What International Students in Canada Should Take Away from the Auditor General’s Report

The report suggests that 153,324 students were reported as potentially non-compliant between 2023 and 2024. That’s a significant number when you consider that Canada had just over 1 million study permit holders in 2023 and just under 1 million in 2024. And because many of the students counted in 2023 would also have been counted again in 2024, this number could represent roughly 15% of the international student population being flagged as potentially non-compliant across that period. 

That is a significant figure, especially given the consequences that can come with a non-compliance issue. For me, it is a useful reminder of why it is worth going back to basics and looking at the conditions attached to a study permit, because these are the rules students in Canada must follow, and breaching them can cause serious problems. 

What Does “Potentially Non-Compliant” Mean? 

Before getting into it, it is important to note that the report says these 153,324 students were potentially non-compliant. That does not mean they were found to be non-compliant. 

To make that finding, IRCC would need to investigate the case and give the student a chance to provide more information or evidence. The report suggests the 153,324 figure comes from cases where designated learning institutions flagged students for possible non-compliance. 

The problem is that IRCC investigated only 4,057 of those cases (that is a story in itself). Of those investigations, about 41% could not be closed because the student did not respond, while 50 cases were identified as non-compliant and needing further follow-up. 

So, while not all of these students were found to be non-compliant, the number is still significant. The learnings from this are simple: many international students may not fully understand the conditions attached to their study permit, but ignorance is no excuse. It is best to avoid compliance issues by knowing the rules and following them from the start. 

Common Study Permit Conditions: Breaching These Can Cause Issues 

Study permits can come with a range of conditions, and students who do not understand them properly can run into serious issues.  

Here is a list of common study permit conditions: 

You may be restricted to a specific school or DLI 

Most study permits list where you can study. If your permit names a specific designated learning institution (DLI), you will likely need to get a new study permit if you want to change DLIs.  

Your permit may say whether you can work in Canada 

Work authorization is not automatic in every case. Your study permit may include wording allowing on-campus and or off-campus work, or it may say you are not authorized to work off campus, or in certain settings. 

You cannot work off campus if you are not eligible, even if you have a study permit 

For example, students in only ESL or FSL programs, general interest courses, or prerequisite courses for admission are generally not allowed to work off campus without a separate work permit. 

You cannot work during an authorized leave 

Even if your study permit normally allows work, you usually cannot work on campus or off campus during an authorized leave from studies. A limited exception may apply if your school is temporarily closed because of a strike. 

Authorized leave must be supported by your school and must not exceed 150 days 

Authorized leave can include situations such as medical reasons, pregnancy, a family emergency, the death or serious illness of a family member, another leave approved by the school, a school closure, changing schools, or a deferred start date. You cannot take more than 150 days of authorized leave during the entire period of study. 

Unauthorized leave can cause problems 

If a leave is not authorized by your DLI, or if you take more than 150 days of leave, it can mean you are no longer actively pursuing your studies and may be found non-compliant with your study permit conditions. 

You must not work more than 24 hours per week off campus during regular academic sessions 

During scheduled breaks, eligible students can usually work full-time. But during regular academic terms, the off-campus work limit is 24 hours per week. Going over that limit can affect your status and future applications. Note that there is no such limit on on-campus work. 

You cannot work before your studies begin 

Even if your permit includes work authorization, you generally can only start working once your study program has actually started. 

Your permit will list a specific date by which you must leave Canada 

Your study permit will include a specific date you must leave Canada. You must leave Canada when your permit expires unless you have applied for an extension of your stay. 

If you stop meeting being a student, you should change your status in Canada.  

As soon as you are no longer enrolled in the DLI named on your permit,  your study permit become invalid. In this case, if you are still in Canada, you should change your status in Canada before you are no longer enrolled.

You should be actively studying in Canada 

A study permit holder requirement is that you are actively studying in Canada. This means in addition to being enrolled in a DLI, you need to be  actively making progress towards completing your program’s courses (unless you are taking an authorized break that is less than 150 days in duration) 

If you finish your studies early, your permit does not stay valid up until the printed expiry. 

If you complete your program early, your study permit becomes invalid 90 days after program completion, even if the printed expiry date is later. 

You cannot keep working after graduation unless you have applied for a PGWP or another work permit that lets you work 

You generally must stop working as soon as you receive confirmation that you have completed your program. You can usually only continue working after graduation if you apply for a Post-Graduation Work Permit before your study permit expires. 

What Happens if IRCC Finds You Non-Compliant?  

IRCC can ask students to prove they are complying with the conditions of their study permit. This often happens if their file is randomly selected for review or if their DLI reports a compliance concern. As we saw in the Auditor General’s report, though, IRCC has only the resources to investigate 2,000 claims a year. That’s an insignificant number when you consider the number of international students in Canada.  

Compliance issues can also be discovered when the student submits an application to extend their stay. Applicants may be asked for documents such as enrolment confirmation, transcripts, proof of leave, or other records, depending on the concern IRCC is looking into. 

If it is determined that you have not met the conditions of your study permit, you may be asked to leave Canada. You may also have to wait 6 months before you can apply for subsequent permits, including a new study permit or work permit. 

Beyond this, though, it can also become an inadmissibility issue. Depending on the condition breached, a person can be found inadmissible for non-compliance with the Immigration  Act.  

And, if there was any attempt by the applicant to hide that non-compliance by withholding information, or by providing false information or documents, IRCC may also make a finding of misrepresentation. That carries much more serious consequences, including a 5-year misrepresentation ban from entering Canada. 

If you are concerned about whether you complied with your study permit conditions and what impact this could have on a future application, it is a good idea to speak with an authorized immigration representative who can talk you through your options.