150 days rule

[Aliahmad27]

I had some queries about my NEW study permit which I have received about a week ago. I completed my Business Administration Diploma on December 7, 2020 at Okanagan College, Kelowna, British Columbia. Mid 2020, I applied for admissions to the University of Regina, Regina, Saskatchewan and received an admission to start at either January 2021, May 2021, or September 2021 for Bachelor of Business Administration. Please note, I intend to start in September since I have applied for transfer credits from Okanagan College which are yet to be processed.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html

I have certain queries under the points mentioned in the link provided above.

Under Point C. in the link above,

“A student should begin or resume their studies at their new institution within 150 days from the day that they ceased or completed their studies at the previous institution.”
My understanding was that the student can start on the date mentioned in their admission letter.
Under Point D. in the link above,

“For the purpose of assessing if a student is actively pursuing their studies, any leave taken from a program of studies in Canada should not exceed 150 days from the date the leave commenced and must be authorized by their DLI.

“A student on leave who begins or resumes their studies within 150 days from the date the leave commenced (that is, the date the leave was granted by the institution) is considered to be actively pursuing studies during their leave.”
My understanding is that since I haven't started any courses, I would be on a leave.

Additional Details: I applied for my study permit extension on Dec 8, 2020.

What can I do to avoid any issues? Please note that my offer letter from the University of Regina states that I can either start my program there either during the Winter 2021, Spring 2021 (May), or Fall 2021. Is there any way someone can advise on what I should do? Once again, please also note that I intend to start my program in Fall 2021.

 

[captainarabiia]

I had some queries about my NEW study permit which I have received about a week ago. I completed my Business Administration Diploma on December 7, 2020 at Okanagan College, Kelowna, British Columbia. Mid 2020, I applied for admissions to the University of Regina, Regina, Saskatchewan and received an admission to start at either January 2021, May 2021, or September 2021 for Bachelor of Business Administration. Please note, I intend to start in September since I have applied for transfer credits from Okanagan College which are yet to be processed.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html

I have certain queries under the points mentioned in the link provided above.

Under Point C. in the link above,

“A student should begin or resume their studies at their new institution within 150 days from the day that they ceased or completed their studies at the previous institution.”
My understanding was that the student can start on the date mentioned in their admission letter.
Under Point D. in the link above,

“For the purpose of assessing if a student is actively pursuing their studies, any leave taken from a program of studies in Canada should not exceed 150 days from the date the leave commenced and must be authorized by their DLI.

“A student on leave who begins or resumes their studies within 150 days from the date the leave commenced (that is, the date the leave was granted by the institution) is considered to be actively pursuing studies during their leave.”
My understanding is that since I haven't started any courses, I would be on a leave.

Additional Details: I applied for my study permit extension on Dec 8, 2020.

What can I do to avoid any issues? Please note that my offer letter from the University of Regina states that I can either start my program there either during the Winter 2021, Spring 2021 (May), or Fall 2021. Is there any way someone can advise on what I should do? Once again, please also note that I intend to start my program in Fall 2021.

Gaps which are not considered actively pursuing studies:

• Gaps beyond 150 days due to a strike or school closure
• Gaps beyond 150 days when deferring program start date after arrival in Canada
• Gaps beyond 150 days when switching programs at UBC (whether you completed a program or not)
• Gaps beyond 150 days when changing institutions (whether you completed a program or not)
• Gaps beyond 150 days for a UBC-approved leaves of absences (e.g. most graduate students, the Diploma in Accounting or Law)
• Any other gap not on the approved list above

It can lead to your SP becoming invalid if your leave is beyond 150 days.

https://students.ubc.ca/international-student-guide/immigration/taking-time-away-school-international

 

[captainarabiia]

Your options are to enrol within 150 days.
If not, you need to change your status to a visitor and re-apply when it's closer to enrolment.

