Study permits: Provincial attestation letters

melo Uncategorized June 13, 2024 | 0

The provincial attestation letter (PAL)

On January 22, 2024 at 8:30 a.m. ET, the Minister of Immigration, Refugees and Citizenship established a cap on the intake of most new study permit applications. IRCC may accept a maximum of 606,250 study permit applications for processing, from the time the ministerial instructions were signed until one year later. The 2025 cap will be revised based on 2024 numbers.

Provinces and territories (PTs) are allocated a portion of the total study permit cap which they distribute to designated learning institutions in their jurisdiction. A provincial attestation letter (PAL) is a letter provided by the PT where the applicant plans to study confirming that the applicant has been assigned one of the spaces allocated to the PT. A PAL will help PTs manage their allocations. A PAL is required by all study permit applicants unless they fall under an exception. If a PAL is required and not provided at the time of application, the application must not be accepted into processing. The application must be closed and the study permit processing fee refunded. See the section “Closing applications that are not accepted for processing.”

Exceptions to the requirement to provide a PAL

There are some exceptions to the introduced caps and these applicants are therefore not required to provide a PAL.

These include

study permit applicants applying to study at the preschool, primary school or secondary school level (up to grade 12)
study permit applicants applying to study in a master’s degree or doctorate degree program
as per subsection R215(1), study permit applicants who after entering Canada:
- hold a valid study permit (applying for a study permit renewal - SP-EXT)
- apply within the period beginning 90 days before the expiry of their authorization to engage in studies in Canada under subsection 30(2) of the Act, or paragraph R188(1)(a), and ending 90 days after that expiry
- hold a valid work permit
- are subject to an unenforceable removal order
- hold a temporary resident permit (TRP) issued under subsection 24(1) of the Act that is valid for at least 6 months
- are a temporary resident who
  - is a visiting or exchange student and is studying at a designated learning institution
  - completed a course or program of study that is a prerequisite to their enrolling at a designated learning institution
- as per subsections R207(b) through (e), are
  - (b) eligible for permanent residence as a spouse or common-law partner (through the spouse or common-law partner in Canada class, set out in Division 2 of Part 7 of IRPR)
  - (c) a protected person within the meaning of subsection 95(2) of the Act
  - (d) eligible for permanent residence based on
    - humanitarian and compassionate grounds per subsection 25(1) or subsection 25.1(1) of the Act or
    - current public policy per subsection 25.2(1) of the Act
  - a family member of a person described in any the above paragraphs (b) through (d)
as per subsection R215(2), study permit applicants in Canada who are the family members, as per subsection R1(3), of a foreign national who resides in Canada if the foreign national
- holds a valid study permit
- holds a valid work permit
- holds a TRP issued under subsection 24(1) of the Act that is valid for at least 6 months
- is subject to an unenforceable removal order
- is a member of an armed force of another country, under the Visiting Forces Act
- is an officer of a foreign government described in paragraph R186(e)
- is participating in sports activities or events, as described in paragraph R186(h)
- is an employee of a foreign news company, as described in paragraph R186(i)
- is a person who is responsible for assisting a congregation or group, as described in paragraph R186(l).

Clarifications

Secondary school level in Quebec

Canada recognizes that in Quebec vocational and professional training programs can be delivered at the secondary or post-secondary level. Certain vocational programs are delivered at the secondary level by training centres and lead to one of the following accreditations:

Diploma of Vocational Studies (DVS)
- In French: Diplôme d’études professionnelles (DEP)
Attestation of Vocational Specialization (AVS)
- In French: Attestation de spécialisation professionnelle (ASP)
PreWork Training Certificate (PTC)
- In French: Certificat de formation préparatoire au travail (CFPT)
Training Certificate for a Semiskilled Trade (TCST)
- In French: Certificat de formation à un métier semi-spécialisé (CFMS)

Vocational programs leading to these accreditations meet the criteria for the exception (as secondary level programs) and study permit applicants to these programs do not require a PAL.

College of General and Professional Teaching (Cégep) in Quebec

In Quebec, the College of General and Professional Teaching, or Cégep, is a public school that provides the first level of post-secondary education. Applicants to this level of study require a PAL.

