Open study permits available to family members of international students and foreign workers

Accompanying family members of foreign workers and international students can receive special study permits that are not tied to a single Designated Learning Institution (DLI), authorizing these individuals to attend any school of their choice

Provided that they meet certain conditions, these spouses and common-law partners can access study permits that are Provincial Attestation Letter (PAL)-exempt, significantly removing barriers such as:

• Needing to attach a letter of admission (LOA) with their study permit application; and
• The often-required need to pay a deposit to secure a place within a DLI’s student allocation, prior to applying for a study permit.

As a result, these individuals may have a significantly easier time beginning their studies in Canada, while side-stepping the country’s study permit cap. Further, the PAL-exemption even allows these students to attend a school in any Canadian province of their choosing.

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Note that “accompanying family members” are defined by Immigration, Refugees and Citizenship Canada (IRCC) as any of the following family members who are included in the principal applicant’s (work or study permit) application, and will accompany the principal applicant to Canada:

• The spouse of the principal applicant;
• The common-law partner of the principal applicant; and/or
• Dependent children (and dependent children of those children).
  • This includes both the principal applicant’s and the spouse’s dependent children.

What conditions do family members of foreign workers and students need to meet to receive open study permits?

A foreign national does not have to provide a letter of acceptance (LOA) if they meet both of the following conditions:

• They apply for their study permit before entering Canada; and
• They are an accompanying family member of a foreign national whose work or study permit application has been approved in writing before their entry to Canada.

So, if (for example) your spouse or common-law partner is an international student and their study permit has been approved in writing before they come to Canada, you, as an accompanying spouse or partner, may apply for a study permit from outside Canada without first getting an LOA from a DLI.

The permit is issued without a specific DLI listed and is valid until the same expiry date as the principal student’s permit.

How this works in practice (step-by-step)

Here’s a typical scenario for an international student couple:

• The principal student gets admitted and applies for a study or work permit. In the case of a study permit:
  • They obtain an LOA from a DLI and, if required, a PAL/TAL for their program.
  • They submit their study permit application from outside Canada.
• Their application is approved in writing
  • IRCC issues a letter of introduction/approval for their study permit before travel.
• Spouse/common-law partner applies as an accompanying family member BEFORE entering Canada
  • The spouse/partner must submit a study permit application from outside Canada.
  • Instead of an LOA, they include
    • Proof of the relationship (marriage certificate or common-law documentation); and
    • A copy of the principal student’s study permit approval letter and other supporting documents.
• IRCC assesses the application
  • If approved, the spouse receives an open study permit.

The spouse or common-law partner holding the open study permit can apply in advance to schools of their choosing, or can wait to enroll in a program of their choice after arriving in Canada.

Holding an open study permit can also reduce upfront costs to start a post-secondary program in Canada.

As noted earlier, most schools in Canada usually require students to submit a deposit to the school (confirming their intention to attend) so that the DLI may then apply to provincial authorities for a PAL and count the students towards their province’s study permit cap. This deposit is often taken as a portion of a student’s tuition fees, to be paid up front.

Due to the fact that accompanying family members do not count towards each DLI’s allocation under the study permit cap, it is possible that they may not need to pay this upfront deposit, depending on their DLI’s policies.

What happens later: renewals, extensions, and changing schools

The special open study permit exemption used by family members is one-time and location-specific: it only applies when you first apply from outside Canada as an accompanying family member of a work or study permit holder.

If you later want to extend your study permit, or change DLIs or your level of study in a way that requires a new permit, then you are applying from inside Canada, and the special exemption no longer applies. In these situations, you would effectively apply for a new study permit.

At that point, you are treated like any other in-Canada student. You must apply for a new or extended study permit under common regulations, which means you must provide:

• A valid LOA from a DLI; and
• Any other required documents (including PAL/TAL, unless you fit one of the specific PAL/TAL exemptions—for example, some in-Canada extensions at the same DLI and level).

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