Upcoming changes for international students in Canada
Canada is facing considerable labour shortages resulting from a myriad of factors including its aging population and declining birth rates. As a result, our immigration strategy going forward must help drive the growth of our labour force and economy, and the value of international students cannot be overlooked. In fact, international students contribute hugely – over $20 billion annually – to the economy.[1]
In recognition of this, the Government of Canada has announced new measures that will be attractive to both international students and Canadian employers seeking to address their labour gaps.
Expanded off-campus work eligibility for study permit holders in Canada
Currently, international students are eligible to work off-campus during the course of their studies in Canada if they meet specific eligibility criteria. For example, they must be attending one of Canada’s designated learning institutions on a full-time basis in a program that is at least six months in length and that will lead to a degree, diploma, or certificate. These students do not require a separate work permit, but rather the eligibility to work off-campus will be noted in the conditions section of their study permit. This work eligibility allows international students to support themselves while they complete their studies, gain valuable Canadian work experience, and make connections with employers that may lead to full-time positions after graduation. That said, the eligibility to work on a study permit is limited to 20 hours per week during regular academic sessions (full-time work is only allowed during scheduled academic breaks).
Per the October 7, 2022 announcement from the Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship, a new temporary measure will apply between November 15, 2022 and December 31, 2023 such that international students in Canada who hold a study permit with off-campus work authorization and who meet certain criteria will not be restricted by the 20-hour-per-week limit.
Not only will this allow international students to gain more work experience while attending school, but it also provides additional labour for Canada’s employers, given there are over half-a-million international students presently in Canada.[2] Note, that this announcement does not appear to change the fact that Canadian work experience gained as a full-time student cannot be counted towards an Express Entry score.
That said, international students must be cautious that they maintain full-time student status, even when taking on additional work hours.
Automated processing of study permit extension applications
Additionally, Immigration, Refugees and Citizenship Canada (“IRCC”) is also launching a new pilot project to explore the benefits of automating study permit extension applications. Students who are already in Canada on a valid study permit may need to apply online from within Canada to extend their student status. Given these individuals have already applied and been approved for temporary resident status as students, the extension applications typically have very high approval rates. Therefore, IRCC is leveraging automation technology to expedite processing of these straight-forward applications to ultimately reduce backlogs and improve processing times. Complex applications will still be reviewed manually, and refusals will always come from an officer despite this pilot. If the pilot is successful, there is potential for future expansion.
This update is intended for general information only. If you have further questions about these programs or are an employer seeking to support your workers, please contact a member of our Immigration Group.
Click here to subscribe to Stewart McKelvey Thought Leadership.
[1] https://www.canada.ca/en/immigration-refugees-citizenship/campaigns/immigration-matters/track-record.html
[2] https://www.canada.ca/en/immigration-refugees-citizenship/news/2022/10/international-students-to-help-address-canadas-labour-shortage.html
Archive
By Levi Parsche As 2022 winds to a close, it’s a good time to review some of the legislative changes that have impacted Atlantic Canada in the last year — and consider what’s ahead for…
Read MoreBy Kevin Landry and Colton Smith The Bank of Canada (“BoC”) has announced the supervisory framework (the “Framework”) it will use to oversee payment service providers under the Retail Payments Activities Act. The Retail Payments Activities…
Read MoreBy John Samms, Stuart Wallace and Dave Randell On December 14, 2022, the Newfoundland and Labrador Department of Industry, Energy and Technology announced the launch of a Crown land call for bids for wind energy…
Read MoreWe are pleased to present Beyond the Border: A Year End Immigration Wrap-Up. Compiled by lawyers from our Immigration team, this 2022 update covers topics including a look back at the end of pandemic restrictions…
Read MoreNote: this is an update to a previously posted Thought Leadership piece from November 2020 to reflect the delayed coming into force of these proposed changes, as well as additional information that has become available. …
Read MoreAs part of our presenting sponsorship of the 2022 Halifax Chamber of Commerce Annual Fall Dinner, lawyers in our Immigration group compiled a series of Thought Leadership articles drawing on the themes of population retention…
Read MoreBy Brittany Trafford and Michiko Gartshore On November 16th, 2022 the Federal Government switched to the 2021 National Occupational Classification (NOC) structure from the prior 2016 version. The NOC is Canada’s national system used to…
Read MoreAs part our presenting sponsorship of the Halifax Chamber of Commerce’s Annual Fall Dinner, we are pleased to present a series of thought leadership articles highlighting the dinner’s themes of immigration, recruitment, and labour market…
Read MoreKevin Landry, Charlotte Henderson, and James Pinchak The governance of Artificial Intelligence (AI) is entering a new era since the Canadian Government first announced a digital charter in 2019 as part of a larger-scale overhaul…
Read MoreWe are pleased to present the eleventh issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. With a new academic year well underway, the Atlantic Region is finally seeing…
Read More