
Navigating your path to Canada with Encubate's FAQs
Our FAQs
Welcome to Encubate's FAQ page, your comprehensive guide to navigating the intricacies of Canadian immigration. Here, we address common questions and concerns faced by individuals, families, and businesses seeking to make Canada their new home or explore various opportunities in the country. Our team of experienced immigration consultants has curated this resource to provide clarity and guidance throughout your immigration journey. Whether you're a prospective student, skilled professional, business investor, or family sponsor, our FAQs cover a wide range of topics to help you better understand the immigration process, requirements, and options available to you. Explore our FAQ categories below to find answers to your specific questions, and feel free to reach out to us if you need further assistance.
- 01
1. How do Canadian visa officers decide whether to approve a study permit?
Visa officers assess applications based on the balance of probabilities under the Immigration and Refugee Protection Act (IRPA). This means they decide whether, based on the documents provided, it is more likely than not that the applicant meets all eligibility and admissibility requirements. Since officers do not conduct interviews, decisions are made entirely from the documents in the file.
2. What laws and regulations guide the decision process?
The main provisions are:
IRPA sections 11(1) and 20(1)(b) – outlining who may become a temporary resident.
IRPR sections 216(1) and 220.1 – setting requirements for study permits, including genuine intent and financial sufficiency.
3. What financial documents are required?
Applicants must show consistent and sustainable financial support. This includes:
Regular monthly income or business revenue.
Savings accumulated gradually, not sudden large deposits.
Bank statements from personal or immediate family accounts (spouse or parents). Borrowed funds, company accounts, or investment accounts without liquidity are not acceptable.
4. What are “genuine savings” in the officer’s view?
Funds should be traceable and clearly belong to the applicant or their direct family. Officers look for steady financial activity over time. Unexplained lump-sum deposits or shared business accounts often lead to refusal under “insufficient proof of funds.”
5. What are “ties to home country,” and why are they important?
Officers evaluate your reasons and obligations to return home after studying. This includes:
Stable employment or career prospects.
Property, business ownership, or financial responsibilities.
Family members who depend on you. The stronger your roots in your home country, the lower the risk of overstay.
6. Do family ties affect a study permit decision?
Yes. Having immediate family members (parents, siblings, spouse, children) living and established in your home country supports your intent to return. A lack of family connections or most relatives living in Canada can raise concerns about overstaying.
7. How does “purpose of travel” impact approval?
Your chosen program must align logically with your education, career, and future goals. Officers ask:
Why Canada?
Why this specific program and institution?
How does it relate to your current or future career? Unrelated programs or sudden career shifts without explanation can lead to refusal.
8. What is “return on investment,” and why does it matter?
Officers consider whether studying in Canada is a reasonable investment for your situation. The program should offer clear professional or financial benefits in your home country. If it does not add measurable value to your career, it may appear as a pretext to enter Canada.
9. Can I mention my goal of staying in Canada permanently?
No. Under IRPR 216(1)(b), you must prove your intent to leave Canada after your studies. Stating plans to apply for permanent residence or work in Canada after graduation can harm your application. The focus should remain on your studies and your return plan.
10. Can I rely on working part-time in Canada to cover my expenses?
No. Officers expect applicants to be financially self-sufficient before arrival. You must show the ability to pay for tuition and living expenses for the entire duration of your studies through funds from outside Canada, not from potential part-time work.
11. How do previous visa refusals affect a new application?
All past visa refusals from any country must be disclosed under IRPR 221 and IRPA 11(1). Omitting this information may be treated as misrepresentation under IRPA 40(1)(a). Multiple refusals can raise concerns about your travel history or credibility.
12. What is considered “misrepresentation”?
Misrepresentation includes any false or omitted information that could affect the decision. This can include failing to mention prior visa refusals, employment gaps, or academic failures. Misrepresentation can lead to refusal and a five-year ban from reapplying.
13. What are “gaps in personal history,” and why are they a problem?
Officers review your last 10 years chronologically. Any unexplained period of unemployment, unrecorded study, or unaccounted travel may raise credibility issues. Each gap should be addressed with an explanation or supporting documents.
14. What does “flight risk” mean in visa processing?
Flight risk refers to the likelihood that a person will not comply with the conditions of their permit or may remain in Canada illegally. Factors that increase this risk include weak financials, unstable employment, or having most family members already in Canada.
