Record
\sb280Invalidity
* 222 (1) A study permit becomes invalid upon the first to occur of the following days:
laino (a) the day that is 90 days afier the day on which the permit holder completes their studies,
laino (a.1) the day on which the permit holder is no longer enrolled at the designated learning institution that is
named in the permit, other than as a result of completing their studies;
Jaino (b) the day on which the permit is cancelled under section 243.2: or
laino (e) the day on which the permit expires.
‘Thank you kindly,
The Immigration Representatives Mailbox
From:
Sent: [requester]
To: Immigration Representatives / Représentants immigration (IRCC) <[requester email]>
Subject: [requester]
Dear [requester],
Taman RCIC in good standing, membership number ¢
I would like to obtain clarification regarding R. 222(1), concerning the validity ofa study permit and its application in three
different scenarios.
Scenario | - Applying for a study permit extension, following the completion of a program of studies
Question: Ifa student has a longer study permit issued than needed, meaning he or she completes the program of studies in
Canada earlier than initially anticipated, and afier 90 days of graduation but before the expiry date of his or her study permit, he
or she applies for a study permit extension to study a second program of studies.
Would an officer consider R.222(1) when processing this application, meaning the study permit will be considered invalid at the
time of application because 90 days has passed since graduation or, as the student completed the program, this would not be an
issue? what would count is the actual expiration date on the study permit? IfR.222(1) applies, would the applicant be required to
apply the restoration fee?
Scenario 2: Applying for a new study program following a break of over 90 days
Question: In a similar scenario, however without the completion of the program of studies, but affer a school break of 150 days,
would a student be able to apply for an extension after not studying for over 90 days? Or study permit would be considered
cancelled? If R.222(1) applies, would payment of restoration fee be necessary?
ooiess
Scenario 3- Applying for PGWP afler 90 days of graduation — :
Question: A person completed a program of studies in Canada, the program qualifies for PGWP: however, over 90 days has
passed since graduation, Applicant then applies for PGWP ffom within Canada after the 90 days have already passed, however,
while study permit is stil valid and before 180 days of graduation; therefore, following eligbilty guidelines to apply for [requester] R. 222(1) apply on this scenario, meaning that his or her study permit would be considered invalid at the time he or she
applied for PGWP? In other words, would he or she be considered not in compliance since he applied more than 90 days afier
graduation? Would this applicant require restoration fees? Would this applicant be eligible to start working full time after
submitting a PGWP application from within Canada?
Thank you for the clarification.
[NAME REDACTED]
oosess