International students who have had their Canadian study permit applications rejected could soon benefit from a new initiative. Canada introduces a pilot project to expedite rejected study permits. The project is set to begin on October 1.

Instead of the current 14–18 month process, those requesting leave and judicial review of their denied study visa applications may be able to finish the process in less than five months thanks to the Pilot Project.

The procedure by which an individual requests permission from the Federal Court of Canada to contest an immigration decision is known as an application for leave and judicial review.

A court first decides whether to give leave, or permission, to continue with judicial review, in accordance with normal processes. The judicial review is then heard and assessed on its merits if leave is granted. The new Study Permit Pilot Project will evaluate the leave request and the judicial review at the same time.

There is no extra fee to participate in the project, although the filing fee for leave and judicial review remains $50.

Eligibility Criteria for Canada’s New Study Permit Pilot Project

If a student applies for a study permit and gets a rejection letter from Immigration, Refugees and Citizenship Canada (IRCC), they might be eligible for the Study Permit Pilot Project. Among the prerequisites for eligibility are:

  • The decision to participate in the pilot project must be made by the IRCC and the applicant, or potential student.
  • The facts stated in the application documents submitted to the IRCC, along with the full justification for the IRCC’s ruling, must be agreed upon by both parties.
  • The case should not entail any complicated issues like inadmissibility, national security concerns, or requests for a certified question. It should be straightforward, regardless of whether it covers the original study permit application, the IRCC refusal, or both.
  • The requester must submit the Leave Application within the allotted time frame without asking for an extension.
  • Under this pilot, affidavit testimony that presents new information is not permitted.

Within 15 days of receiving a rejection, Canadian candidates for study permits may reapply for this initiative. After being refused, applicants from outside of Canada have sixty days to reapply.

Ways to Apply for Canada’s Study Permit Pilot Project

Every document needs to be filed electronically via the court’s electronic filing system. In order to be considered for the pilot project, candidates must submit an Application for Leave and Judicial Review on Form IR-1. The application must include three separate sections mentioning the pilot project. A judge will assess the application after the paperwork is filed, then notify the applicant of the outcome.

Reasons Behind the Federal Court and IRCC’s New Measures

The Canadian Federal Court cited the increase in leave and judicial review requests as the main driver behind starting their cooperative pilot initiative with IRCC in a press release.

By the end of December, 24,000 immigration files are anticipated to reach the Federal Court, roughly four times the yearly average seen in the five years previous to the COVID-19 outbreak.

In addition, a number of new regulations pertaining to the entrance of foreign graduates and students in 2024 have been put into place by Canada’s immigration department. This action is to decrease the number of temporary residents, such as those in Canada on study, work, or visitor visas, in order to solve issues with affordability and housing shortages.

The first-ever cap on overseas students was imposed by the IRCC in January, setting a 485,000 maximum for new study permits issued by the end of 2024. This policy, which was first meant to be a temporary remedy, primarily affects undergraduate and college students; master’s and PhD students are exempt. Based on this new cap, the federal government also assigned each province and territory government a certain number of overseas students.

Immigration Minister Marc Miller updated policies recently. At a news conference on September 18, he reaffirmed his support for the cap on foreign enrollment and proposed a number of new measures, such as: 

  • A 10% reduction in the target for new study permits for 2024, bringing the total to 437,000 for 2025.
  • Incorporating master’s and PhD students into the updated targets.
  • Implementing a language requirement for Post-Graduation Work Permits (PGWPs) for international graduates, depending on their level of education.
  • Restricting PGWP eligibility for college students to those in programs linked to high-demand labor sectors.
  • Limiting Spousal Open Work Permits (SOWPs) for spouses of master’s students based on the duration of their academic programs.