Canada Announces Significant Changes to International Student Visa Program
On January 22, 2024, the Canadian government announced changes to the international student visa program effective for a temporary period of two (2) years. The changes are aimed at reducing pressure on housing and reinforcing the integrity of the program, addressing reports of private colleges with exploitative recruitment practices.
2-Year Cap on New Study Permits
Effective immediately, the federal government is implementing a national application intake cap to reduce international student intake by 35% over the next two years. The cap is expected to result in approximately 360,000 approved study permits for 2024. Immigration, Refugees and Citizenship Canada (IRCC) will apply the cap across provinces on a per capita basis. Each province will then distribute its permitted allocation of international students among designated learning institutions (DLIs). The new federal per capita caps are expected to distinguish DLIs from the private colleges that have curriculum licensing agreements with public institutions, and have been found to offer fraudulent programs and false promises of guaranteed employment. Ontario and British Columbia are expected to see the largest cuts to foreign student populations as both provinces currently accept the highest number of students.
Exemptions to the Cap
Students pursuing master’s and doctoral degrees are exempted from the cap. The cap will also not apply to current study permit holders who are eligible to renew their permits as well as dependent children holding elementary and secondary school permits.
Provincial Attestation Requirement
To implement the cap, every study permit application submitted from January 22, 2024 will require an attestation letter issued by the choice institution’s province or territory. The government has set a deadline of March 2024 for provinces and territories to establish a process for issuing attestation letters to students.
Post-Graduation Work Permit Eligibility
Starting September 1, 2024, graduates of private colleges holding curriculum licensing agreements with public colleges will no longer be eligible for a Post-Graduation Work Permit upon graduation.
Master’s and doctoral program graduates, in addition to graduates of short graduate-level programs, will be able to apply for a 3 year Post-Graduation Work Permit. Currently, Post-Graduation Work Permit durations are tied to the length of the applicant’s study program.
Spousal Open Work Permit Restriction
Only accompanying spouses of students pursuing masters and doctoral programs as well as professional medicine and law programs will be permitted to apply for a spousal open work permit. Spouses of international students enrolled in undergraduate and college programs will no longer be eligible for work permits. IRCC will confirm the effective date of these measures in the weeks to come.
What this means for our clients:
Companies employing foreign students in private college programs should consider employer-sponsored work permit options to retain these employees after graduation. Work permit applications will need to be started in advance of graduation by sponsoring companies so that employees can begin timely employment after graduation. Early planning is also recommended since many companies will need to ensure they meet IRCC’s business legitimacy requirements for supporting work permits. Employers may also wish to build a hiring strategy around foreign students of accepted programs that are eligible for a Post-Graduation Work Permit following graduation.
It remains to be seen how the spousal open work permit restriction will affect spouses that are currently in Canada. Ideally, IRCC will implement an extension option for these work permit holders. However, if the work permits cannot be extended, employers who have spousal open work permit holders on payroll may also need to offer work permit sponsorship or assistance with permanent residence for these individuals to have continued work authorization.
Olivia Adamski
Attorney (Licensed in Ontario)
Olivia Adamski is a business immigration attorney focused on helping clients bring talent to Canada. She enjoys assisting individuals and corporations navigate the complex Canadian immigration landscape and all aspects of cross-border planning. Olivia has developed a comprehensive knowledge of Canadian immigration law and has been regularly retained to deal with thorny legal scenarios involving inadmissibility, status and compliance.
Olivia@golawcorp.com.