Twenty-twenty-four appears to be the year that is changing the landscape for foreign students in Canada. The Department of Immigration, Refugees, and Citizenship Canada [IRCC] announced major changes to the foreign student programme in January, sparking uncertainty for international students. However, there is still a long list of study programmes that are post-graduate work permit eligible and there are avenues for migration as well. In fact, Immigration Minister Marc Miller commented on the changes (via MSN), sharing that Canada remains an open country. The goal is to address various domestic concerns while implementing more managed migration policies. Canada’s commitment to immigration will remain, according to the government. 

The changes: A closer look
The requirement of provincial attestation letters [PAL letters] and provincial/territorial caps was introduced in January this year, almost immediately making it difficult to secure a spot in the upcoming student intakes. Most post-secondary educational programmes such as bachelor’s degrees, diplomas and certificate programmes, and postgraduate diploma/certificate programmes require a PAL letter, but elementary/secondary students, master’s or PhD students, and those already studying in Canada do not.

In the same announcement, the IRCC says that graduates of master’s degree programmes are excellent candidates to succeed in Canada’s labour market and potentially transition to permanent residents. Thus, as of February 15, 2024, master’s graduates were made eligible for a longer postgraduate work permit of 3 years even if their study programme was less than 2 years. I do not quite agree with the IRCC assumption that only master’s graduates have an excellent prospect of meeting Canada’s labour market needs and successfully transitioning into permanent residency.
As a Regulated Canadian Immigration Consultant [RCIC] with many years of experience, my practice has shown that many college graduates are far more job-ready and have a better chance of being employed upon graduation. Of course, much depends on the programme of study. Graduates of engineering, IT, culinary, nursing, medical support fields, and trade programmes often secure employment and transition to permanent residency faster.

At the same time, the post-graduate work permit eligibility for students who follow a public school’s curriculum via a private school was restricted. This is a welcoming tool as the Auditor General of Ontario has raised concerns about the lack of oversight into programme quality and student services at private institutions. This change took effect on May 15, 2024.

If a foreign student is seeking a Canadian education, why not attend the Canadian public school that offers the programme, instead of a private institute in Canada that offers the programme on behalf of the public school for perhaps a lesser fee? If the student is physically in Canada, he or she should benefit from the experience and quality offered by the public school firsthand and should not settle for less.

One of the stark changes introduced was, limiting the eligibility of spousal open work permits to the spouses of master’s or doctoral students and students of professional degree-granting programmes. Spouses of students at other levels such as bachelor’s degrees and college programmes were made ineligible for an open work permit. This may affect many young couples who are recently married or young families with small children who are contemplating earning a Canadian educational credential. Naturally, young couples and families do not wish to live apart. I believe young students who once saw Canada as a great choice for tertiary education will now look elsewhere due to the inability to have their families accompany them.

Earlier IRCC announced a decrease in the number of temporary residents—from 6.5% of Canada’s total population down to 5% by 2026. 

On September 18th IRCC announced further restrictions on international students and their family members.

Noteworthy changes are further reduction in the intake cap on international students, limiting work permit eligibility from later this year to spouses of master’s students whose programme is 16 months in duration (not all spouses of master’s students will be eligible), and limiting work permit eligibility of spouses of foreign workers in management or professional occupations or sectors with labour shortages. The list of occupations that have a labour shortage is yet to be announced.

The way forward: Things to keep in mind
Education in Canada is not cheap for a foreign student. Nevertheless, parents and young adults opt for Canada for a multitude of reasons. The quality of education, worldwide recognition of the credential, option of co-op segments and ability to work post-graduation are the contributory factors that set off against the high cost of education in Canada. Study and work experience in Canada also elevates the opportunity to qualify for permanent residence if the student so wishes.

In his most recent announcement, Minister Mark Miller said “The reality is that not everyone who wants to come to Canada will be able to—just like not everyone who wants to stay in Canada will be able to”. This has always been the principle as the visa is a privilege, not a right. The onus is on the applicant to prove that he/she is a bona fide candidate, who merits the issuance of a Canadian study visa and/or a permit.

A study visa application is not simply filling out forms and uploading them with a handful of supporting documents. A careful evaluation must be conducted upfront to evaluate the eligibility of the candidate, which includes his/her education thus far, related work experience if any, financial sufficiency, and most importantly the intentions of the candidate. Then an individualised strategy must be developed to present the candidate’s best case to the IRCC.  In the face of reduced intakes and other restrictions that are in effect, a solid application is vital for a positive outcome.

An experienced industry expert such as an immigration lawyer or a regulated immigration consultant with many years of experience can undoubtedly add value to the evaluation process, strategize and present the application package. Moreover, the authorised representatives are held accountable for their actions by the respective regulatory bodies unlike ghost consultants and agents who are not regulated. Authorised representatives such as Canadian lawyers and regulated immigration consultants file client applications via their representative portals which can accommodate multiple client applications while ghost agents will file the applications pretending to be the candidate, having created a portal under the candidate’s name.

The IRCC has no idea that someone else is doing the work on the application and the applicant is directly liable for mistakes, omissions and other imperfections. The unauthorised agent will not be held accountable for the errors, if any, since there is no record of him/her on the application. Immediate red flags should be raised if your agent is not filing the application via his or her authorised representative portal.

Prime Minister Justin Trudeau says the measures were necessary to crack down on “bad actors” who abuse the system. I am not certain if introducing the caps or separating spouses and children is the best way to combat the issue at hand. Instead, I would think more time, resources and efforts should be employed at the visa screening stage, verification of the authenticity of the applications and supporting documents before a final decision is made by the visa officers abroad.

Lately, it has been widely reported that claims for refugee protection by international students in Canada have significantly increased. The Globe & Mail reports that the number of international students applying for asylum in Canada has shot up dramatically in 2023, according to government figures, and it is on track to be even higher this year.

I do not agree that students should consider the refugee protection system in Canada as an option to seek permanent residence unless they have a well-founded fear of persecution and meet the rest of the criteria. It appears that some of the students who received study permits had no intention of studying in Canada. Instead, they used the study visa to get to Canada so that they could file a refugee claim.

At the same time, I cannot help but think that the affordability of student housing going through the roof, difficulty in finding jobs either as part-time work during studies or full-time positions after graduation, and more importantly beyond reachable CRS scores in the express entry draws may all be nudging some students towards the refugee programme. I have heard horror stories from students about having to pay large sums of money to secure work opportunities and support for permanent residence from certain employers or their intermediaries.

Enhancing tools and facilities at the visa offices abroad for better selection of candidates, affordable housing and making job opportunities more accessible will likely be able to strike a good balance between facilitation and control of the international student programme in Canada, which benefits both Canadian educational institutes as well as bona fide foreign students. Canada deserves to have the right candidates come forward for the right reasons, and the genuine applicant also deserves a fair chance, without being subject to caps, restrictions and prejudices.

Written by Shani Hanwella
Regulated Canadian Immigration Consultant, former Designated Immigration Officer, Canadian High Commission, Colombo, Sri Lanka
(NOVA Immigration Solutions Inc)