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Cap for international students will stay: Canada introduces curbs on post graduate work and spousal work programs

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The international student cap is here to stay,” announced Marc Miller, Canada’s immigration minister, while addressing a press conference late at night on Wednesday. He then went on to announce several additional measures meant to “manage the volume of temporary resident arrivals (which also includes temporary workers and students), uphold the integrity of our immigration system and protect vulnerable people".

Students from India are a significant cohort of the international student community. These measures which go much beyond a cap restriction and extend to amendments in the post graduate work program (PGWP) and work eligibility for spouses, will deter many aspiring students.

The number of temporary residents in Canada has grown exponentially over the last few years from about 437,000 individuals in 2019 alone to about 1.2 million in 2023, the underlying objective behind the new proposals for temporary workers and international students is achieve a decrease in the number of temporary residents from 6.5% of Canada’s total population to 5% by 2025. According to Miller, “The measures we have taken up to now are working,” but he continued that much more was needed to be done to achieve this target.

Cap on number of international students
In January, the international study permit intake cap was imposed for the first time. For 2024, the cap was expected to result in approximately 360,000 approved study permits, a decrease of 35% from 2023.

Last night, Miller announced a further reduction in the intake cap on international student study permits for 2025 based on a 10% reduction from the 2024 target of 485,000 new study permits issued. For 2025, this means reducing study permits issued to 437,000. This would be followed by stabilizing the intake cap for 2026, to ensure that the number of study permits issued remains the same as 2025.

He pointed out that the number is higher (as against the January announcement) because “We are carving in masters and Phd programs.” In other words, the 2025–2026 study permit intake cap will include masters’ and doctoral students who will also now have to submit a provincial or territorial attestation letter. In a release, Immigration Refugees and Citizenship Canada (IRCC), the immigration arm of Canada’s federal government added, “We will be reserving approximately 12% of allocation spaces for these students (masters’ and doctoral) in recognition of the benefits they bring to the Canadian labour market.”

“Over the next three years, this will yield 300,00 fewer study permits – I think this is important,” pointed out Miller.

Post-graduate work permit (PGWP) eligibility
This is being updated from this fall to better align with immigration goals and labour market needs. Miller said that for prospective students – those applying for PGWPs on or after Nov 1, the permit will depend on the level of study.

“Graduates from bachelors, masters and doctoral programs will continue to be eligible for a PGWP for up to three years,” he said. He explained that such students are able to transfer their knowledge and skills and better adapt to changing economic circumstances over a long term.

International students who graduate from college certificate or diploma programs– will no longer be eligible for a PGWP unless their work is linked to areas of high labour market demand, as designated by each province or territory.

In addition, as part of changes to the PGWP Program, all applicants will be required to demonstrate a minimum language proficiency in French or English. This will increase their ability to transition to permanent residence and adapt to changing economic conditions. A Canadian Language Benchmark (CLB) level 7 for university graduates and CLB 5 for college graduates will be required for anyone applying for a post-graduation work permit on or after Nov 1, 2024.

Miller said this was a strict requirement which was very important if we are to continue the success stories of integration into Canadian society.

Manish Kapoor, a regulated Canadian immigration consultant, told TOI, “I don't understand why there's a need to test English/French language for the students to be eligible for PGWP since they have already graduated in Canada.”

Ken Nickel-Lane, founder of an immigration services firm, told TOI, “It’s clear that the government wants to notably reduce the ability of foreign nationals to use colleges on the lower end of the educational spectrum as a vehicle to permanent residency. PGWPs will only be granted to those in University programs (bachelors, masters and doctoral), exceptions at the college level will be those graduating from programs that lead to filling high demand jobs, presumably trades and similar.”

Kapoor adds, “IRCC is limiting the eligibility criteria for a PGWP to be issued to the field of study. Consequently, only certain programs will be opted by students, as almost all international students tend to gain Canadian work experience after their study. If the other students are deprived of this basic feature, why would the international students pay four times higher tuition fees as compared to domestic students?”

“Overall, Canada is currently on a mission to reduce the number of temporary residents significantly over the next 3 years. I believe IRCC don't need to reduce caps on international students, these measures will automatically drop down the numbers,” summed up Kapoor.

Miller mentioned that these requirements will result in 175,000 fewer PGWPs over a three year period.

Limiting work permit eligibility for spouses
In April 2024, IRCC stopped issuing open work permits for spouses of international students, except those in master’s degree and doctoral programs and other certain professional degree programs. However, it was not conditional on the program’s duration.

Work permit eligibility will be limited, effective later this year (date not yet announced), to spouses of international students in master’s degree programs, only if the duration of the program is of at least 16 months. An open work permit allows holders to work anywhere and for most employers in Canada.

In addition it is also proposed that effective later in 2024, open work permits will only be available to spouses of foreign nationals who are in managerial or professional occupations or in sectors with labour shortages who have been hired under Canada’s Temporary Foreign Workers Program or International Mobility Program.

Summing up
“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. We are taking action to strengthen our temporary residence programs and roll out a more comprehensive immigration plan to meet the demands of today’s changing landscape. Our immigration system must preserve its integrity, and be well managed and sustainable. And as we look forward, we will do everything it takes to achieve that goal and set newcomers up for success,” summed up Miller.

The immigration levels plan is a strategic plan that outlines the number of permanent residents Canada intends to admit each year, as well as the policies and programs that will help them integrate. For the first time, this plan, which will be released on November 1, will also include temporary workers. The target numbers may show a decline both for permanent and temporary residents, state immigration experts.

Last November, recognising the need to factor in the housing crisis and growing stress on infrastructure, Canada’s immigration levels for the coming three years (2024-2026) had remained unchanged without any uptick. Canada sought to welcome 4.85 lakh new permanent residents in 2024 and 5 lakh in 2025. The number of new permanent residents was then to plateau at 5 lakh in 2026.

Nickel-Lane states, “While these changes may have some incremental impacts on the housing market over time, and may reduce pressure on healthcare and schools, the effects will not be seen for some time. Certainly not quickly enough to save the current Liberal government, and when we do see an election and what is widely expected to be a Conservative majority government these announcements may be somewhat meaningless depending on the timing of an election. Doubtless, a new Conservative government will seek to make its own mark on the immigration portfolio, and it is likely to be more aggressive with the changes, perhaps to all but those directly impacting the business community.”
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