Study permit refusals and problems: a lawyer in Brampton

Updated

The short answer

Manny Hundal acts when a study permit is refused, when IRCC sends a procedural fairness letter (a letter from IRCC explaining a concern and giving you a chance to answer before it decides) about your funds or documents, when you are accused of misrepresentation, or when you lose student status. Study permit refusals have no tribunal appeal, but judicial review at the Federal Court may be possible, within 60 days for decisions made outside Canada and 15 days for decisions made in Canada. Many students file a first application on their own.

When you need a lawyer

Most study permit applications do not need a lawyer, and many students file their own or use a licensed consultant. A lawyer is worth calling when something has gone wrong:

  • Your study permit or extension was refused, especially more than once
  • IRCC sent a procedural fairness letter questioning your letter of acceptance, funds, transcripts or language results
  • The officer alleges a document was forged or altered, which can lead to a misrepresentation finding and a five-year bar
  • Your status expired, you changed schools without the right permit, or you worked beyond the permitted hours
  • Your PAL was used on a refused application and you need to decide how to proceed
  • You want a refusal challenged at the Federal Court, where only a lawyer can represent you, except in rare cases the court allows

How Manny helps

Manny Hundal is a Barrister & Solicitor, called to the Ontario Bar in 2013. His practice is focused on immigration law. On a study permit file in trouble he can:

  • Review the refusal. He reads the refusal letter, the officer decision note and, where useful, your GCMS notes, and explains whether a new application or a court challenge fits better.
  • Respond to procedural fairness letters, including concerns about whether documents are genuine.
  • Defend against misrepresentation allegations, including where an agent prepared the documents.
  • Federal Court judicial review. Study permit refusals have no tribunal appeal. Judicial review may be possible, and he prepares the leave application and argues the case if leave is granted. See Federal Court judicial review.
  • Status problems. He advises on restoration and on falling out of status between programs, and where the facts support it, on a humanitarian and compassionate application.

Consultations are available in English, Punjabi and Hindi at the chambers in downtown Brampton. No lawyer can promise a result. This page is general information, not legal advice about your situation.

Deadlines

  • Judicial review (IRPA section 72)

    60 days for a decision made outside Canada, which covers most first study permit refusals, or 15 days for a decision made in Canada, such as a refused extension.

  • Restoration

    if your status has expired, you may be able to apply to restore it within 90 days, but you cannot study until it is approved, and restoration usually needs a new PAL.

  • Procedural fairness letters

    the letter sets its own deadline.

Who this is for

This page is for international students whose study permit file has run into trouble, and the Peel families who support them. Most foreign nationals need a study permit for programs longer than six months.

Caps and attestation letters

Since 2024, the federal government has capped new study permit applications and shares the cap among the provinces, which issue provincial or territorial attestation letters (PALs or TALs). As of IRCC’s September 2026 guidance:

  • Most new applicants need a PAL or TAL

    A letter issued in 2026 is valid until December 31, 2026 unless it shows an earlier date, and must be valid when you apply.

  • A PAL cannot be reused

    after an approval or a refusal, only after a withdrawal before a decision or an application not accepted for processing.

  • Exempt groups

    include primary and secondary students, students extending at the same school and level, and, from January 1, 2026, students in degree-granting master’s or doctoral programs at a public designated learning institution.

As of October 2026, IRCC had not published the rules for the 2027 cap year.

How it works

  1. Acceptance from a designated learning institution, confirmed with IRCC.
  2. PAL or TAL, unless exempt.
  3. Proof of funds for tuition, living costs and travel. For applications made on or after September 1, 2026, the living cost minimum is $23,448 a year for a single applicant outside Quebec.
  4. Application, usually online from outside Canada, with biometrics and a medical exam where required.
  5. Decision. An approval from outside Canada comes as a port of entry letter.

Documents you'll typically need

Timelines

Processing times and fees change often, so this page does not quote them. Check the IRCC processing times tool and the IRCC fee list.

Common reasons study permits are refused

  • The officer is not satisfied you will leave Canada at the end of your studies
  • A study plan that does not make sense, such as a diploma that steps back from an earlier degree
  • Weak or unexplained funds
  • A missing or invalid PAL, or a letter of acceptance not confirmed by the school
  • Past refusals not addressed in a new application
  • Misrepresentation, such as a forged or altered document

If your permit allows off-campus work, you can generally work up to 24 hours a week off campus during school terms. Working more can put your status at risk.

Frequently asked questions

Start with the officer decision note and, if needed, your GCMS notes. If the reasons can be fixed with better evidence, such as clearer funds or a stronger study plan, a new application may be the faster route, although you will need a new PAL. If the officer ignored evidence or the decision is unreasonable, judicial review at the Federal Court may be an option. The deadline is 60 days for a decision made outside Canada and 15 days for one made in Canada. Manny can review the refusal and explain which route makes sense.

Usually IRCC sends a procedural fairness letter first, setting out the concern and a deadline to respond. This matters a great deal: if the officer finds misrepresentation, you can be inadmissible for five years. The finding can apply even if an agent prepared the document without your knowledge, though an honest and reasonable mistake can sometimes be a defence. Get the letter reviewed before you respond, and do not send new documents you cannot fully explain.

Most new study permit applicants do. You are usually exempt if you are going to preschool, primary or secondary school, if you are extending your permit in Canada at the same school and level, or, from January 1, 2026, if you are enrolling in a degree-granting master’s or doctoral program at a public designated learning institution. If you are exempt, you still need proof of the exemption.

No. Once IRCC has made a decision, approved or refused, that PAL cannot be used again. You will need a new letter, and provinces issue letters against a limited yearly cap. The only exceptions are an application withdrawn before a decision, or one not accepted for processing, while the letter is still valid.

You must show enough for your first year of tuition, living costs for you and any family members coming with you, and transportation. IRCC sets a minimum for living costs and has raised it more than once since 2024. Officers also look at where the money came from. A large deposit just before you apply, with no explanation, often raises questions.

Often yes, but students in Canada who change post-secondary schools now generally need to apply to extend their study permit for the new school before they start there. You will usually need a new PAL, and the new program may affect your eligibility for a post-graduation work permit.

Not every program does. Most graduates need a program of at least eight months at a PGWP-eligible school, language results at the required level, and, for college and other non-degree programs, an eligible field of study. You can only receive one PGWP. See work permits.

An open work permit for a student’s spouse is now generally limited to spouses of students in master’s programs of 16 months or longer, doctoral programs and certain professional degree programs. Spouses of college and most undergraduate students are no longer eligible for this permit, though they may qualify for their own permit.

This page is general information, not legal advice about your situation.

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