PART 12Students (continued)
DIVISION 2Application for Study Permit
Marginal note:Application before entry
213 Subject to sections 214 and 215, in order to study in Canada, a foreign national shall apply for a study permit before entering Canada.
Marginal note:Application on entry
214 A foreign national may apply for a study permit when entering Canada if they are
(a) a national or a permanent resident of the United States;
(b) a person who has been lawfully admitted to the United States for permanent residence;
(c) a resident of Greenland; or
(d) a resident of St. Pierre and Miquelon.
(e) [Repealed, SOR/2014-14, s. 10]
- SOR/2014-14, s. 10
- SOR/2019-212, s. 11(F)
Marginal note:Application after entry
(a) hold a study permit;
(b) apply within the period beginning 90 days before the expiry of their authorization to engage in studies in Canada under subsection 30(2) of the Act, or paragraph 188(1)(a) of these Regulations, and ending 90 days after that expiry;
(c) hold a work permit;
(d) are subject to an unenforceable removal order;
(e) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;
(f) are a temporary resident who
(g) are in a situation described in section 207.
Marginal note:Family members
(2) A family member of a foreign national may apply for a study permit after entering Canada if the foreign national resides in Canada and the foreign national
(a) holds a study permit;
(b) holds a work permit;
(c) holds a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;
(d) is subject to an unenforceable removal order;
(e) is a member of the armed forces of a country that is a designated state described in paragraph 186(d);
(f) is an officer of a foreign government described in paragraph 186(e);
(g) is a participant in sports activities or events, as described in paragraph 186(h);
(h) is an employee of a foreign news company as described in paragraph 186(i); or
(i) is a person who is responsible for assisting a congregation or group, as described in paragraph 186(l).
- SOR/2014-14, s. 11
DIVISION 3Issuance of Study Permits
Marginal note:Study permits
(a) applied for it in accordance with this Part;
(b) will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;
(c) meets the requirements of this Part;
(d) meets the requirements of subsections 30(2) and (3), if they must submit to a medical examination under paragraph 16(2)(b) of the Act; and
(e) has been accepted to undertake a program of study at a designated learning institution.
(2) Paragraph (1)(b) does not apply to persons described in section 206 and paragraphs 207(c) and (d).
Marginal note:Study in Quebec
(3) An officer shall not issue a study permit to a foreign national who intends to study in the Province of Quebec — other than under a federal assistance program for developing countries — and does not hold a Certificat d’acceptation du Québec, if the laws of that Province require that the foreign national hold a Certificat d’acceptation du Québec.
- SOR/2004-167, s. 59
- SOR/2012-154, s. 11
- SOR/2014-14, s. 12
Marginal note:Application for renewal
(2) An officer shall renew the foreign national’s study permit if, following an examination, it is established that the foreign national continues to meet the requirements of section 216.
- SOR/2004-167, s. 60
- SOR/2014-14, s. 13
Marginal note:Temporary resident status
218 A foreign national referred to in paragraph 215(1)(d) and their family members do not, by reason only of being issued a study permit, become temporary residents.
DIVISION 4Restrictions on Studying in Canada
Marginal note:Acceptance letter
219 (1) A study permit shall not be issued to a foreign national unless they have written documentation from the designated learning institution where they intend to study that states that they have been accepted to study there.
(2) Subsection (1) does not apply to
(3) [Repealed, SOR/2014-14, s. 14]
- SOR/2004-167, s. 61
- SOR/2014-14, s. 14
Marginal note:Financial resources
220 An officer shall not issue a study permit to a foreign national, other than one described in paragraph 215(1)(d) or (e), unless they have sufficient and available financial resources, without working in Canada, to
(a) pay the tuition fees for the course or program of studies that they intend to pursue;
(b) maintain themself and any family members who are accompanying them during their proposed period of study; and
(c) pay the costs of transporting themself and the family members referred to in paragraph (b) to and from Canada.
Marginal note:Conditions — study permit holder
Marginal note:Loss of designation
(2) In the event that the learning institution at which the holder of a study permit is enrolled loses its designated status after the issuance of the permit by virtue of any of the following events, subsection (1) shall apply to that holder for the duration of their permit as if the learning institution at which they are enrolled continues to be a designated learning institution:
(a) termination of an agreement or arrangement between the province and the Minister in respect of learning institutions that host international students under which the learning institution had been designated;
(b) the coming into force of an agreement or arrangement between the province and the Minister in respect of learning institutions that host international students under which the learning institution no longer qualifies for designation; or
(c) revocation of the designation by the province.
(3) Subsection (1) does not apply to
Marginal note:Evidence of compliance with conditions
(4) The holder of a study permit must provide evidence to an officer of their compliance with the conditions set out in subsection (1) if
(a) the officer requests the evidence because the officer has reason to believe that the permit holder is not complying or has not complied with one or more of the conditions; or
(b) the officer requests the evidence as part of a random assessment of the overall level of compliance with those conditions by permit holders who are or were subject to them.
- SOR/2014-14, s. 15
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