NEED URGENT HELP - Changing School in Canada

[Ely0802]

Hello!

I need some help regarding my nephew. He arrived in Canada last November, and his English program was supposed to start in January 2025. However, the school deferred his start date because his English score was too low to begin the ESL program. They advised that he needs to achieve a CLB 3 level before March 1st to start the English program at the DLI listed on his Study Permit.

He has enrolled in another school to improve his English, aiming to reach at least CLB 3 by the end of the 4-month term. His Letter of Acceptance (LOA) from this new school is valid until April 2025.

We believe he is still legally staying in Canada, right? Does he need a new study permit or a new LOA? Please advise. Thank you so much in advance.

 

[Naturgrl]

Did he enter on a study permit and does the study permit list the school? Is it a DLI? If so needs a new study permit.

 

[canuck78]

This situation also becomes complicated because it appears he may end up studying for over 6 months for ESL so will need a study permit if that is the case. What is the end goal?

 

[Ely0802]

Did he enter on a study permit and does the study permit list the school? Is it a DLI? If so needs a new study permit.

He entered Canada on a study permit with Red River College (RRC), which is on the DLI list. However, the school deferred his start date from January 2025 to May 2025 because his English test result was too low for the ESL program at RRC. They advised him to attend a different school to improve his English and gave him until the end of March to provide an improved test result.

He enrolled in another school, Heartland, to study English. His Letter of Acceptance (LOA) from Heartland is valid until April 2025.
He hasn’t withdrawn his tuition or enrollment from RRC, as he still plans to start there in May 2025.

Does he need a new study permit even though his LOA is valid until April 2025 (less than 6 months)?

 

[Ely0802]

This situation also becomes complicated because it appears he may end up studying for over 6 months for ESL so will need a study permit if that is the case. What is the end goal?

He still wants to study at Red River College, where his original study permit was issued.

Not sure if this is his situation - Changing Schools
In exceptional circumstances, a student may be required to defer their program’s start date to the next semester. If the student defers their program start date, it should be formally approved by the DLI. In some cases, the deferral is imposed by the DLI.

If the study permit holder is in Canada at the time of deferral, and they wish to remain in Canada, they must begin their studies the following semester or within 150 days from the date the deferred enrolment is confirmed, whichever comes first. Otherwise, they should do either of the following:

• change their status (that is, change to visitor status or worker status)
• leave Canada

 

[Naturgrl]

He entered Canada on a study permit with Red River College (RRC), which is on the DLI list. However, the school deferred his start date from January 2025 to May 2025 because his English test result was too low for the ESL program at RRC. They advised him to attend a different school to improve his English and gave him until the end of March to provide an improved test result.

He enrolled in another school, Heartland, to study English. His Letter of Acceptance (LOA) from Heartland is valid until April 2025.
He hasn’t withdrawn his tuition or enrollment from RRC, as he still plans to start there in May 2025.

Does he need a new study permit even though his LOA is valid until April 2025 (less than 6 months)?

He needs a new study permit if changing DLIs and never studying at RRC either.

He still wants to study at Red River College, where his original study permit was issued.

Not sure if this is his situation - Changing Schools
In exceptional circumstances, a student may be required to defer their program’s start date to the next semester. If the student defers their program start date, it should be formally approved by the DLI. In some cases, the deferral is imposed by the DLI.

If the study permit holder is in Canada at the time of deferral, and they wish to remain in Canada, they must begin their studies the following semester or within 150 days from the date the deferred enrolment is confirmed, whichever comes first. Otherwise, they should do either of the following:

• change their status (that is, change to visitor status or worker status)
• leave Canada

But he changed DLIs and started studying without getting a new study permit (required). He cannot “flip-flop” between schools and didn’t even start studying at RRC but just started at another. How long is program?

 

[Ely0802]

He needs a new study permit if changing DLIs and never studying at RRC either.

But he changed DLIs and started studying without getting a new study permit (required). He cannot “flip-flop” between schools and didn’t even start studying at RRC but just started at another. How long is program?

It was the RRC who recommended him to study in the Heartland.
His English program in Heartland is 4 months only. Did he still need to apply for a new SP?

I should have mentioned at first that he was originally accepted at RRC with ESL first not academic program. But his English score was too low to even started an ESL in RRC that's why he took short English courses in another DLI school.

 

[Naturgrl]

It was the RRC who recommended him to study in the Heartland.
His English program in Heartland is 4 months only. Did he still need to apply for a new SP?

I should have mentioned at first that he was originally accepted at RRC with ESL first not academic program. But his English score was too low to even started an ESL in RRC that's why he took short English courses in another DLI school.

Tell him to talk to RRC advisor and ask if he needs a study permit. Assume he is just studying.

 

[Ely0802]

Tell him to talk to RRC advisor and ask if he needs a study permit. Assume he is just studying.

He is currently studying at Heartland and may continue until the end of this month if he can achieve the CLB level by then. Heartland is a 4-month English program only.

If he attains the required CLB and is accepted into RRC ESL, he will start studying there in May 2025. He hasn’t withdrawn from his English program at RRC or the tuition.

 

[canuck78]

How exactly was he able to get IELTS score to get the study permit in the first place given his low level of English?

 

[Naturgrl]

He is currently studying at Heartland and may continue until the end of this month if he can achieve the CLB level by then. Heartland is a 4-month English program only.

If he attains the required CLB and is accepted into RRC ESL, he will start studying there in May 2025. He hasn’t withdrawn from his English program at RRC or the tuition.

The issue is that he is a student on a study permit now going to a DLI that is not on the study permit. Ask RRC if he is studying illegally.

 

[Ely0802]

How exactly was he able to get IELTS score to get the study permit in the first place given his low level of English?

He was accepted by the college without English test because he is going to study ESL.

 

[Ely0802]

The issue is that he is a student on a study permit now going to a DLI that is not on the study permit. Ask RRC if he is studying illegally.

Thank you @Naturgrl! I will ask my SIL to call RRC.

@canuck78, thanks as well for all the responses.

My SIL is just so worried right now that it they are to apply a new study permit it might be even harder with all the IRCC changes these past few weeks.

 

[canuck78]

He was accepted by the college without English test because he is going to study ESL.

But he was attending a transition program associated with a college so they would have had to have an idea about his language level. IRCC can’t give out immigration advice and often gives out bad advice when they do. Would suggest getting a consultation with an immigration lawyer or consultant.

 

[Ely0802]

But he was attending a transition program associated with a college so they would have had to have an idea about his language level. IRCC can’t give out immigration advice and often gives out bad advice when they do. Would suggest getting a consultation with an immigration lawyer or consultant.

It might be best for him to return to his home country first. It seems staying in Canada while reapplying for a new study permit isn’t an option??

They consulted with an RCIC, who advised them to stop attending Heartland, return to their home country, and continue studying an English program there (which is much cheaper). He can then come back to Canada once he reaches the required English level for the ESL program. However, it seems like the refusal rate for study permits appears to be higher now, with stricter rules and many changes.