a humanitarian-protected persons abroad class and their family members
• a properly accredited diplomat; consular officer; representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member; the members of the suite of such a person; and the family members of such a person
• a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of that visiting force under paragraph 4(c) of that Act, and their family members
• a person who holds a study permit and has become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for the financial support to complete their term of study
• a person whose study in Canada is under an agreement or arrangement between Canada and another country that provides for reciprocity of student exchange programs
• a person who works in Canada as an officer of the United States Immigration and Naturalization Service or of United States Customs carrying out pre-inspection duties, as an American member of the International Joint Commission or as a United States grain inspector, and their family members
• a United States Government official in possession of an official United States passport who is assigned to a temporary posting in Canada and their family members
• a family member of a foreign national who resides in Canada and is described as any of the following:
  • a person who holds a study permit
  • a person who holds a work permit
  • a person who holds a temporary resident permit issued under subsection A24(1) that is valid for at least 6 months
  • a person who is subject to an unenforceable removal order
  • a person who is a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of those armed forces
  • a person who is an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency
  • a participant in sports activities or events in Canada either as an individual participant or as a member of a foreign-based team or Canadian amateur team
  • an employee of a foreign news company for the purpose of reporting on events in Canada
  • a person who is responsible for assisting a congregation or group in the achievement of its spiritual goals and whose main duties are to preach doctrine, perform functions related to gatherings of the congregation or group, or provide spiritual counselling
• a study permit holder under the Temporary public policy to exempt certain Indigenous persons and their family members from temporary residence requirements