Recently, there has been a lot of debate on social media and the internet about whether a foreign national can study in Canada without a study permit if they hold a valid work permit. As with everything related to Immigration, the answer is much more nuanced than a simple “Yes” or “No”. Let’s discuss the topic a bit more in detail:
General Provision for Studying without a Study Permit in Canada as a Worker or a Visitor
As per the section 188(1)(c) regulations, a Foreign National can study without a study permit if the following applies:
- Your program of study is less than six months in duration;
- You complete this program of study within the duration of your stay authorized upon entry into Canada
Simple? Not really.
So as a visitor, some foreign nationals get a six-month stay in Canada and therefore, per the regulations, they must complete their program of study within that time frame. This means, that if they extend their status as a visitor, and they are studying even at that time, they are in violation of the conditions of their stay, and therefore are studying without authorization.
See Zhang for more details on it. See this another case where something similar transpired and the court held that the Foreign National was studying without proper authorization.
Is there a public policy currently in effect for those who hold a valid work permit to study without a study permit in Canada?
Yes, but, this is for those who applied for a work permit or had a valid work permit before June 7 2023. What is meant by that is that if you applied for a work permit after June 7 2023 and received approval and you are currently in Canada, as per the public policy you cannot study in Canada without a study permit. More information regarding the Public Policy can be found here and here.
Conclusion and Recommendations for Those Wanting to Study in Canada without a Study Permit
My recommendation with all things Immigration is to err on the side of caution. I recommend applying forand obtaining a study permit if you are even a little bit in doubt because, at the end of the day, you as a Foreign National may be removed from Canada if found to have been engaged in study without proper authorization.
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