Study permits are required for international students who wish to pursue their education in Canadian institutions if education lasts more than 6 months. To apply for a study permit, students must first receive an acceptance letter from a Designated Learning Institution (DLI) in Canada. The application process involves providing proof of sufficient financial resources to cover tuition fees, living expenses, and return transportation.
Additionally, applicants may need to undergo a medical examination and provide a police certificate. If approved by Immigration Refugees Citizenship Canada (IRCC), the study permit allows students to work part-time on or off-campus during their studies and full-time during scheduled breaks, which can be a great way to gain work experience and support themselves financially.
There are several reasons why study permits in Canada might not be accepted. Each application is assessed on a case-by-case basis, and meeting all the requirements does not guarantee approval. That is why it is important to have a qualified representative assist you with the application. The recent efforts of IRCC to stabilize growth and decrease the number of new study permits for 2024 has resulted in an unusual number of study permit refusals not always for good reasons.
If a study permit is refused, applicants have the option to appeal the decision. The first step is to understand the reasons for the rejection, which are not typically outlined in the refusal letter. More detailed reasons are set out in the Officer’s notes, which can be obtained through ATIP request or the Rule 9 response requested by the Federal Court.
Common reasons might include insufficient financial proof, lack of ties to the home country, lack of a reasonable study plan or incomplete documentation. Once the reasons are clear, applicants that can address these issues file an appeal. The appeal process involves filing a judicial review application with the Federal Court. Though a judicial review process may be complex, obtaining proper legal advice can significantly improve their chances of a successful appeal.
The Federal Court has recently announced a recent new pilot project to streamline the judicial review applications of study permit refusals. Under the Study Permit Pilot Project, applicants that apply for a judicial review of their study permit refusals will be able to complete the entire procedure in 5 months, rather than the current 14-18 months.
This streamlined process will not require a hearing, and will allow judges to determine leave and judicial review, simultaneously without oral hearings. As Federal Court Chief Justice Paul Crampton said, “this new process will be a win-win for applicants, who will save significant time and costs, and for the Court, which will save scarce judicial and registry resources.”
Our lawyers who have experience in appealing a refused study permit have had outstanding success reaching a settlement through the court or arguing the appeal in front of a judge. Though many firms charge a significant amount of money to complete this process, our fee is reasonable and we can often obtain a quick and positive decision so that your study plans are not interrupted. We love helping students fulfill their dreams of studying in Canada and are dedicated to appealing negative decisions on study permit applications. Let us help you with your Application or Appeal.