15. How are medical issues assessed?
Under IRPA 38, applicants must not pose a danger to public health or cause excessive demand on healthcare or social services. Chronic conditions should be documented with medical reports. Dependents with special needs may also require additional assessment.
16. How does security screening work?
Security and criminal background checks are completed under IRPA 34–37. You must provide police certificates for any country where you lived for six months or more in the past ten years. Any history of arrest, even without conviction, must be disclosed.
17. What is “guilt by association”?
Under IRPA 34(1)(f), affiliation with organizations involved in violence, discrimination, or hate can make an applicant inadmissible, even without personal wrongdoing. Officers review memberships, donations, or affiliations to assess this risk.
18. Why is military or government service reviewed closely?
Applicants who held military or government positions may be reviewed under IRPA 35(1) to ensure they were not part of any organization involved in human rights violations. Applicants should fully disclose their duties and provide clear evidence of lawful conduct.
19. What is the most common reason for refusal?
The most common reasons are insufficient proof of financial capacity, weak ties to the home country, and lack of a clear study purpose. These often result from incomplete or inconsistent documentation rather than the applicant’s actual ineligibility.
20. What is the best way to improve the chances of approval?
Ensure your application tells a consistent and credible story. Every document should support your intent, your financial ability, and your future plans. Quality and relevance of evidence are more important than the number of documents submitted.
- 02
Most international students applying for a study permit must now include a Provincial Attestation Letter (PAL) or Territorial Attestation Letter (TAL). However, some students are exempt.
You do not need a PAL/TAL if:
You’re a preschool, primary, or high school student (kindergarten to grade 12).
You’re accepted to a school in Quebec for vocational training that leads to a:
Diploma of Vocational Studies (DVS)
Attestation of Vocational Specialization (AVS)
Skills Training Certificate (STC)
You’re studying at a federally designated military college.
You’re part of the Francophone Minority Communities Student Pilot (FMCSP) and your acceptance letter shows you are applying under this pilot.
You’re an exchange student who won’t be paying tuition to your Canadian school.
You’ve received a scholarship from Global Affairs Canada.
You’re already in Canada and applying to extend your study permit at the same school and the same level of study.
You’re a protected person, hold a Temporary Resident Permit valid for at least 6 months, or are under a removal order but cannot be removed at this time.
You’re applying for permanent residence based on humanitarian and compassionate grounds, a public policy, or as a spouse/common-law partner in Canada.
You’re covered by a special public policy (for example, to support people affected by a crisis or to reunite Indigenous families separated by the border).
Important: If you don’t fall under one of these exemptions, you must provide a valid PAL/TAL with your study permit application.
For a detailed list of PAL exemptions, check IRCC's website using this link.
- 03
A new PAL is not always required.
If the application is returned (not refused), IRCC treats it as if it was never submitted. The PAL is not automatically cancelled and can still be reused, as long as it is valid.
If the program start date is deferred, the school must issue an updated LOA with the new start date. IRCC requires that applicants keep their study permit application up to date with the correct LOA.
A new PAL is required only if:
The original PAL has expired or is tied to a past intake,
The deferral moves the student into a new allocation year, or
The student changes schools or study levels.
Summary:
Same LOA start date + valid PAL → Student can reuse the PAL.
Deferred LOA with same school and level → Student must submit the updated LOA; PAL can usually still be reused if it is valid and in the same allocation year.
Expired PAL, new allocation year, or change of school/level → New PAL required.
- 04
If you applied to extend your study permit before it expired, you would normally have maintained status, which lets you stay in Canada legally until IRCC makes a decision. However, IRCC requires your school (DLI) to verify your LOA within their system. If the school does not complete this verification, IRCC will return your application and refund your fee.
When an application is returned, IRCC treats it as if it was never properly submitted. This means your maintained status does not continue past the date your study permit expired. Your legal status ends on the day your permit expires, not on the day IRCC returns your application.
What you can do next depends on how much time has passed since your permit expired:
If it has been less than 90 days since expiry – You can apply to restore your status by submitting a new study permit application with the correct documents and paying a restoration fee.
If it has been more than 90 days since expiry – You cannot restore your status. You will need to leave Canada and apply for a new study permit from outside the country.
Even if the issue happened because of the school, IRCC will apply the rules in the same way.
