Tag: study permit

Part 2: Changes to Post-Graduation Work Permit (PGWP) Eligibility Coming November 1, 2024

Cassandra Fultz, RCIC-IRB Author: Cassandra Fultz, RCIC-IRB Date:

Part 1: Changes to Post-Graduation Work Permit (PGWP) Eligibility Coming November 1, 2024

Cassandra Fultz, RCIC-IRB Author: Cassandra Fultz, RCIC-IRB Date:

NEWS RELEASE: Permanent Resident Admission Targets Reduced Significantly

Cassandra Fultz, RCIC-IRB Author: Cassandra Fultz, RCIC-IRB Date:

NEWS RELEASE – Study Permit Pilot Project

Cassandra Fultz, RCIC-IRB Author: Cassandra Fultz, RCIC-IRB Date:

NEWS RELEASE – Study Permit Pilot Project

In a news release on September 26, 2024 The Federal Court has initiated a pilot project aimed at expediting judicial reviews for rejected study permit applications. These rejections are part of the recent surge in immigration-related cases, marking 2024 as the third consecutive year of record-breaking filings.

By December, the Court is expected to handle 24,000 immigration cases, nearly quadrupling the pre-pandemic annual average.

Under the new Study Permit Pilot Project, individuals seeking leave and judicial review of their study permit refusals will see the process shortened to five months, down from the current 14 to 18 months.

Chief Justice Paul Crampton noted that the pilot will eliminate the need for a hearing, allowing judges to rule on both leave and judicial review simultaneously: “This will be a win-win for applicants, who will save significant time and costs, and for the Court, which will save scarce judicial and registry resources.”

Several criteria apply to the pilot project, including that both the prospective student and IRCC must agree to participate and align on the facts of the case.

“These facts will be outlined in a document called the Simplified Certified Tribunal Record, which includes the application package the student submits to IRCC when applying for a study permit,” explained Dupe Oluyomi-Obasi, Senior Counsel and Deputy Director with the Department of Justice (DOJ). Ms. Oluyomi-Obasi, a DOJ representative on the Court’s Liaison Committee, shared this information during a video presentation organized by the Federal Court.

A private bar member of the Committee, Warda Shazadi Meighen, also in the same video stated the shorter timeline can make a “significant” difference in someone’s life. “It can mean starting school in 6 months, as opposed to starting school in 2 and a half, 3 years.”

What does Judicial Review mean?

When a study permit application is refused, applicants have the option to challenge the decision through a legal process known as judicial review in Canada’s Federal Court. However, before the court hears the case, the applicant must first apply for “leave,” or permission, to proceed with the judicial review. Here’s a breakdown of the process:

  1. Applying for Leave
  • Leave is essentially the court’s approval to review the immigration officer’s decision.
  • The applicant must file an application for leave within 15 days of receiving the refusal if the decision was made inside Canada or 60 days if made outside Canada.
  • The applicant must submit documents explaining why the officer’s decision was unreasonable, unfair, or made in error. It’s not enough to simply disagree with the outcome; there must be a legal basis (such as a failure to consider relevant evidence or a misinterpretation of the law).
  • The court will review the application and supporting materials. If the court finds there may be merit to the case, it will grant leave.
  1. Judicial Review
  • Once leave is granted, a judicial review will be scheduled.
  • Judicial review is not a full re-examination of the application; it’s a review of whether the immigration officer’s decision was reasonable and made according to the law.
  • The court does not issue a new decision on the study permit application. If the review is successful, the court will quash (invalidate) the refusal and send the application back to Immigration, Refugees and Citizenship Canada (IRCC) to be re-evaluated by a different officer.
  • If the court finds that the original decision was reasonable, the application for judicial review will be dismissed.

Who is Eligible for Judicial Review under the New Pilot Project?

The new Study Permit Pilot Project, launched by Canada’s Federal Court, streamlines the judicial review process for rejected study permit applications. Those eligible for judicial review under this project include individuals whose study permit applications have been refused, whether they applied from within or outside of Canada.

