In-Canada Study Permit
As of June 1, 2014, certain foreign nationals who are in Canada on a Visitor Visa may apply for a study permit from within Canada to attend a designated institution. These include:
- Minor children studying at the primary or secondary level;
- Exchange or visiting students; or
- Short-term students who have completed a course or program of study that is a condition for acceptance at a designated institution.
This change would further facilitate the transition from visitor to study permit holder for minor students once they reach the age of majority, as well as for those students who wish to transition from a short-term preparatory program to a longer-term college or university program.
Access to Work During Studies
Study permit holders have the privilege of working either on or off-campus during their studies, including as part of co-op or internship programs, without having to obtain a Labour Market Opinion. Eligibility for these various work programs previously varied on a program by program basis. New regulations streamline eligibility by allowing work access for full-time students undertaking an academic, vocational or professional training program at a designated institution. The effects of these amendments will be to:
- extend, for the first time, off-campus work to students attending private career colleges;
- exclude, for the first time, those students undertaking English or French as a second language (ESL/ FSL) programs or general interest or preparatory courses from the authorization to work under the co-op work permit program. Students undertaking ESL/ FSL programs or general interest or preparatory courses are therefore not eligible to work during their studies without a positive Labour Market Opinion (LMO).
Study permit holders that are full time, and enrolled in an academic, vocational or professional training program leading to a degree, diploma or certificate at a designated institution may work 20 hours per week during their studies and full time during scheduled academic breaks and are no longer required to apply for an Off-Campus Work Permit.
Transitional or “Grandfathering” Provisions
Current Students
As of June 1, 2014, students who already hold a study permit and are studying at a non-designated institution will be permitted to complete the program of study in which they were enrolled for the duration of that permit. These students may also renew their study permit for the remainder of the duration of their program or until the date that is three years after June 1, 2014.
Students who already hold a co-op work permit and are studying at a non-designated institution or enrolled in a program that does not qualify as an academic, vocational or professional training program will be permitted to continue to work in order to complete their program. These students may also renew their co-op work permit for the purpose of completing their program or until the date that is three years after June 1, 2014.
Students whose institution loses its designation status after the issuance of their study permits will be permitted to continue their studies there, if they wish to do so, until the end of the validity period of their study permit.
Prospective Students
Foreign nationals whose application for a study permit is received prior to June 1, 2014, are not subject to the new condition to be enrolled at a designated institution. These foreign nationals may renew their study permit to complete their program, for a duration that does not exceed three years after June 1, 2014. The application for such a study permit and its renewal would be assessed under the criteria that were in effect prior to June 1, 2014.
Additionally, those foreign nationals whose application for a co-op work permit was received prior to June 1, 2014, will not be subject to the requirement to be enrolled in an academic, vocational or professional training program offered by a designated learning institution in order to receive such a work permit.
Students are expected to be actively pursuing their studies regardless of whether or not their study permit was issued before or after June 1, 2014, and enforcement action for failure to do so is available to officers.