In a year of sweeping changes to Canadian immigration policy, particularly for international students, the Ontario Bar Association’s “Your Essential Update on Study Permits” delivered exactly what it promised: timely, relevant, and practical insights for immigration practitioners. The March 27th session brought together leading experts to demystify the evolving framework around study permits, spousal work permits, the Francophone student pilot program, and the growing impact of judicial reviews.
This session showcased the core value of our programming—access to the latest IRCC developments straight from those working on the front lines. If you weren’t able to attend live, here’s a snapshot of what you missed—and why you won’t want to miss the next one.
Study Permit Changes and the PAL Requirement
One of the major highlights was the detailed overview of the Provincial Attestation Letter (PAL)—a seemingly straightforward requirement that has nonetheless created substantial confusion for applicants, educational institutions, and counsel alike. Introduced in early 2024, the PAL is now mandatory for most post-secondary study permit applications.
The panel walked attendees through how the PAL system works, including which applicants are exempt, how to confirm exemption status, and how changing institutions may trigger the need for a new PAL—even in cases where judicial review has reopened a file.
Practitioners were cautioned: if your client’s PAL expires or they switch schools, a new PAL is often required. Importantly, those undergoing judicial review may not need a new PAL if their application was originally exempt.
Spousal Open Work Permits: More Restrictions, Higher Scrutiny
Another important discussion focused on the growing restrictions and refusal rates for spousal open work permits tied to international students. Since 2024, the eligibility criteria for spouses have narrowed significantly. Now, only spouses of students in specific master’s programs (16+ months) or designated professional programs (e.g. law, nursing, education) are eligible.
Speakers flagged a worrying trend: refusals based on lack of family ties in the applicant's home country—even when those ties clearly exist and are documented. This was a recurring theme across many refusal grounds: officers are issuing rejections citing insufficient evidence, despite comprehensive applications.
Practitioners were encouraged to go beyond the basics, including additional charts, family lists, and even contextual evidence like property ownership or community ties to show temporary intent.
Francophone Student Pilot Program: A New Pathway With Promise
Andra Dumitrescu introduced attendees to the Francophone minority student pilot, a promising pathway designed to attract French-speaking students from outside Quebec. Launched in August, this two-year program allows students to study outside Quebec, with a dedicated PR pathway for graduates and their families expected to open in 2027.
Key benefits of the pilot include:
- No requirement to prove intent to leave Canada after studies
- IRCC-funded settlement services (rare for temporary residents)
- Lower financial thresholds (based on 75% of LICO)
- Access to post-grad work permits and a simplified pathway to PR
The pilot aims to improve approval rates for students from historically underrepresented regions.
Judicial Review vs. the Study Permit Pilot: Strategy and Structure Matter
One of the most compelling parts of the session focused on litigation strategy. With refusal rates on the rise, judicial review (JR) has become a more common pathway—but it’s not always the most efficient.
The new simplified judicial review pilot project, launched in partnership with the Federal Court and IRCC, offers a streamlined alternative.
Why it matters:
- Faster timelines: Typical JR can take up to 18 months; the pilot aims to conclude in 5 months
- No oral hearing: Ideal for clear legal errors and strong documentation
- Lower cost and reduced burden for clients
However, speakers cautioned that this route isn't suitable for complex cases involving inadmissibility, unclear refusals, or detailed legal arguments—those are better suited for full JR with oral hearing and expanded written submissions.
Statistics & Refusals: The Numbers Behind the Policy
The session didn’t shy away from the data—and the numbers tell a story. Refusal rates for study permits in 2023 were alarmingly high for applicants from:
- Africa & Middle East: 66%
- Americas: 61%
Compared to: - Asia and thePacific: 47%
- Europe: 18%
These disparities are part of what the Francophone student pilot aims to address. On the PAL side, the federal government plans to issue approximately 550,000 PALs in 2025, but only 437,000 study permits are projected to be issued—indicating that IRCC anticipates a large number of refusals.
There’s also a 2,300 study permit application cap under the Francophone pilot for the year, with each participating DLI allotted a specific quota. For many institutions, confusion still surrounds how PALs are issued and renewed, especially when applicants are changing schools or pursuing reconsideration after refusal.
Asked and Answered
Q: If the student leaves Canada, can their spouse still use a valid open work permit?
A: Yes, the open work permit remains valid for its duration. However, re-entering Canada could raise questions at the border about purpose and ties, especially if the principal applicant is no longer studying.
Q: Do minor children of students require PALs?
A: Only for post-secondary study. Children in primary or secondary school do not need a PAL, but do require a study permit if applying from outside Canada.
This session showcased its value of staying connected through the OBA Immigration Section. As policies continue to evolve rapidly, these events provide not just updates, but practical guidance, real-time Q&A, and a space to learn from fellow practitioners facing the same challenges.
For new calls and seasoned litigators alike, the takeaways from March 27 serve as a reminder: staying ahead in immigration practice requires more than checking IRCC’s website—it takes engagement, collaboration, and community.
If you haven’t already, mark your calendar for the next OBA Immigration session. The insight, access, and networking are worth it.
Any article or other information or content expressed or made available in this Section is that of the respective author(s) and not of the OBA.