30 Sep 2024

Canada Launches New Pilot Project to Speed Up Review of Rejected Study Permits

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If your Canadian study permit has been rejected, there’s good news. Canada has introduced a new pilot project to speed up the process for reviewing rejected study permit applications. The Study Permit Pilot Project, starting on October 1, aims to make it easier and faster for applicants to request judicial reviews of their rejections.

What is the Study Permit Pilot Project?

The new project allows applicants who have had their study permit refused to have their requests for leave and judicial review completed in less than five months. Normally, this process can take 14 to 18 months. A judicial review is when a person asks the Federal Court of Canada to reconsider a decision made by immigration authorities.

In the usual process, a judge first decides whether to grant permission (leave) to continue with the review. If granted, the case is reviewed on its merits. With the new pilot project, both steps will happen at the same time, making the process faster. The cost remains the same at $50, and there is no extra fee to join the pilot project.

Who Can Participate?

You may be eligible for the Study Permit Pilot Project if:

  • You applied for a study permit and received a refusal letter from Immigration, Refugees and Citizenship Canada (IRCC).
  • Both you (the applicant) and IRCC agree to join the pilot project.
  • Both sides agree on the facts of the case, as shown in the original study permit application and IRCC’s refusal letter.
  • The case is simple, meaning there are no complex legal issues like inadmissibility or national security concerns.
  • You file your application on time without needing an extension.
  • You don’t need to submit any new evidence (affidavits are not allowed under this project).

If you’re in Canada, you have 15 days from the date of your refusal to apply for the project. If you’re outside Canada, you have 60 days to apply.

How to Apply

To participate in the pilot project, you need to file your application online using the court’s electronic system. You’ll fill out Form IR-1 for Leave and Judicial Review and mention the pilot project in three specific parts of the application. A judge will then review your case and let you know the outcome.

Why the Pilot Project Was Introduced

The Federal Court and IRCC started this project due to the rising number of judicial review requests. The court expects to handle 24,000 immigration cases by the end of this year, a figure that is four times higher than before the COVID-19 pandemic.

Recent Changes to Canada’s International Student Policies

Canada has made several changes in 2024 to manage the number of international students. Due to rising concerns about housing shortages and affordability, the government has been working to limit the number of temporary residents, including international students.

In January, IRCC introduced the first-ever cap on study permits, limiting new permits to 485,000 in 2024. This cap mainly affects undergraduate and college students, while master’s and PhD students were initially exempt. However, the government has since adjusted the policy, and new measures include:

  • Lowering the target for new study permits by 10%, from 485,000 in 2024 to 437,000 in 2025.
  • Including master’s and PhD students in the updated cap.
  • Adding a language requirement for international graduates seeking Post-Graduation Work Permits (PGWPs).
  • Restricting PGWPs for college students to programs linked to high-demand job sectors.
  • Limiting the eligibility of Spousal Open Work Permits (SOWPs) for spouses of master’s students, depending on the length of the education program.

These changes reflect Canada’s efforts to balance the needs of international students with the challenges posed by the housing crisis and immigration numbers.

Final Thoughts

The Study Permit Pilot Project offers a faster route for international students to challenge their study permit refusals. With streamlined processing times and no additional costs, this new initiative could be beneficial for those hoping to study in Canada. As immigration policies continue to evolve, staying informed about these updates is key for international students and their future in Canada.

 

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