Key eligibility points:

  • Applicants in Canada must file for judicial review within 15 days of receiving their rejection.
  • Applicants outside Canada have 60 days to file.
  • The process is designed to be quicker, resolving cases within 5 months (instead of the usual 14-18 months), and does not require a hearing. Both the request for leave and the judicial review will be assessed simultaneously.
  • Applicants must submit documents online and follow specific procedures outlined by the court.
  • Both Applicant and IRCC must opt into the pilot project.
  • Both parties must agree on the relevant facts, as demonstrated by the application materials submitted by the Applicant to IRCC, including the complete rationale behind IRCC’s decision.
  • The facts and issues involved in the case, whether related to the initial study permit application or the IRCC’s refusal, must be straightforward (e.g., no factual or legal concerns regarding inadmissibility or national security, and no request for a certified question).
  • The Applicant must not require an extension to file the Application for Leave.
  • Neither party may introduce affidavit evidence, as new evidence is not permitted under this pilot project.

How to Apply

Applicants must use a designated form through the court’s electronic filing system after opting in and adhering to the specified conditions.

The Study Permit Pilot Project begins October 1, 2024.

Why use Doherty Fultz Immigration?

Thanks to the strength of our immigration applications, Doherty Fultz Immigration has consistently ensured that our clients never face prolonged judicial review decisions. While the new expedited processing system is in place, our clients’ timelines have consistently been between 30 – 60 days, and we have never had a client experience a 14 to 16 month timeline. In fact, all cases have been resolved within a maximum of 2 months, with most being settled in under 1 month. We take pride in preparing applications that are strong enough to withstand judicial scrutiny, should it ever be required.

If you have had a Study Permit Refusal and are seeking assistance then please get in touch.

Book Appointment

September 2024 Changes for All Canadian Temporary Residents

Cassandra Fultz, RCIC-IRB Author: Cassandra Fultz, RCIC-IRB Date:

September 2024 Changes for All Canadian Temporary Residents

For those seeking to ensure their own and their loved ones’ socioeconomic security, Canada has consistently been a preferred destination. Recent announcements highlighted in the IRCC News release on September 18, 2024 and reported by Global News last Wednesday by Immigration Minister Marc Miller and Labour Minister Randy Boissonnault, have further emphasized the country’s evolving immigration policies. These changes are part of ongoing efforts to balance immigration needs with economic growth and labor market demands.

  • The number of temporary residents in Canada will be reduced from 6.5 percent of the total population to five per cent which will be reflected in the 2025–2027 Immigration Levels Plan and will be released by November 1, 2024.
  • For the year 2025, Canada plans to issue a total of 437,000 study permits which is 10% lower than the last year.
  • Restrictions has been implemented on the work permit eligibility, later this year, to spouses of master’s degree students to only those whose program is at least 16 months in duration
  • Later this year, spouses of foreign workers in management or professional positions or in industries experiencing a labor shortage will only be eligible for work permits under Canada’s work permit programs (TFWP and IMP).
  • Graduates from public college programs are still eligible for a Post-Graduation Work Permit (PGWP) for a maximum of three years if their field of study is associated with long-term shortage occupations.
  • As part of changes to the PGWP Program, all applicants will be required to demonstrate a minimum language proficiency in French or English. This will increase their chances of obtaining permanent residence.
  • Anyone applying for a post-graduation work permit on or after November 1, 2024, must have a Canadian Language Benchmark (CLB) level 7 for university graduates and a CLB 5 for college graduates.
  • The master’s and doctorate study permit intake for the Canadian Language Benchmark year 2025–2026 will now require the submission of a provincial or territorial attestation letter. Based on the contributions these students make to the Canadian job market, the government will reserve about 12% of the allocation spaces for them.
  • In order to prevent the sense of vulnerability among students, on January 1, 2024, the cost-of-living requirement for study permit applicants was changed to better reflect the true cost of living in Canada.

In light of these upcoming changes to Canada’s immigration and temporary resident policies, the country continues to balance its commitment to attracting global talent with the need to manage its workforce and resources effectively. By reducing the temporary resident population, tightening work permit eligibility, and adjusting requirements for study and post-graduation permits, the government aims to align its immigration strategy with economic demands and labor market needs. These reforms, such as increasing language proficiency standards and revising cost-of-living requirements, are designed to enhance the integration of international students and workers into Canada’s workforce while ensuring sustainable growth. As these new measures take effect, they signal a shift towards a more targeted and economically-driven immigration system that will continue to shape Canada’s future.