Graduate degree programs (including in Quebec)

Only applicants to graduate degree programs are included in the exception to the cap and therefore do not require a PAL. Graduate-level programs that do not confer a degree (for example, confer a diploma or certificate), including microprograms and a diplôme d’études supérieures spécialisées (DESS), are NOT included in the exceptions and therefore require a PAL.

Quebec uses its own terminology for its graduate degree programs. The following terms are included in the exception and therefore do not require a PAL:

maîtrise de recherche
maîtrise professionnelle
maîtrise avec essai
doctorat

Applied master’s degrees - certain jurisdictions

Applicants pursuing an applied master’s degree are included in the exceptions and therefore do not require a PAL. For example

in British Columbia, the provincial College and Institute Act allows provincial institutes to offer applied degrees at the master's level
other jurisdictions may introduce legislation that will extend to additional applied degrees in the future

Prerequisite courses and programs

Prerequisite courses or programs may be required to be completed prior to starting some academic, professional or vocational programs. If the program is less than 6 months, a study permit is not required; however, the applicant may choose to apply for one. If a program has a prerequisite and the client submits a study permit application, a PAL is required even if the main program of study falls under an exception (e.g. master’s degree program).

Family members of a work or study permit applicant whose application is approved in writing before entry to Canada

The family member of a foreign national whose application for a work or study permit is approved in writing before the foreign national enters Canada does not need to submit an LOA with their study permit application. Even though an LOA is not required, a PAL is required unless they meet an exception.

Processing instructions

Proof of exception

The onus is on the applicant to demonstrate they meet one of the exceptions listed. Officers should be satisfied with the document(s) submitted to make an assessment on whether the applicant falls under an exception. If the client does not provide proof and the officer is otherwise unable to determine that they fall under an exception, the application must not be accepted for processing. Officers should indicate in the return of application letter (PAL), that if the client meets an exception and plans to submit a new application, they should provide evidence that they meet the exception as part of their submission.

Examples of proof could be copies of documents such as

proof of enrolment or a letter of acceptance (LOA) indicating the applicant
- is applying to study at the primary or secondary level
- is applying to a master’s degree or doctorate degree program
OR, if requesting an exception under R215(1) and applying after entering Canada
- proof of enrolment or an LOA indicating the applicant
  - is a visiting student or exchange student at a designated learning institution
  - has completed a course or program of study that is a prerequisite to enrollment at a designated learning institution
a valid study permit, valid work permit, or a TRP valid for at least 6 months
proof that they are subject to an unenforceable removal order
other evidence that shows they meet any of the exceptions under R215)(1)
OR, if requesting an exception under R215(2)
- evidence that the applicant’s family member is residing in Canada, such as a copy of a bank statement, lease or utility bill
- evidence that the applicant is the genuine family member of the foreign national residing in Canada, such as birth or marriage certificates, adoption papers or a statutory declaration of common-law union
- evidence that the applicant’s family member residing in Canada
  - holds a study permit, work permit or TRP, or is subject to an unenforceable removal order
  - is a person described under paragraphs R215(2)(e) through (i) by providing proof of their membership in that group

Exception met

Ensure one of the special program codes has been added and that it correctly describes the indicated exception.

Exception not met and no PAL provided

Applications that do not meet an exception and do not provide a PAL will not be accepted for processing. Officers must close the application and refund the study permit processing fee. See the section “Closing applications that are not accepted for processing.”

If a PAL is required but not included, the application may be closed without waiting for the LOA verification results. Officers do not have to wait for the 10 calendar days for the LOA verification to be completed. As the LOA verification is automatically triggered at the time of application promotion, officers will need to cancel the pending LOA verification activity prior to closing the application. If the LOA verification is complete and the verification field is “No Match,” officers should proceed with closing the application and refunding the study permit processing fee. See the below section “Closing applications that are not accepted for processing.”

Closing applications that are not accepted for processing

The ministerial instructions state that the application must not be accepted for processing if a PAL is required but not included in the application. If an application is not accepted for processing, it must be closed before it reaches the stage of assessment for eligibility. A return of application letter (PAL) must be sent to the applicant and any family members who have submitted an accompanying application.

