Immigration Policy Updates – Study Permit and Post-Graduation Work Permit (PGWP) Reforms (November 2024)

As one of the most popular destinations for international students and immigrants, Canada’s federal immigration department introduced a series of significant policy changes between August and October 2024, specifically targeting study permit and Post-Graduation Work Permit (PGWP) policies. These changes are set to impact tens of thousands of international students, affecting not only their studies but also their opportunities to work in Canada after graduation, and potentially influencing their eligibility for permanent residency.

These reforms aim to uphold the fairness and transparency of Canada’s visa system, preventing certain individuals from exploiting geographic advantages to bypass the rules, thus protecting the rights of legitimate applicants. The temporary regulations introduced during the pandemic led to some misuse of the visa system, prompting the need for these adjustments. The reforms also aim to align Canada’s academic environment and labour market with long-term needs by selecting top-tier international talent in advance.

The primary goal of these changes is to select the most outstanding candidates from every field, ensuring that Canada’s human and economic development is driven by highly skilled and capable individuals. Whether in technology, healthcare, engineering, or business, attracting and retaining talent is crucial for Canada’s economic growth and social well-being. The following sections will delve into the specific federal regulations effective from November 1, 2024.

Significant Changes to Study Permit Policies

As of September 2024, the maximum number of weekly off-campus work hours for eligible international students has been increased from 20 to 24 hours per week. This change is intended to provide students with more financial support and encourage stronger ties with the local labour market. However, it’s important to note that if a student’s school doesn’t start until October 2024, they are not permitted to work off-campus during September.

For those planning to apply for graduate programs in Canada, starting in 2025, master’s and PhD students will be included in the overall quota for international students. This means that competition for admission to these programs will become fiercer, as spots will be awarded based on merit. The government has reserved up to 12% of the total annual quota for master’s and PhD students to ensure Canada continues to attract high-level research talent. This move is part of a broader strategy to attract top international scholars and foster innovation and research in Canada.

Additionally, from September 1, 2024, international students enrolled in private institutions must double-check if their programs still qualify for PGWP eligibility. Many private institutions have lost their eligibility, meaning students may no longer be able to apply for a work permit upon graduation if they attend these schools.

Transition from Study Permits to PGWP and Major PGWP Policy Adjustments

Regarding the PGWP, Immigration, Refugees and Citizenship Canada (IRCC) implemented a rule on June 21, 2024, banning the practice known as “flagpoling” to fast-track PGWP approval. Flagpoling involves international students briefly leaving and re-entering Canada to bypass normal visa processing procedures. This practice not only adds unnecessary workload to the Canada Border Services Agency (CBSA) but also creates unfair competition for other applicants who follow standard procedures.

Unfortunately, in 2024, there are no new provisions allowing PGWP holders to extend their work permits unless the original permit was shortened due to passport validity issues. This has created a challenge for students planning to use the PGWP to accumulate Canadian work experience as a pathway to permanent residency. Proper visa planning will be essential for these students.

From November 1, 2024, PGWP applicants will be required to provide proof of language proficiency in either English or French. Besides the traditional IELTS and CELPIP tests, PTE has been added as an accepted English proficiency test. French language applicants can choose between the TEF and TCF exams. Additionally, from November 1, 2024, study permit applicants will need to ensure their programs are not only listed under DLI (Designated Learning Institutions) and PGWP eligibility but are also included in the CIP (Classification of Instructional Programs) list. This additional requirement will necessitate more careful program selection by students.

Transition Strategies for Non-PGWP Eligible Students and Post-PGWP Work and Residency Options

For students whose programs do not meet the new PGWP eligibility requirements, there are still several ways to extend their stay in Canada. One common approach is to extend their study permits or apply for a Co-op work permit, allowing them to continue gaining Canadian work experience while studying. This experience can be valuable when transitioning to other work permits, such as the LMIA-supported employer-sponsored work permit or a working holiday visa.

The Young Professionals program offers another viable option. This program allows young professionals to obtain a valid work permit and gradually transition to a longer-term visa, such as the LMIA employer-sponsored work permit or a working holiday visa. For those planning to remain in Canada for the long term, this can be a strategic pathway toward permanent residency.

For those with less than six months remaining on their PGWP and who wish to stay in Canada, it’s crucial to begin seeking extension options as early as possible. Applying for a working holiday visa is one option; although it’s typically a one-year visa, some citizens of certain countries may be eligible for a one-year extension. This provides additional time to secure a more permanent work opportunity, either through an LMIA-supported employer-sponsored work permit or by applying for permanent residency.

Applicants who have already submitted their federal or provincial nomination applications should apply for a Bridging Open Work Permit (BOWP) as soon as they receive their application file number. This ensures their current work rights are not interrupted while their permanent residency application is processed.

Additionally, applicants are encouraged to register with Job Bank Canada and the Express Entry system. According to the latest policy update from October 22, 2024, the government will assist eligible employers in selecting highly skilled and committed international talent through the Express Entry system, which will also streamline processing times.

Conclusion

While it may appear that Canada is tightening its immigration policies by reducing the number of temporary and permanent resident spots and imposing stricter regulations, the reality is that these changes are designed to select the most talented international individuals early on, ensuring they can make meaningful contributions to Canada’s long-term development.

The policies and procedures discussed in this article involve a considerable degree of legal and professional knowledge. It is strongly recommended that anyone with immigration-related needs consult with a licensed immigration consultant or lawyer. These professionals are regularly updated on the latest regulatory changes by various government departments and can provide the most accurate and professional guidance.