If you have been affected by any of these changes, please don’t hesitate to get in touch for further information and assistance. Understanding how these updates may impact your immigration status, study, or work eligibility is essential, and we are here to help guide you through the process.

Book Appointment

SOPs and Successful Study Permit Applications

Cassandra Fultz, RCIC-IRB Author: Cassandra Fultz, RCIC-IRB Date:

Navigating Study Permit Hurdles: Top 5 Reasons for Refusal and How to Overcome Them

Cassandra Fultz, RCIC-IRB Author: Cassandra Fultz, RCIC-IRB Date:

Applying for a study permit to Canada involves a detailed process where several factors are scrutinized to determine if the applicant meets the requirements. Among these factors, five key reasons frequently lead to refusals. Understanding these reasons can help applicants address potential issues and improve their chances of approval. Here’s a breakdown of the top five refusal reasons and how to tackle them effectively.

1. Personal Assets and Financial Status

One of the most common reasons for a study permit refusal is related to personal assets and financial status. Canadian immigration authorities require proof that applicants have sufficient funds to cover their tuition fees, living expenses, and return travel without relying on employment in Canada. If your application lacks detailed financial documentation or if the provided financial sources are unclear or insufficient, it may lead to a refusal.

How to Address It: Ensure that your application includes comprehensive financial documentation. This includes bank statements, proof of income, and details about the source of your funds. A clear explanation of how you plan to finance your studies, along with evidence that your financial situation is stable and secure, will help address this concern. Providing a letter of support from a sponsor, if applicable, can also strengthen your application.

2. Purpose of Study

The purpose of study is another significant reason for refusals. Immigration officers must be convinced that your primary intention is to study and not to gain entry into the labor market or for any other reasons. If your statement of purpose (SOP) is vague or lacks detail, the officer may doubt your genuine intention to pursue education in Canada.

How to Address It: Craft a detailed and focused study plan. Clearly articulate why you have chosen the particular program and institution, how it aligns with your career goals, and how it fits into your educational background. Demonstrating a well-thought-out plan and a clear rationale for your choice of study can help establish your genuine intent.

3. Current Employment Situation

Your current employment situation can impact your study permit application, especially if you are a mature student who has been out of school for a period of time. Immigration officers may question why you are returning to study if you are not currently employed, as this may suggest a lack of commitment to your education or a potential misuse of the study permit.

How to Address It: If you are not currently employed, provide a clear explanation for this gap. Demonstrate how your previous employment experiences or current situation has led you to pursue further studies. Highlight how the program will benefit your career and explain any relevant activities or roles you have undertaken during your time away from the workforce.

4. Not Consistent with a Temporary Stay

Study permits are intended for temporary stays, and applicants must convince immigration authorities that they will return to their home country after completing their studies. If your application does not convincingly address how you will leave Canada at the end of your program, it may result in a refusal.

How to Address It: Strengthen your application by emphasizing your ties to your home country. Provide evidence of family connections, property ownership, or ongoing responsibilities that require your return. A well-articulated plan for your career and how your studies in Canada will benefit you upon your return can also support your case.

5. Family Ties in Canada and Country of Residence

Family ties can influence the decision on your study permit application. If you have family members residing in Canada, immigration officers might be concerned that you may not leave Canada after your studies. Conversely, if you lack strong family ties in your home country, they might question your intention to return.

How to Address It: If you have family in Canada, clarify how this does not impact your intent to return home. Provide detailed information on your family situation in both Canada and your home country. If you have strong ties to your home country, highlight these connections in your application.

Conclusion

Addressing these common refusal reasons requires careful preparation and a detailed, transparent application. By focusing on your financial status, clearly stating your purpose of study, explaining your current employment situation, demonstrating your intent to return home, and addressing family ties, you can improve your chances of securing a Canadian study permit. Always ensure your documentation is thorough and your intentions are clear to facilitate a successful application process.

20 hours Of Workweek For International Students In Canada From 2024

Cassandra Fultz, RCIC-IRB Author: Cassandra Fultz, RCIC-IRB Date:

IEC Announced The Opening For Season 2024

Cassandra Fultz, RCIC-IRB Author: Cassandra Fultz, RCIC-IRB Date:

Canada Has New Minister of Immigration – Mark Miller

Cassandra Fultz, RCIC-IRB Author: Cassandra Fultz, RCIC-IRB Date: