The immigration department does not want student aged young people to be able to gain entry to Canada on a study permit and work in Canada unless they are actually studying as intended in their study visa application.

Study permit holders must be enrolled in studies and “actively pursue” their course or program of study.  Employment is permitted on a full time basis during the normal school break, not during studies. During studies, only a maximum of 20 hours per week is permitted.  Some co-op programs allow for full time employment while in a normal study session, but this must be indicated on your study permit.  This can only be indicated on your work permit if you apply to amend your study permit to reflect the co-op nature of your studies.

Study permits may have a long duration, longer than the course of study.  However, once you have graduated, the study permit is no longer valid 90 days after meeting the requirements for graduation, despite the date that is written on the study permit.

The ability to work after graduation is possible, despite not having the Post-Graduation Work Permit  if the study permit holder applies for the Post Graduation work permit in a timely way after meeting the requirements for graduation from the appropriate school.

A gap in studies may trigger a query on the part of the immigration department.  The immigration department may have concerns whether you are ‘actively pursuing’ studies, perhaps in the context of a study visa renewal.  In such a situation, an immigration officer may want to know  what your study history in Canada has consisted of, and the length of the gap in the study.  Arguably, you marks achieved may be requested.  Reasons for the gap in studies would be required, as well as what your end goals as a student in Canada may consist of.

If seeking some clarification on maintaining your status as a student, contact Chaudhary Law Office.

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