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PILOT PROJECT - FOR REJECTED STUDY PERMITS

Immigration law

03 Oct

Canada’s Federal Court has introduced the Study Permit Pilot Project, aimed at simplifying the process for seeking a judicial review of rejected study permit applications. This project began on October 1.

In their press release, the Canadian Federal Court said that a rise in leave and judicial review requests was a main reason for starting their joint pilot with IRCC.

Individuals who have had their Canadian study permit denied will soon benefit from a new pilot initiative because who doesn’t love a second chance, especially when it comes with a side of Tim Hortons Coffee!!!

Study permit applicants in Canada have 15 days from the date they receive a refusal to apply under this new initiative. Those applying from outside Canada have 60 days from their refusal date to submit their application.

Students may qualify for the Study Permit Pilot Project if they applied for a study permit and received a refusal letter from Immigration, Refugees and Citizenship Canada (IRCC). Both the prospective student (the applicant) and IRCC participating in the pilot project. Additional criteria consist of:

  • The details of the case-whether it's the original study permit application, the refusal from IRCC, or both, must be clear and simple (for example, no serious issues like inadmissibility or national security concerns, and no requests for special questions).
  • Both parties must agree on the key facts, as shown by the application materials submitted to IRCC by the applicant, including the complete reasons for the IRCC decision.
  • The parties cannot use affidavit evidence (affidavits are meant to present new evidence, which is not allowed in this new pilot project).
  • The applicant does not need to ask for extra time to submit the Application for Leave.

In 2024, Canada has introduced a wave of new policies regarding the admission of international students and graduates, as the immigration department aims to tackle affordability and housing challenges by limiting the number of temporary residents (such as those on study or work permits or visitor visas) already in the country.

The Federal Court is on track to receive 24,000 immigration filings by the end of December, about four times the annual average from the five years before the COVID-19 pandemic. WOW……At this rate, they might as well start issuing frequent filer cards!

In January, IRCC announced its first-ever limit on international students, capping the number of new studies permits at 485,000 for 2024. Initially a temporary measure, this policy mainly affects undergraduate and college students, while master’s and PhD students are exempt.

The federal government then allocated international student quotas to each provincial and territorial government based on this new cap because nothing says "teamwork" like dividing up a limited supply of students as if it’s a pizza at a party.




In a recent update on these policies, Immigration Minister Marc Miller held a press conference on September 18, reaffirming his commitment to the international student cap and announcing a few more measures. These include:

  • Adding a language requirement for international graduates when issuing Post-Graduation Work Permits (PGWPs), depending on their level of study.
  • Restricting eligibility for Spousal Open Work Permits (SOWPs) for the spouses of master’s students based on how long the education program lasts.
  • Limiting eligibility for Post-Graduation Work Permits (PGWPs) for college students to those in programs related to high-demand job areas. Because it turns out that “Underwater Basket Weaving” isn’t exactly what employers are looking for these days.
  • Cutting the targets for newly issued study permits by 10% starting in 2024, bringing the total to 437,000 new study permits in 2025.

Additionally, the revised targets will now encompass master’s and PhD students, recognizing the important contributions these graduate-level scholars make to the academic and research landscape. By including these students, the policy aims to ensure a more balanced approach to international education, supporting a diverse range of educational experiences while addressing the evolving needs of Canada’s labor market.


We at RRM Law can assist you based on your situation and goals, whether you want to study or work in Canada, change your study permit, transition to permanent resident status, or bring your family to Canada.