The Conditions That Must Be Met When Applying For A Student Visa

There are a number of pre-requisites when you want to come to Canada on a student visa.

First, you need to have your admission paperwork done at the qualifying educational institution before you come. Around the years 2002 and 2003, there was a certain amount of scandal about private educational institutions in Canada. The question was whether students were coming to Canada on a student visa but in fact were not attending the school. So it was unclear what they were coming here to do. The whole process was tightened up, so now in order for students to receive a student visa, they must apply to the qualifying institution first.

Once they receive the admission paperwork, they need to show that their main purpose in coming to Canada is to study in the particular area of study that they were admitted to. Then they need to show that they have sufficient financial background to support themselves without working. This is significant because their purpose here is to study, not to work. Of course, they may work after receiving an off-campus work permit or work on-campus. However, they must show that their main purpose of coming to Canada is to study.

They must also receive medical and criminal clearance: anybody who is coming into Canada for more than 6 months must receive this clearance, regardless of what kind of permit they apply for. Once the applicant has completed all these steps, they may receive their study permit.

Most study permits stipulate a specific time period, which may be as short as 4-8 months to as long as 4-5 years, depending on what program they are qualified to apply for. If they apply for the PhD program at the University of Waterloo for space engineering, for example, they most likely are going to apply for 4-5 years.

Once they are student visa holders in Canada, there are specific conditions that they must comply with. One condition is that they have to study. It may sound silly, but if they later want to extend the permit, they need to show that they actually attended a school, that they are a registered student at the qualifying institution, and also that they are in good standing in accordance with the requirements of that qualifying educational institution. So if a 75 per cent grade average is considered good standing in that particular program, the student must meet that standard. Usually the student will get their documentation from the school’s registrar showing that they are registered and have obtained good standing in the institution. The second condition is that they cannot work, subject to the above noted work situations. The third condition is that the student must understand that their entry is not guaranteed entry all the time.

When they enter Canada on a student visa, this visa allows them to study in Canada. It is not a transit visa or an entry visa. They cannot expect to go out of the country and get back in with that visa. For example, if a student comes into Canada from China, that student must obtain a study permit AND an entry permit for him to be able to come to Canada as an international student.
If his entry permit expires while his study permit is valid, he must ensure that he will obtain another entry permit before leaving Canada.
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If you, or someone you care about, is dealing with immigration law issues in the Kitchener, Ontario Region, contact Jennifer Roggemann Law Office for a consultation.

This information is taken from an interview from April 22, 2008 interview with Jennifer Roggemann, Immigration Lawyer with Jennifer Roggemann Law Office, a Kitchener Ontario Canada Immigration Law Firm. This article is provided as an information service only and should not be used as legal advice. Laws vary by jurisdiction so please consult with an appropriate legal professional if you are looking for help with a specific situation.

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