Can a Visitor Apply for a Study Permit While in Canada?

For many foreign nationals, Canada is a desirable place to pursue studies. However, the immigration rules regarding study permits can be complex, especially for those already in Canada as visitors. I will clarify whether and how visitors in Canada can apply for a study permit, including the legal requirements and exemptions.

Study Permit Eligibility

Foreign nationals who are already in Canada as visitors generally cannot apply for a study permit from within Canada. Generally, they would need to submit their study permit application online or at a Visa Application Centre (VAC) outside of Canada. If approved, they would then obtain their study permit at a Port of Entry (POE), i.e., an international airport.

However, there are specific exemptions under Section R215 of the Immigration and Refugee Protection Regulations (IRPR) that allow certain individuals to apply for a study permit while already in Canada.

When Can a Visitor Apply for a Study Permit Within Canada?

Section R215 outlines the scenarios in which a foreign national may apply for a study permit after entering Canada for the following situations:

1. Existing Study Permit Holders: If you currently hold a valid study permit, you may be eligible to apply for a new one from within Canada.
2. Recently Completed Study Authorization: If you are applying within the period beginning 90 days before the expiration of your previous study authorization and ending 90 days afterward, you may qualify.
3. Work Permit Holders: If you hold a valid work permit, you can apply for a study permit from within Canada.
4. Temporary Resident Permit Holders: If you have a temporary resident permit valid for at least six months, you may apply.
5. Specific Temporary Residents:
• You are studying at the preschool, primary, or secondary level.
• You are a visiting or exchange student at a designated learning institution.
• You have completed a prerequisite program necessary for admission to a designated learning institution.
6. Removal Orders: If you are under an unenforceable removal order, you can still apply for a study permit from within Canada.
7. Other Special Cases: Certain humanitarian cases and special programs may also allow for in-Canada study permit applications.

 

Applying for a Study Permit as a Family Member

Family members of foreign nationals residing in Canada may also be eligible to apply for a study permit from within Canada. The primary foreign national must meet specific criteria, such as holding a study permit, work permit, or temporary resident permit valid for at least six months, among other requirements.

Do You Always Need a Study Permit?

Not all programs require a study permit. For example, if your course lasts less than six months, you may not need a study permit. Additionally, some individuals are exempt from requiring one under specific circumstances.

If you meet the criteria to apply for a study permit within Canada:

1. Ensure you qualify under one of the exemptions.
2. Gather all necessary documents, including proof of acceptance from a designated learning institution (DLI).
3. Applications for a study permit can be submitted online through the Immigration, Refugees, and Citizenship Canada (IRCC) website or at a VAC.
4. Once your application is approved, you will receive your study permit.

 

Disclaimer: The above writing is not intended to be a source of legal advice. Please seek legal advice and use your own good judgement before choosing to act on any information provided above. If you choose to rely on this article, you do so entirely at your own accountability.