- 05
If you are currently in Canada as a visitor and wish to study, you may apply to change your status to that of a student. To do so, you must submit an application for a study permit from within Canada (apply for initial study permit) before your visitor status expires.
The student must complete a language pathway program (ESL for example) first in order to meet the conditions of admission at a college or university. Here is what needs to take place.
The student must apply for a college/university and receive a Conditional Letter of Acceptance (CLOA).
The CLOA must mention a Pathway Program prerequisite (ESL for example) to be completed at a language school and also mention a level of ESL to be met.
The student must complete the ESL Pathway program at the language school and reach the required level of ESL.
The student must obtain a certificate/transcript from the language school confirming that the required level of ESL has been met.
The student must obtain from the college/university an Unconditional Letter of Acceptance (ULOA).
The student must obtain a Provincial Attestation Letter (PAL) from the college/university. If the student is attending a college/university in Quebec, the student must obtain a Certificat d'Acceptation du Québec (CAQ) from government of Quebec.
The student must submit an application for an initial study permit from inside Canada using the college/university ULOA and PAL (CAQ if studying in Quebec). Processing time for the study permit is around 8-12 weeks.
The student can start studying for the college/university program on "Maintained Status" while the study permit application is being processed. The student cannot work off campus until the study permit is approved and the college/university program starts.
- 06
For programs that are longer than six months, a Study Permit is required. Similarly, for those studying in Quebec, a CAQ is necessary for programs exceeding six months. However, a Study Permit or CAQ is not mandatory for programs lasting six months or less. In such cases, students can apply for an eTA/TRV, allowing them to study as visitors without a study permit for up to six months. While it's possible to apply for a study permit for a program of six months or less, approval chances are lower compared to longer programs. Students adamant about applying for a study permit for a 24-week program should consider extending the program duration to 26+ weeks to enhance the approval likelihood.
- 07
- 08
No. If you are physically in Canada, studying online is treated the same as studying in person. Immigration, Refugees and Citizenship Canada (IRCC) applies the same study restrictions regardless of whether the program is delivered in a classroom or online.
Visitors are only allowed to study for a maximum of six months in total without a study permit, as stated under section 188(1)(c) of the Immigration and Refugee Protection Regulations (IRPR). After this period, you cannot continue studying, including online, unless you first obtain a valid study permit.
If you already hold a study permit, you must remain enrolled and actively studying at a Designated Learning Institution (DLI) to maintain your status. Studying online while in Canada does not change this requirement. If you are on an authorized leave, you can only be away from your studies for up to 150 days, as set out in IRCC policy.
In summary, online study is not an alternative to extend your stay or exceed your authorized study period in Canada. To continue studying after reaching your current limit, you must apply for and receive a new study permit before resuming your studies.
References:
IRPR, section 188(1)(c) – Study without a permit (six-month rule)
IRPR, section 220.1 – Actively pursuing studies requirement
IRCC Policy: “Your conditions as a study permit holder in Canada” and “Eligibility to study without a study permit”
- 09
As a visitor in Canada, you may study without a study permit for up to six months, which equals 180 calendar days. IRCC calculates study duration in months, not weeks.
When you enter Canada, you are normally authorized to remain for 180 days from the date of entry, and this period includes any time spent in Canada before your program begins. The six-month study allowance cannot exceed the validity of your visitor status.
Example: If you enter Canada on January 1, 2025, your authorized stay ends on June 30, 2025. If you begin your studies on February 1, 2025, you must stop studying and leave Canada (or extend your status) by June 30, 2025.
If you want to complete the full 180 days of study, you must either:
Leave Canada and re-enter, receiving a new 180-day visitor period, or
Apply for a Visitor Record (VR) on or before June 30, 2025 to extend your stay from inside Canada.
If you extend your status or re-enter Canada and receive an additional 180-day visitor period, you may use the remaining unused portion of your study allowance.
In the example above, because you began studying one month after you arrived, you still have one month of unused study time, which can be used after the extension.
So, if you extend your visitor status by June 30, 2025, the remaining 30 days of unused study time would allow you to study until July 30, 2025.
Key Points:
Maximum study time without a study permit: 180 days total, whether consecutive or split.
Time spent in Canada before starting studies reduces the available study period.
Extending your stay gives you more time in Canada but does not increase the 180-day study limit.
Regulatory Reference:
IRPR 188(1)(c): Visitors may study without a study permit for a course of six months or less.
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