How a Study Permit Becomes Invalid in Canada

Anitha, an international student in Canada, feels uncertain after her school expelled her. Although her study permit remains valid for two more years, she wonders if expulsion could invalidate it. This article explains the factors that make a study permit invalid.

What is a study permit?

A study permit is an official document issued by Immigration, Refugees, and Citizenship Canada (IRCC). It allows international students to study at designated learning institutions (DLIs) in Canada and specifies the institution where the student must enroll. While it permits studying, it is not a visa and does not guarantee entry into Canada. Students must maintain their enrolment and follow the conditions outlined in their permit to avoid invalidation.

What makes a study permit invalid?

A study permit becomes invalid when one of the following conditions, outlined in section 222(1) of the Immigration and Refugee Protection Regulations (IRPR), occurs first:

• The permit becomes invalid 90 days after the student completes their studies. Completion is defined by issuing a final transcript or completion letter, even if the printed expiry date is later.
• The permit becomes invalid when the student stops enrolling at the DLI listed on their permit. This rule does not apply if the student completes their studies. Effective November 8, 2024, the rule ensures students stay continuously enrolled.
• IRCC cancels the permit if the student becomes subject to an enforceable removal order (practitioners see R243.2).
• The permit naturally expires on the date printed on the document.

Understanding these conditions is crucial for international students to maintain their legal status in Canada.

Exceptions to the invalidity rules

Certain individuals are exempt from the 90-day rule invalidating a study permit, as section 222(2) of the IRPR outlines. These exceptions include the following:

• Family members of foreign nationals described in R215(2)(a) to (i):
  • Those who hold a valid study or work permit.
  • Those who hold a temporary resident permit valid for at least six months.
  • Those who are subject to an unenforceable removal order.
  • A designated state’s armed forces member as described in R186(d).
  • Officers of a foreign government as described in R186(e).
  • Participants in sports activities or events as described in R186(h).
  • Employees of foreign news companies under R186(i).
  • Individuals assisting congregations or groups under R186(l).
• Fee exemptions under R300(2)(a) to (i):
  • Refugee claimants and protected persons.
  • Diplomats, consular officers, and accredited representatives of intergovernmental organizations.
  • Members of armed forces under the Visiting Forces Act.
  • Participants in student exchange programs or bilateral agreements.
  • U.S. government officials who are temporarily in Canada.

Students in these categories are not subject to the 90-day rule after completing their studies. However, other international students do not qualify for these exemptions and must adhere to the standard regulations to maintain validity. Moreover, there are no exceptions for other situations, such as enforceable removal orders, no more enrollment, and the expiration of the study permit. 

Best practices for international students in Canada to keep their study permits valid

International students should follow these detailed best practices to maintain the validity of their study permits:

• Stay enrolled at the designated learning institution (DLI):
  • Ensure continuous enrolment at the DLI listed on your permit.
  • Notify IRCC immediately if you transfer to another institution by applying for a new study permit. 
• Avoid unauthorized leaves from studies:
  • Obtain approval from your DLI for any leave of absence.
  • Limit the leave to 150 days to remain compliant with permit conditions.
• Complete studies within the permit’s timeframe:
  • Plan your academic progression to finish within the duration of your study permit.
  • Seek extensions if unavoidable delays occur, ensuring you apply before the permit expires.
• Seek professional advice for complex situations:
  • Consult with an immigration professional if you face expulsion or program interruptions.
  • Stay informed about changes to your status and act promptly to address issues.

Following these steps ensures compliance with IRCC rules and protects your legal status in Canada.

Book a consultation for official advice.

Navigating study permit rules can be challenging for international students. Book a consultation session with me if you are uncertain about your study permit status. Professional advice ensures you understand your rights and obligations under Canadian immigration law. A consultation provides tailored guidance to help you make informed decisions and protect your legal status in Canada. Alternativley, fill out the following form to contact our team.