 

[RZIND]

Hello,
I had arrived in Canada in Jan 2024, and changed my college, due to distance and accomodation. Instead of Jan, now, my class start date was April 2024, but they deferred me to the July 2024 intake. According to this, i will be exceeding 150 days without starting my studies. What are the consequences of breaking this law, and also some solutions.

 

[Naturgrl]

Hello,
I had arrived in Canada in Jan 2024, and changed my college, due to distance and accomodation. Instead of Jan, now, my class start date was April 2024, but they deferred me to the July 2024 intake. According to this, i will be exceeding 150 days without starting my studies. What are the consequences of breaking this law, and also some solutions.

So did you study for at least a semester for the school on your study permit before changing colleges. Or is it the same DLI and you just changed campuses. If not you cannot change DLIs, you need a new study permit. The school may have already notified IRCC to cancel your study permit. So the consequences are - your study permit may have already been cancelled and you have no status in Canada. You need a new study permit.

Assume you haven’t worked at all because you cannot work if not attending school. You cannot work.

 

[RZIND]

So did you study for at least a semester for the school on your study permit before changing colleges. Or is it the same DLI and you just changed campuses. If not you cannot change DLIs, you need a new study permit. The school may have already notified IRCC to cancel your study permit. So the consequences are - your study permit may have already been cancelled and you have no status in Canada. You need a new study permit.

Assume you haven’t worked at all because you cannot work if not attending school. You cannot work.

I had changed my institute and got admitted in for April 2024. I did not even had access to my own GC Key to update dli transfer status, and that is where, all of this defer problem started. I do not have any idea what to do now.

 

[Naturgrl]

I had changed my institute and got admitted in for April 2024. I did not even had access to my own GC Key to update dli transfer status, and that is where, all of this defer problem started. I do not have any idea what to do now.

So you changed DLIs without studying at the school on your permit. You need to apply for a new study permit. Your current permit may have already been cancelled because schools must inform IRCC. May want to find out because if so you are without status in Canada. If you have worked or working, stop now because you cannot.
Changing your school or program
Before you change your school or program, you must meet all the conditions of your study permit. This means you must be:

• enrolled at a designated learning institution (DLI) and
• actively studying while you’re in Canada

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/change-schools.html

 

[scylla]

I had changed my institute and got admitted in for April 2024. I did not even had access to my own GC Key to update dli transfer status, and that is where, all of this defer problem started. I do not have any idea what to do now.

You need to apply for a new study permit. You cannot change schools on your existing study permit. Make sure you are not working.

 

[RZIND]

No, i am not currently working. Can i not start my studies in July 2024, will that create a problem?

 

[scylla]

No, i am not currently working. Can i not start my studies in July 2024, will that create a problem?

No, not on your current study permit. Again, you need a new study permit. Yes, it will cause problems if you start your studies at your new school in July with your current study permit. Make sure you do not start working until you start your studies.

 

[Naturgrl]

No, i am not currently working. Can i not start my studies in July 2024, will that create a problem?

No. You don’t have a study permit for it. You need to meet new rules for funds and tuition payment.

 

[RZIND]

Thanks, i will apply for a new study permit, asap, but i also have some doubt about the 150 day rule, will i have some possible problems due to that specific rule?

 

[Naturgrl]

Thanks, i will apply for a new study permit, asap, but i also have some doubt about the 150 day rule, will i have some possible problems due to that specific rule?

150 day rule doesn’t apply because you must apply for new study permit, and you are not an active student that is even studying. May want to change status to visitor since you are not a student.

 

[RZIND]

I do not wish to change status, can i safely and successfully apply for a new study permit now.

 

[Naturgrl]

I do not wish to change status, can i safely and successfully apply for a new study permit now.

Is it a Masters program? Is it a public DLI? If not, you need a provincial letter of attestation first. Provinces have until March 31 to post process and fees. Provinces are capped at the number of international students. So you need provincial approval and may not be approved. Then you pay first year tuition and show minimum of $21k. So you cannot apply for a study permit yet. You may not even get approval by July.

You cannot have student status if not a student. You have really complicated yourself by not just studying at the school on your permit for at least a semester.