Question Period Note: Fraudulent International Student Permits

There have been recent media reports of international students having received letters from the Canada Border Services Agency advising of their inadmissibility and potential removal as a result of suspected fraudulent documents included with their student visa applications.

•Most international students must apply for a study permit before they come to Canada. Immigration Refugees and Citizenship Canada is responsible for receiving and reviewing the applications then approving the study permit requests that allow international students to travel to Canada.
•All travellers arriving in Canada are obligated by Canadian law to respond truthfully to all questions. Providing false information to a Government of Canada official or making fraudulent attempts is a serious offence and may result in penalties and/or criminal charges.
•The CBSA can confirm that there are a number of active investigations into cases of misrepresentation, including those related to study permits. As these are an ongoing investigations, it would be inappropriate to comment further at this time.

If pressed:
•The CBSA is responsible for investigating allegations of violations of the Customs Act and the Immigration and Refugee Protection Act, focusing on complex cases involving organized fraudulent activity, or a history of non-compliance, and primarily targeting the organizers, facilitators and perpetrators of the crimes and who pose a threat to the integrity of Canada's border legislation.

Most international students must apply for a study permit before they come to Canada. Immigration Refugees and Citizenship Canada (IRCC) is responsible for receiving and reviewing the applications then approving the study permit requests made from overseas, thereby allowing the international student to travel to Canada. IRCC is also responsible for compliance monitoring of students enrolled at Designated Learning Institutions (DLI) once a study permit has been issued: Compliance reporting.

Upon arrival at a Canadian port of entry, travellers must demonstrate to a Canada Border Services Agency (CBSA) officer that they meet the requirements for entry into Canada. A study permit is not a visa and it does not automatically allow an individual to enter Canada. International students may also need a visitor visa or an electronic travel authorization (eTA). When assessing admissibility, CBSA officers consider all relevant factors before making a decision, including the purpose of the travel to Canada. Travellers must have documentation that will provide details of the reason for their travel and any other information that may be relevant. (i.e.: an acceptance letter from designated learning institution (DLI), demonstrate that they have sufficient funds to pay their tuition and support themselves and any dependents, etc.).

Border services officers can also opt not to issue a permit at the port of entry if information related to admissibility arises. Foreign nationals can be inadmissible for security, health or financial reasons. The Agency has a legal obligation to remove all foreign nationals and permanent residents who are inadmissible to Canada under the Immigration and Refugee Protection Act (IRPA) and who have a removal order in force. The process for determining inadmissibility begins with the issuance of a 44 report that outlines the inadmissibility and referral of the report to an authorized decision-maker: Minister’s Delegate or an Immigration Division Member for an admissibility hearing at the Immigration and Refugee Board (IRB) where a determination is made on whether to issue a removal order. Prior to initiating an enforcement action against any individual, the CBSA reviews all relevant factors related to a case. A complete list of reasons for inadmissibility can be found under sections 34 to 42 of IRPA.

As an example of what the Agency has done to address the issue of false documentation, announced by CBSA Quebec Region Enforcement and operational highlights, in 2022 the CBSA enforcement officers uncovered a scheme whereby unsubsidized private college programs were leading foreign students to a post-graduation work permit (for $25,000) with the sole purpose of acquiring permanent residence. This investigation led, on June 7, 2022, to the decision by the federal and provincial governments to tighten the criteria for granting post-graduation work permits. The investigation targeted 11 colleges that were implicated in the fraud. The programs of the federal and provincial governments that issue study permits and then lead to permanent residence have also been re-examined. Effective September 1, 2023, the eligibility criteria for the Post-Graduation Work Permit (PGWP) will be modified for certain programs at certain designated learning institutions (DLIs) Designated learning institutions list - Canada.ca. The school must be approved by a provincial or territorial government before receiving international students.

The mandate of enforcement officers is to support CBSA operations and law enforcement organizations in Canada and abroad, to collect, analyze, collate and disseminate information on activities suspected of contravening Canadian laws, particularly when they pose threats to the health and safety of Canadians and the Canadian economy.

The CBSA can also initiate or provide assistance to criminal investigations. The Agency’s investigators are responsible for investigating allegations of violations of the Customs Act and the IRPA, focusing on complex fraud cases involving organized fraudulent activity, or a history of non-compliance, and primarily targeting the organizers, facilitators and perpetrators of the crimes (which can include human smuggling) and who pose a threat to the integrity of Canada's border legislation.

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