According to a ruling by the Federal Court, applications for study permits don’t require payment of tuition. The Tehrani v. Canada case has advantages for international students.
In the case of Tehrani v. Canada, the Federal Court determined that applicants for study permits do not have to pay all or part of their tuition expenses (Citizenship and Immigration). Iranian national Tehrani applied for a study permit after being admitted to a degree in project management at a university in Toronto.
The immigration official rejected Tehrani’s application for a study permit because she was unconvinced that he would depart Canada after his permitted stay expired. Tehrani’s marital status, family links to Canada, and the fact that he only paid a portion of the tuition to secure his spot in the programme were taken into consideration while making the decision.
The court explained that in order to be exempt from paying tuition under the Immigration and Refugee Protection Regulations (IRPR), a candidate must simply show that they have been admitted to a course of study. It is not necessary for the applicant to provide proof that any or all tuition has been paid. Instead, IRPR just needs the person to demonstrate that they have the resources to cover tuition and other costs.
The officer erred by using the fact that Tehrani did not pay his full tuition as cause for refusing his study permit application. Further, the officer never found that Tehrani did not have the financial capacity to pursue his studies in Canada.
Ultimately, the court determined that Tehrani’s decision to depart Canada at the conclusion of his permitted stay had no bearing on the tuition payment. The officer’s decision to deny Tehrani’s study permission was deemed irrational by the court because it lacked explanation and failed to consider the evidence Tehrani had presented.
Implications for student permit applicants
The Tehrani case focuses on the affordability of education and the significance of providing housing for foreign students wishing to study in Canada. The decision eliminates a roadblock for international students who want to study in Canada but may not be able to cover all or part of their tuition at the time they apply for a study permit.
An applicant is welcome to apply for a study permit and won’t be punished for unpaid tuition during the application submission stage as long as they can show they have the necessary financial capacity to cover tuition and other costs when necessary.
Canada’s high standard of education and affordability, especially when compared to other well-liked international student destinations, make it a popular choice for international students. Also, Canada offers post-graduation prospects for accessible employment and immigration.
The amount of study permits issued by Immigration Refugees and Citizenship Canada (IRCC) has increased a great deal in recent years. In 2022, Canada welcomed a record breaking 551,405 international students from 184 countries. As of the end of 2022, there were 807,750 international students holding valid study permits in Canada.
Applying for a study permit
As soon as a Designated Learning Institute (DLI) sends you a letter of acceptance, you should apply right away for a study visa.
Once they get a letter of admission, an international student must: In order to be qualified for a study permit, they must:
- Provide proof of having enough money to pay for the first year of tuition, living costs, and return travel to his or her place of origin.
- Obtain a Certificat d’acceptation du Quebec (Quebec Acceptance Certificate, or CAQ) if he or she wishes to study in Quebec
- Have a clean record. Applicants with a criminal background may be refused. IRCC may request an applicant to supply a police clearance certificate
- Be in good health. IRCC may request an applicant to complete a medical examination; and,
- Ensure the immigration official that you will depart Canada at the conclusion of the study permit-authorized stay.
Prepare a strong study permit application
If immigration officers do not think the applicant will adhere to the conditions of their stay as a student, they have the authority to accept or reject study visa applications.
Officers should be persuaded that your visit is indeed intended for academic purposes. 77% of study permit denials between 2019 and 2021 were the result of the IRCC not being convinced that the applicant’s visit was for academic purposes.
Another common justification for rejecting study permit applications is that you must make it obvious that you will depart at the conclusion of your permitted stay.
To improve the likelihood of approval, the following suggestions are made:
- Providing a clear, logical progression in studies from previous education to Canadian education;
- Show proof of finances through proper documentation;
- Explain gaps in your studies;
- Make evident your intention to leave Canada after you have completed your studies;
- Include any other documentation that would convince the officer reviewing the applicant of your eligibility.
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