前情提要
之前加拿大IRCC针对DLI学签的限制措施,从目前来看效果并不理想:
学生更换学校,不上学大范围存在,期望学生主动申报,效果不佳,部分学校仍在乱发LOA导致系统崩坏
为了封堵以上漏洞,IRCC于不久前发布了针对DLI院校修法的征求意见,预计最快在明年年初即可获批执行
DLI院校
>收到移民局要求10天内,确认学生录取状态
>收到移民局要求60天内,确认学生就读状态
>收到移民局要求10天内,提供更正信息,额外信息以及移民局需要的信息
>移民局有权利根据特别情况延长DLI回报时间
验证DLI服从情况 (给DLI 30日做回应)
>如果IO有理由怀疑DLI存在违规情况,包括提供不准确信息
>IO有理由怀疑LOA下放不合理
>DLI被随机选中进行抽查
>DLI之前有过违规记录
增加校外工作时间
>20 HR 增加到 24 HR (IRPR s.186 (v)(iii)修订)
法条修订具体修改内容
IRPR s.189后面增添下列内容 Invalid study permit (续签学生implied status,需满足出院校限定之外,上一份学签中的condition,同时需要再加拿大)
189.1 The holder of a study permit in Canada who has submitted a new application for a study permit under section 216.1 is authorized to study without a valid study permit until a decision is made on the application if they have remained in Canada since their permit became invalid and they continue to comply with the conditions set out in the invalid study permit, other than the condition that they remain enrolled at the designated learning institution named in the permit.
IRPR s.215后面增添内容 Requirement — post-secondary institution (DLI未确认LOA,签证必须退回,不得处理)
215.1 An application for a study permit that names a designated learning institution that is a post-secondary institution must be returned to the applicant without being processed, along with all documents submitted in support of the application and the fee for processing it, if that institution does not provide to the Minister the confirmation referred to in paragraph 222.1(1)(a), in accordance with that paragraph, subject to any extension granted under subsection 222.1(2).
IRPR s.216 (1)(e)变更及新增
(e) has been accepted to undertake a course or program of study at a designated learning institution and, in the case of a designated learning institution that is a post-secondary institution, that institution has provided the confirmation referred to in paragraph 222.1(1)(a) to the Minister in accordance with that paragraph, subject to any extension granted under subsection 222.1(2). (确认DLI需要验证本科阶段offer,并且以反馈IRCC) New application(加拿大境内申请人决定转学,他们需要再新学校LOA制定开学前提交新签证) 216.1 If the holder of a study permit in Canada whose permit names a designated learning institution is accepted to undertake a course or program of study at a different designated learning institution and intends to attend that institution, they must submit a new application for a study permit before the day on which their letter of acceptance to that institution indicates that they will begin the course or program of study.
IRPR s.219替换内容
Confirmation by post-secondary institution 219 (1) A study permit must not be issued to a foreign national unless they have provided written documentation from the designated learning institution where they intend to study that states that they have been accepted to study there or, in the case of an application for a study permit that names a designated learning institution that is a post-secondary institution, unless that institution has provided to the Minister, in accordance with paragraph 222.1(1)(a), subject to any extension granted under subsection 222.1(2) confirmation that the institution has accepted the foreign national to the course or program of study that is indicated in the application for the study permit. Exception (2) Subsection (1) does not apply to a foreign national who applies for a study permit before entering Canada if they are an accompanying family member of a foreign national whose application for a work permit or a study permit is approved in writing before their entry into Canada.
IRPR s.220.1 (1)(a)替换 (所谓的新增加conditions) 新的学习许可将附带条件--包括院校限定!!!(a) they shall enroll at the designated learning institution that is named in their permit and remain enrolled there until they complete their studies; and
IRPR s.222 (1)增添条款A 关于无效学签定义增加内容:不在学签指定院校就读,除了完成当前学校学业之外(a.1) the day on which the permit holder is no longer enrolled at the designated learning institution that is named in the permit, other than as a result of completing their studies;