Immigration Corner | Are there new rules for study permits?

Dear Miss Powell,

I recently read an article online saying that Canada has introduced new rules for processing study permit applications. I am confused, and to be honest, a bit worried. Does this mean it is now harder to get a study permit? Looking forward to your guidance.

– FD

Dear FD,

Thank you for writing in, and I want to encourage other readers to do the same. Many of the issues I address in this column come directly from the questions you send.

There has been a great deal of online commentary recently suggesting that Canada has introduced “new rules” for study permit applications. The concern largely stems from reports about updated processing instructions issued by Immigration, Refugees and Citizenship Canada (IRCC) to its officers. While the headlines may sound dramatic, the legal test for a study permit has not changed.

A study permit is a temporary resident document. As with all temporary applications, the central question remains whether the applicant will leave Canada at the end of their authorised stay. That question has always guided study permit decisions, and it continues to do so today.

CHANGES

What has changed is the emphasis being placed on how applications are assessed. Officers have been reminded to look beyond whether documents are simply submitted and to consider whether the application, taken as a whole, makes sense. This includes examining whether the proposed studies are logical, whether the explanations are credible, and whether the applicant’s circumstances support a genuine intention to study temporarily.

In practical terms, this means that weak or generic study plans are receiving far less tolerance by IRCC. Applications that do not clearly explain why a particular programme is being pursued or why it makes sense at this stage of the applicant’s life are more vulnerable to refusal. An acceptance letter and proof of funds remain necessary, but they are not sufficient if the overall narrative does not add up.

This update does not mean that students are barred from later applying for work permits or permanent residence through proper legal pathways. Canadian immigration law has long recognised that a person may have future plans while still being a genuine temporary resident. The issue is whether, at the time of applying, the applicant can satisfy the officer that they intend to comply with the conditions of their stay.

As always, immigration applications are highly specific. Anyone who is uncertain about how this guidance applies to their particular circumstances should seek personal legal advice before applying.

Deidre S. Powell is a lawyer, mediator, and immigration writer based in Canada. Send your questions and comments via www.deidrepowell.com or WhatsApp 613-695-8777.