This newsletter typically addresses issues relating to ‘corporate immigration’ in Canada, that is, issues dealing primarily with work permits and economic class permanent residence. Recently, however, there have been some updates in the area of study permits (and related work issues) that may be of interest to those dealing with foreign workers, given that the changes may impact work issues for students – while they study, or after they complete their studies.
Some notable changes to the study permit system are:
- A cap will now be established for the number of study permits to be issued. For 2024, the cap will be 360,000.
- Further, the cap will be subdivided into allowances per province, based on weighted population calculations.
- Current study permit holders will not be affected.
- Those studying at the elementary, secondary, master’s or doctoral levels will not be subject to the cap.
- The program is set to run for two years under this model, and then be re-evaluated.
- Every study permit application will now require an attestation letter from a province or territory (the format of which is to be established by each province by March 31, 2024).
- Off-campus work, which had temporarily been allowed without restriction since late 2022, will again be limited to 20 hours per week for full time students, after April 30, 2024.
- There are some details depending on the date of application, but for our purposes, this is the general rule.
- Full time work during breaks (e.g. summer) will continue to be allowed.
The bigger issues, from a corporate immigration/employer of foreign worker perspective, relate to the Post Graduate Work Permit (PGWP) program, which allows students to work in Canada after they complete their studies. In that regard:
- Beginning September 1, 2024, foreign students who start a program that is part of a curriculum licensing arrangement will no longer be eligible for a post graduate work permit after graduation. Under curriculum licensing agreements, students physically attend a private college that has been licensed to deliver the curriculum of an associated public college.
- Graduates of master’s degree programs will be eligible to apply for a 3-year work permit (rather than be limited based on the length of the program, as is otherwise applicable).
- Open spousal/partner work permits will be available only to spouses/partners of foreign students in master’s and doctoral programs.
Foreign students, and prospective employers, should of course be aware of such issues to ensure that they remain in compliance when seeking work/hiring, respectively.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.