Open Study Permit Canada
Gilbert, a Filipino, is in the process of applying for a work permit in Canada. However, his family is accompanying him as well. Gilbert’s daughter is a grade-seven student. Consequently, she will study in Canada. Gilbert wonders whether he needs to apply for a study permit for her and, if so, whether it would be an open study permit in Canada.
If a foreign national intends to study in Canada, they usually need to obtain a study permit. Of course, they typically require an acceptance letter, also known as an admission letter, from a Designated Learning Institution first.
Table of contents
Who does not need a study permit?
Generally speaking, if you intend to study in Canada, you need a study permit. However, you could be exempt from a study permit under the following circumstances:
- A spouse, a common-law partner or a dependent child of foreign diplomats or specific similar roles
- A member of a certain visiting armed forces in Canada
- If the duration of the course is less than six months
- A registered Indian within the meaning of the Indian Act
- When the person has an implied status regarding their previous study permit, and they have applied for a new one
- Foreign minor children of anyone who is inside Canada other than those who are on a temporary resident status
Although you are exempt from a study permit for short-term programs, you may still apply for one. However, you need to justify your application for a study permit if it is not mandatory.
What is an open study permit?
An open study permit does not limit you to a specific school. Generally speaking, you hold an open study permit if you can apply for a study permit without an admission letter. An acceptance or admission letter is a letter from a DLI. Since the letter is from a specific school, the following study permit limits you to that school. Therefore, study permits issued with acceptance letters are not ordinarily open study permits. However, another indication of an open study permit is the study permit document. If the document clearly states that you may study at any school, you are holding an open study permit.
Who may apply for a study permit without an acceptance letter?
Paragraph 219(1)(2)(a) of IRPR allows a person to apply for a study permit without an acceptance letter. Of course, you qualify only if you are a family member of a foreign national applying for a study or work permit. Regardless, an officer won’t issue you a study permit unless they approve the principal applicant’s study or work permit. If the officer approves all three of you, then you hold an open study permit.
What is a typical case of an open study permit in Canada?
A typical case is when the parents apply for a study or work permit from outside Canada. However, they have minor children who are accompanying them. Therefore, they have to apply for open study permits for their children. If the child is already in Canada and the parents receive their study or work permits, the child does not need a study permit. However, if they are applying from outside Canada, they must request an open study permit for their children.
Can I change my school if I don’t hold an open study permit?
You could change your school, the program, or the education level. However, you must hold a valid study permit and be actively studying in Canada. Regardless, you need to inform IRCC about your decision and, in many cases, apply for a new study permit. Also, make sure to consult the IRCC website or a professional to ensure that any exceptions do not apply to you.
Conclusion
The options for an open study permit are few. However, if you hold one, you may freely choose your school in Canada.
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Al Parsai, LLM, MA, RCIC-IRB
Regulated Canadian Immigration Consultant
Adjunct Professor, Queen’s University Faculty of Law
Instructor, Ashton College, Immigration Consulting Program
Author of 88 Tips on Immigration to Canada and Inadmissibility to Canada for Human Rights Violations
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