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
Brendan Peters Domain names are the addresses we type into our internet browsers to be taken to a website, like ‘stewartmckelvey.com’. Even easy-to-remember domain names can be confused with similar ones, making them a vector…
Read MoreAmendments to come for more flexibility to correct contribution errors in defined contribution plans
Level Chan and Rachel Abi Daoud On February 4, 2022 the federal government released a set of draft legislative proposals (“Draft Legislation”) amending the Income Tax Act (“Act“) and Income Tax Regulations (“Regulations“). The draft…
Read MoreIncluded in Beyond the border: Immigration update – February 2022 Brittany Trafford There are many advantages to employing temporary foreign workers (“TFW”) in Canada to address labour gaps and skills shortages, but employers who undertake…
Read MoreIncluded in Beyond the border: Immigration update – February 2022 Brendan Sheridan The majority of foreign nationals coming to work in Canada require a work permit to provide their services with limited exceptions. While there…
Read MoreMark Tector and Will Wojcik On February 23rd, 2022, the Government of Nova Scotia announced that it will remove all public health restrictions by March 21, 2022, putting an end to approximately two years of…
Read MoreProvincial mandates, and the advice of public health have required employers to constantly adapt and implement changes to their workplace for the better part of the last two years – it isn’t over yet. Revocation…
Read MoreIncluded in Beyond the border: Immigration update – February 2022 Brendan Sheridan Employers applying for Labour Market Impact Assessment (“LMIA”) applications generally must complete advertising and recruitment as part of this application. The minimum advertising…
Read MoreIncluded in Beyond the border: Immigration update – February 2022 Sara Espinal Henao The Atlantic Immigration Pilot Program has finally become a permanent immigration pathway. Designated employers in Atlantic Canada will be able to continue…
Read MoreAndrew Burke, Colleen Keyes, Gavin Stuttard and David Slipp As clients prepare for the upcoming proxy season, COVID-19 continues to impact our business and personal lives. Consequently, companies may need or decide to hold shareholder…
Read MoreKatharine Mack On January 1, 2021 the Workplace Harassment and Violence Prevention Regulations (“Regulations”) under the Canada Labour Code came into effect. These Regulations significantly expanded obligations of federally regulated employers with respect to preventing…
Read More