Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2014-04-02 and last amended on 2014-02-06. Previous Versions

Marginal note:Failure to comply with conditions

 Despite Division 2, a study permit shall not be issued to a foreign national who has engaged in unauthorized work or study in Canada or who has failed to comply with a condition of a permit unless

  • (a) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition;

  • (b) the work or study was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c); or

  • (c) the foreign national was subsequently issued a temporary resident permit under subsection 24(1) of the Act.

  • SOR/2004-167, s. 62.

Division 5Validity and Expiry of Study Permits

Marginal note:Invalidity

 A study permit becomes invalid when it expires or when a removal order made against the permit holder becomes enforceable.

PART 13REMOVAL

Division 1Removal Orders

Marginal note:Types of removal order

 There are three types of removal orders, namely, departure orders, exclusion orders and deportation orders.

Marginal note:Departure order
  •  (1) For the purposes of subsection 52(1) of the Act, an enforced departure order is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada.

  • Marginal note:Requirement

    (2) A foreign national who is issued a departure order must meet the requirements set out in paragraphs 240(1)(a) to (c) within 30 days after the order becomes enforceable, failing which the departure order becomes a deportation order.

  • Marginal note:Exception — stay of removal and detention

    (3) If the foreign national is detained within the 30-day period or the removal order against them is stayed, the 30-day period is suspended until the foreign national's release or the removal order becomes enforceable.

  • SOR/2011-126, s. 5.
Marginal note:Exclusion order
  •  (1) For the purposes of subsection 52(1) of the Act, and subject to subsections (3) and (4), an exclusion order obliges the foreign national to obtain a written authorization in order to return to Canada during the one-year period after the exclusion order was enforced.

  • Marginal note:Exception

    (2) For the purposes of subsection 52(1) of the Act, the expiry of a one-year period following the enforcement of an exclusion order, or a two-year period if subsection (3) applies, is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada.

  • Marginal note:Misrepresentation

    (3) A foreign national who is issued an exclusion order as a result of the application of paragraph 40(2)(a) of the Act must obtain a written authorization in order to return to Canada within the two-year period after the exclusion order was enforced.

  • Marginal note:Application of par. 42(b) of the Act

    (4) For the purposes of subsection 52(1) of the Act, the making of an exclusion order against a foreign national on the basis of inadmissibility under paragraph 42(b) of the Act is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada.

  • SOR/2011-126, s. 6.