International student who worked over the limit or stopped studying: refusals, CBSA reports and your deadline

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published November 10, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 10, 2026: sections 186, 220.1, 221 and 228 of the Regulations checked that day.

If IRCC refused your study permit extension because you did not “actively pursue” your studies, or CBSA wrote to you because you worked more than 24 hours a week during classes, you are dealing with a breach of your permit conditions. The two problems have different rules, but both can end in an exclusion order. What helps is a clear, documented explanation before the decision, and judicial review within 15 days if the decision is wrong. Restoration usually is not an option here.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, reviews study permit refusals and CBSA compliance letters for international students across Canada; this guide is by Prabhpreet Kaur Sangha.

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What are the two conditions?

Studying. Under section 220.1(1) of the Regulations, a study permit holder must enroll at the school named in the permit and “remain enrolled there until they complete their studies”, and must “actively pursue their course or program of study.”

Working. Under section 186(v), an eligible full-time student may work off campus “no more than 24 hours per week during a regular academic session”, and full-time “during a regularly scheduled break between academic sessions.” Work beyond that is work without authorization under section 30(1) of the Act.

What does the letter say?

The wording I see most in these files:

• “Client has not satisfied me that they have fulfilled their study permit conditions to actively pursue their course or program of study according to 220.1(1)”
• “more than 150 days without studies”
• “you are a person in Canada without temporary resident status who is not eligible for restoration”

For working over the limit, the first step is often a CBSA letter saying a report under section 44 may be written, with a chance to answer.

Why this needs a lawyer

One lawyer, one file, every step:

• the written explanation to IRCC or CBSA, with the right legal provisions in it;
• an admissibility hearing, if CBSA refers the report;
• judicial review within 15 days;
• a new application or another route to stay, if the refusal stands.

In Verma, below, the student’s argument in court was a provision she had never raised with the officer. The Court said the officer could not be faulted for that. The argument has to be in the file before the decision.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

Reconsideration is often suggested by people who cannot represent you in the Federal Court. It is discretionary, rarely changes the result and does not stop the deadline.

What are my options?

1. Get the officer’s notes and your school’s enrolment records, to see exactly which period IRCC counted.
2. Answer any letter in writing by its date, with school letters, transcripts, medical records or payroll records that explain the gap or the hours.
3. Deal with section 221 directly. It says a study permit “shall not be issued” to someone who worked or studied without authorization or broke a permit condition, unless six months have passed since that stopped, or another exception applies. If six months have passed, say so, with proof.
4. Judicial review in the Federal Court of a refusal or a removal order. 15 days.
5. Another route to stay if one fits, such as a permit in another category, but only with the breach disclosed.
6. Reconsideration request. Discretionary, rarely changes the result and does not stop the court deadline.

Can CBSA remove me for this?

Yes. For not studying, section 228(1)(c)(v) lets the Minister’s delegate make an exclusion order without a hearing. For working without authorization, the report usually goes to the Immigration Division, which makes an exclusion order if it finds the breach (section 229(1)(n)). An exclusion order means you need permission to return for one year after it is enforced (section 225(1)).

Restoration does not help with a study condition breach: under section 182(2), a student who has not complied with section 220.1(1) cannot be restored.

Can CBSA make an exclusion order on the spot for past unauthorized work or study?

Usually not. The Federal Court has repeatedly held that working without authorization in the past is not a ground on which a CBSA officer can issue an exclusion order directly; the report has to go to the Immigration Division (Paranych, 2018 FC 158; Latchman v. Canada (Public Safety and Emergency Preparedness), 2022 FC 626). In Akl v. Canada (Public Safety and Emergency Preparedness), 2025 FC 1333, the Court applied the same reasoning to studying without authorization: past unauthorized study “may result in the refusal of a visa application but cannot, on its own, justify an exclusion order.” Both exclusion orders were quashed.

That matters if you were given an exclusion order at a port of entry or by a CBSA officer after admitting past work or study. It may be challengeable in the Federal Court within 15 days. What section 221 can do is stop a new study permit from being issued until six months have passed.

What happened in Verma?

In Verma v. Canada (Citizenship and Immigration), 2026 FC 371, a student came to Canada in 2019 to attend one school, never attended, and later studied at another. The officer found she had not complied with section 220.1(1) for about three years and refused her extension. In court, her lawyer relied only on section 221, arguing six months had passed since the non-compliance ended, a point she had never raised with the officer. The Court dismissed the case: it was up to her to make her case for an extension, and the officer did not have to fill the gaps.

The lesson is that the explanation to the officer is where these cases are decided. Anything that could help, including section 221, belongs in that first answer.

Student conditions at a glance

Worked example: the 24 hours

Example. A diploma student in Surrey worked 20 hours a week at one job and 10 at another during her fall term, 30 hours in total. Both jobs count toward the same 24-hour limit, so she was over by 6 hours a week. Her December break was in the school’s published calendar and she was enrolled before and after it, so full-time hours in December were allowed. The fall weeks are the problem, and her answer to CBSA should deal with them honestly.

What to gather

• Enrolment history: a letter from each school with dates, course loads and any approved leave.
• The reason for any gap: medical records, a family emergency, a school closure or a transfer.
• Pay records: pay stubs and timesheets for every job, so the hours can be counted accurately.
• The academic calendar: to show which weeks were scheduled breaks.

Mistakes I have seen

• I have seen students apply to restore after a study breach. Section 182(2) does not allow it, and the fee is lost.
• I have seen students count only one job toward the 24 hours.
• I have seen answers that say “I was compliant” with no records, when the school’s own report showed a gap.
• I have seen students wait for reconsideration while the 15 days passed.

Frequently asked questions

Does an online course count as studying?

It can matter. In Li, 2021 FC 1003, an officer refused a visitor’s study permit application made from inside Canada because a prerequisite course, taken online, was finished after the first six months of the stay. The Court found the officer had mixed up two different rules and did not deal with the online course, and sent it back. Get advice before assuming either way.

Does on-campus work count toward the 24 hours?

No. The 24-hour limit in section 186(v) is for off-campus work. On-campus work is covered by section 186(f).

What counts as a scheduled break?

A break in your school’s published calendar, with you enrolled in the term before and after it.

Can I restore my status after an extension refusal?

Not if the refusal was for breaching section 220.1(1). Section 182(2) excludes it.

Will this affect a PGWP or PR application?

It can. Time out of compliance and unauthorized work can be raised in later applications, and they must be disclosed when asked.

Is there an appeal?

Not to the Immigration Appeal Division for a student. The route is judicial review in the Federal Court.

Related guides

See our guides on an application returned as incomplete, a PGWP refusal followed by a removal order and study permit refusals.

Related guides: restoration refused or out of status and changing schools without a new study permit.

What should I do right now?

Write down the date of the letter or refusal. Ask each school for an enrolment letter and gather your pay stubs for every job. Count your weekly hours term by term before you answer anything.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• Immigration and Refugee Protection Regulations, s. 186 (current to October 19, 2026), s. 220.1, s. 182, s. 221, s. 228, s. 229 and s. 225
• Immigration and Refugee Protection Act, s. 30 and s. 72
• Verma v. Canada (Citizenship and Immigration), 2026 FC 371 (March 19, 2026)
• Akl v. Canada (Public Safety and Emergency Preparedness), 2025 FC 1333 (July 25, 2025)
• Latchman v. Canada (Public Safety and Emergency Preparedness), 2022 FC 626 (April 29, 2022)
• Li v. Canada (Citizenship and Immigration), 2021 FC 1003 (September 27, 2021)

This article is general information, not legal advice. Every case depends on its own facts.