Dear Miss.
Powell:
I am an
international student who started studying in Canada two years ago and I’m
having a difficult time with finances as my mother died in November. Just dealing with the funeral and all the
stress has taken a toll on me. To make it worst, I couldn’t find the school fee
for January and so I applied to take some time off school. I am thinking that I will work full time and
save some money so that I can go back to school in September and just get my
head together. Do I need to apply to the
government for this leave as well? What application should I submit? Thanks for your help.
AA
Dear
AA,
I
am sorry to hear of the loss of your mother and that you are having a difficult
time in Canada. Have you spoken to the counselors at the school? Most schools have guidance counselors who can
assist you with emotional and assist you with getting medical support. They may even have information about grants
for international students.
Study Permit
Conditions
While
I understand your situation, you should know that when you are granted a study
permit there are certain conditions that you must meet during the period of
time you are granted a study permit.
One of the conditions is that you
must be ready and able to show that you are actively pursuing your studies
during the time that you are granted a study permit. This means that you will need to be enrolled in
full-time or part-time studies during the school term, based on the original
terms of your permit. Another condition
is that you are required to maintain good grades and able to prove that you are
advancing in your studies. These are
just some of the main conditions of your study permit. Other conditions are stated on the permit
itself or can be found on the government’s website.
IRCC
can randomly check or if they have proof that you are not meeting the required
conditions at any time. They could ask
you for official proof from your school of the status of your enrollment. In your case, they could ask the reason for your
leave of absence, the exact date you stopped, copies of your transcripts,
medical report, copy of your mother’s death certificate and references, to name
a few examples.
If you fail to adhere to the conditions, this could
negatively affect your status in Canada and any future application that you may
submit. In fact, if you are unable to satisfy
these conditions, then IRCC could revoke your study permit and ask you to
return to your home country.
If you are asked to return home, you may need to
wait a minimum of six months before you can apply for a new study permit, visitor
visa or work permit to Canada. You may
even need to apply for an authorization to return to Canada before you can
submit any other application to return to Canada.
In
your case you appear to have a valid reason to seek authorized leave from your
studies. Therefore, you may take a leave from your studies up to a maximum of 150 days or
approximately five months. You will not
be penalized if you take this time off. Also,
you are not required to notify IRCC if you are taking this time off, provided
that you have an official letter from your school authorizing the leave and you
do not exceed the 150 days.
However, you must note
that you are not permitted to work in Canada, on or off campus, during
an authorized leave from your study programme. That
does not prevent you from returning to your home country to work during that
time. I recommend
that you consult with a with an immigration lawyer to guide you further.
Deidre S.
Powell is a Lawyer, Mediator and Notary Public
who is a member of the Jamaican and Ontario, Canada bars, with office located
in Ottawa, Ontario. Her areas of practice are in Immigration, Commercial and
Administration of Estates. She is on the roster of Mediators for Ottawa,
Toronto and the Dispute Resolution Foundation of Jamaica. Email: info@deidrepowell.com. Subject line: Immigration Call 613.695.8777/ 876.922.4092
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