Dear Mr Brown:

I just finished most of a diploma programme at a college in Toronto and I would like to renew my study permit because I failed a course. Can I renew the study permit in Canada or do I have to return to Jamaica?

– FC

Dear FC:

One can renew a study permit in Jamaica, in a similar manner as applying for the initial study permit. Please be advised that you may also extend your study permit in Canada. An international student who applies to extend his status before that status expires can legally remain in Canada until a decision is made on the application. In this situation, the student has implied status.

Study permit renewal conditions

In order to renew the study permit, the following conditions must be met:

* The renewal application was made before the expiry of the current study permit;

* All conditions imposed on entry into Canada are complied with;

* The foreign national is in good standing at the educational institution; and

* The foreign national is in compliance with the eligibility criteria for a study permit.

Due to the processing renewal time, one is allowed to continue studying in Canada with an expired study permit if the following conditions are met:

* The renewal application was made before the expiry of the current study permit;

* The foreign national has remained in Canada since the expiry of the study permit; and

* The foreign national continues to comply with the conditions, other than the expiry date, set out in the expired study permit.

In other words, there is an implied status and right to study under the same condition as long as one remains in Canada. The original study permit continues to be valid until a decision is made and one is notified.

Study permit vs visa

You did not mention the status of your temporary resident visa. A temporary resident visa is a document issued by a visa office abroad that is placed in a person’s passport to show that he or she has met the requirements for admission to Canada as a temporary resident (a visitor, student or worker).

A study permit is a document issued by Citizenship and Immigration Canada (CIC) that authorises a foreign national to study at an educational institution in Canada for the duration of the programme of study.

The visa and study permit are two separate documents: the first allows you to enter Canada, while the latter allows you to remain in Canada to study (and work part-time during studies and full-time during the breaks). I only mention the issue of the temporary resident visa because I have seen many cases in which one expires before the other, which can cause issues.

Please visit jamaica2canada.com for additional information on Canadian Permanent Residence programmes, including Express Entry, the Study and Work progamme, visitor’s visas or Appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel, education agent and managing director of JAMAICA2CANADA.COM – a Canadian immigration & education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com.