October 2nd, 2024 at 05:10 am

Rejected Canadian Study Permit: Fast Track Canada’s New Pilot Program

For overseas students who are keen to continue their education in Canada, navigating the application process for a study permit can be a difficult task. For a variety of reasons, many applicants are rejected, which leaves them unsure of what else to do. However, Canada is launching a new pilot program on October 1st that aims to expedite the review procedure for study permits that are denied.

This site seeks to give students a quicker and more effective approach to dealing with application problems, ultimately assisting them in achieving their academic objectives in one of the friendliest nations on earth. We’ll go over how this new pilot program operates and what you can do to take advantage of it in this tutorial.

Introduction

A new pilot scheme may soon help those whose study permission for Canada was denied. To expedite the process of seeking judicial review of study permit applications that have been denied, Canada’s Federal Court has established the Study Permit Pilot Project. On October 1, it debuts.

Instead of the current processing time of 14–18 months, under the Pilot, people who request leave and judicial review of their study permit refusals may be able to finish the entire process in less than five months. A person can appeal an immigration decision by requesting leave and judicial review, which is a procedure that the Federal Court of Canada grants.

Ordinarily, a judge makes the initial decision about whether to give an applicant permission to move forward with judicial review. The judicial review case is heard and evaluated on its merits if this leave is granted. The new Study Permit Pilot Project will assess leave petitions concurrently with court review.

There is no additional expense for opting into the project, although filing for leave and court review costs $50.

Who is Eligible?

If students filed for a study permit and received a letter from Immigration, Refugees, and Citizenship Canada (IRCC) denying them, they might be eligible for the Study Permit Pilot Project. Additional requirements consist of:

• The applicant, who is a potential student, and IRCC both choose to participate in the trial study.
• Both parties concurred on the fundamental facts, as shown by the application documents the applicant filed with the IRCC, which included the complete justification for the IRCC’s ruling.
• The case’s facts and issues are clear-cut (i.e., there are no factual or legal questions of inadmissibility or national security, and there is no request for a certified question). This applies to either the initial study visa application, the IRCC’s refusal, or both.
• The applicant does not have to ask for an extension of time to submit the leave application.
• The parties refrained from introducing affidavit evidence, as this new pilot project prohibits the introduction of new evidence through affidavits.

Applicants for study permit from within Canada have 15 days to reapply under this new initiative after receiving a rejection letter for their application. Those from outside Canada who are applying have sixty days from the date they get the rejection of their study permit application to reapply.

How to Apply

The court’s electronic filing system must be used to electronically file all papers. To participate in the Pilot Project, candidates must submit an application for Leave and Judicial Review on Form IR-1, mentioning it in three different places. Further information is available here.

A court will consider the application and notify the applicant following the filing of documents.

Why are these actions being taken by the IRCC and the Federal Court?

The Canadian Federal Court began its joint pilot with IRCC in part due to a rise in leave and judicial review requests, the court stated in a press release. By the end of December, the Federal Court should receive 24,000 immigration filings. That (number) is roughly four times the average annual growth rate that the Court saw in the five years leading up to the COVID-19 outbreak.

The immigration department of Canada is attempting to reduce the number of temporary residents (those with study, work, or visitor visas) already in the country to address pressures on housing stock and affordability. This has resulted in a wave of new policies surrounding the country’s admission of new international students and graduates in 2024.

The first-ever cap on overseas students was established in January by the IRCC, which set a 485,000 maximum for newly issued study visas in 2024. This was once a temporary policy that affected most college and undergraduate students, with master’s and PhD students being excluded. Based on this new cap, the federal government then distributed funding for international students to each province and territory government.

In a recent update to this policy, Immigration Minister Marc Miller gave a press conference on September 18th, restating his commitment to the international student cap and outlining many additional measures, including:

• Lowering the goals for newly issued study licenses from 2024 to 2025, with a reduction of 10% to 437,000 new study permits
• Adding PhD and master’s students to the updated goals
• Based on their degree of study, adding a language eligibility requirement to the Post-Graduation Work Permits (PGWPs) granted to foreign graduates
• Restricting college students’ PGWP eligibility to those enrolled in programs related to high-demand industries
• Limiting master’s student spouses’ eligibility for Spousal Open Work Permits (SOWPs) according to the duration of their educational program.

Conclusion

A Beacon of Hope for overseas students who are denied study permits is provided by Canada’s new pilot initiative. This program gives students a clearer path to obtaining their study permits by speeding up the review process, which also helps to reduce some of the stress related to the application process.

Keep yourself updated on this program as you get ready to start your academic experience in Canada, and make use of the materials offered to help you submit a strong application. Your ambition of studying in Canada is attainable if you put in the necessary effort and get the assistance you need.