Application fees

If an application is not accepted for processing due to a lack of a PAL, the study permit processing fee must be refunded.

Biometrics fees

Applicants will continue to follow the instructions contained on their biometrics instruction letter (BIL) even if they have not provided a PAL. Biometrics enrollment fees must not be refunded.

If a BIL was sent and biometric enrollment fees paid, processing officers must wait for biometrics to be enrolled before administratively withdrawing the application. If biometrics are not completed within the timeframe provided and the application is closed for not meeting an exception, the biometric fee must be refunded.

Applications that should not have been accepted for processing but made it to the assessment stage in error

If an application that should not have been accepted for processing makes it to the processing stage, no further processing should occur and the application should be closed. See the section “Closing applications that are not accepted for processing.”

Document submitted that is not the PAL

After March 19, 2024, applicants will be able to upload their PAL in their application under “Provincial attestation letter (required)” | “Lettre d'attestation provinciale (requis).” If the document submitted was not a PAL, the officer must review the other documents in the application to make sure the PAL was not provided as a document with another type (e.g. Client Information, Letter of Explanation). If no PAL is found, the application must be closed and the processing fee refunded. See the section “Closing applications that are not accepted for processing.”

PAL provided

As of March 19, 2024, if the PAL was provided, the application will be assigned the special program code, “PAL-Provided.” Officers must add this code manually if it was not assigned correctly.

Assessing the PAL

The PAL must

be written and signed by the provincial or territorial government
confirm that the applicant has a space within the provincial or territorial allocation
include the full name of the applicant
include the date of birth of the applicant
include the address of the applicant
include the allocation year and PAL expiry date (i.e., until the date determined by the PT or until the expiry of the MIs)
include the date the letter was issued

While not specified by the MIs, inclusion of the following elements enhances the ability of both the provinces and territories and IRCC to track PAL issuance. PALs are therefore also likely to include

information on the study program
- level of study
- designated learning institution (DLI) name
- DLI number
- student number (if available)
- program name
- program start and end dates
a unique identifier (PAL #)

PAL validity period

A PAL must be valid at the time of application receipt and officers must not accept an application for processing if the expiration date has passed. For the 2024 allocation period, the PAL expiration date can be no longer than the end of the day on January 21, 2025. PTs may further restrict the validity period of their PALs. If no expiration date is indicated on the PAL, it has a default expiration date of end of day January 21, 2025. If the application was received after the expiration date, the application must be closed and the processing fee refunded. See the section “Closing applications that are not accepted for processing.”

Applicants destined for Quebec

Quebec has received approval to have the PAL requirement fulfilled by adding specific language to their certificat d’acceptation du Quebec (CAQ). Effective February 13, 2024, the presence of this language fulfills the PAL requirement; the CAQ must contain this language unless the client meets an exception:

This attestation letter confirms that the applicant has a place in Quebec’s share of the distribution of study permit applications or is exempt from it.

If a client requires a PAL and this is not included on the CAQ, their application must not be accepted for processing, and processing fees refunded. See the section “Exception not met and no PAL provided.”

Note: If an applicant meets the exception criteria from the cap, their application should be accepted for processing, irrespective of whether the line is included in their CAQ.

Applications received between February 13, 2024, and March 19, 2024, will not be tagged with the special program code that identifies the application as having a PAL or meeting an exception. Processing officers will be required to verify each CAQ to ensure the additional line has been included for those applicants within the scope of the MIs.

Applications received after March 19, 2024 may follow the detailed “Processing instructions.”

Note for Canada Border Services Agency officers at ports of entry: Applicants seeking a study permit for 6 weeks to enter Canada and obtain a CAQ under paragraph 49(g) of Quebec’s Regulation respecting the selection of foreign nationals must meet an exception to the PAL requirement to be eligible. For example, an applicant has evidence they have been accepted to a master’s degree program but does not yet have a CAQ. They could be issued a 6-week study permit to obtain the CAQ.

A note should be entered in GCMS in the Notes tab: “Applicant issued study permit to obtain CAQ within 6 weeks. New study permit and fees required.”

Study permits: Provincial attestation letters