Canada: Federal Court Rules That Students Don’t Have to Pre-Pay Tuition Fees to Apply for a Study Permit

Students to Canadian higher education institutions don’t have to pay their full or partial tuition fees in order to be eligible for applying for a study permit, the Federal Court has ruled.

According to the CIC News, the Federal Court decided in the favour of Tehrani in the case against Canada (Citizenship and Immigration), further strengthening the country’s rank among top destinations for international students, VisaGuide.World reports.

Tehrani, a citizen of Iran, had applied for a study permit following his acceptance to a program for Project Management at a Toronto college. However, his study permit application received a negative response as the immigration officer saw it unreasonable to approve the application since the student would leave Canada when his residence permit expires.

The decision was determined based on the student’s marital status, family ties and that he had paid his tuition partially in order to hold his place at the program.

Regarding the issue of tuition payment, the court explained that an applicant only needs to prove they have accepted into a study program and that they don’t have to prove payment of full or partial tuition was paid but the Immigration and Refugee Protection Regulations (IRPR) points out that applicants have to prove they have the financial means to pay the tuition and other expenses.

In general, the court ruled that the payment of the tuition wasn’t related to whether Tehrani would leave the country at the end of his stay and the officer’s decision lacked justification and didn’t comply with the evidence the student provided.

The ruling takes off a barrier for international students looking to pick Canada as their study destination and who aren’t able to pay fully or partially their university tuition at the time they apply for the study permit.

Data shows that there are 388,782 international students attaining higher education in Canada, with 39.4 percent of those or 153,360 being enrolled in colleges and the remaining (60.5 percent) in universities.

The number of international students to Canada has been on the rise in the last five years, as it rose from 228,924 to 388,782 – recording a 69.8 percent increase. Indians represent the top nationality of international students in Canada with a total of 180,275 students and the main program among students are the BHASE subjects such as business, humanities, health and arts, with a total of 240,711 students while STEM (Science, Technology, Engineering and Math programs), have a total of 134,664 students.

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