Skip to content

Upcoming changes for international students in Canada

By Kathleen Leighton

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

SHARE

Archive

Search Archive


 
 

Labour and Employment webinar – Mandatory vaccinations: Calling the shots

September 3, 2021

Employers are navigating uncharted territory when it comes to COVID-19 vaccines, from employee health and safety, to workplace policies, privacy and human rights concerns, a panel of Firm lawyers sit down and explore the complicated…

Read More

Final report of advisory committee on open banking

August 26, 2021

Kevin Landry and Annelise Harnanan (summer student) Recently, the Advisory Committee on Open Banking released the Final Report of the Advisory Committee on Open Banking, (“Report”) confirming its intention to implement a broader, more modernized…

Read More

Termination for just cause: do employers need to investigate? McCallum v Saputo, 2021 MBCA 62

August 25, 2021

Kathleen Nash In a recent decision, McCallum v Saputo,¹ the Manitoba Court of Appeal confirmed that an employer does not have a “free-standing, actionable duty” to investigate an employee’s conduct prior to dismissal.² The Court of Appeal held…

Read More

Canadian border re-opening: phased approach for fully vaccinated travellers

August 25, 2021

Brendan Sheridan The Government of Canada is undertaking a phased approach to re-opening the international border. While the government has had limited exemptions to the travel prohibitions throughout the pandemic, the loosening of the restrictions…

Read More

IIROC and MFDA merging into one singular self-regulated organization

August 13, 2021

Kevin Landry On August 3, 2021 the Canadian Securities Administrators (“CSA”) announced plans to combine the Investment Industry Regulation Organization of Canada (“IIROC”) with the Mutual Fund Dealers Association of Canada (“MFDA”). This move will…

Read More

Right time to strike – Courts less reticent to strike pleadings in Newfoundland and Labrador

August 12, 2021

John Samms, with the assistance of Olivia Bungay (summer student) In a recent decision, S.D. v Eastern Regional Integrated Health Authority, 2021 NLSC 100, the Supreme Court of Newfoundland and Labrador denied the Plaintiff’s application…

Read More

What employers and employees need to know about election day in Nova Scotia

August 12, 2021

Richard Jordan and Folu Adesanya The 2021 Nova Scotia general election will be held on August 17, 2021. With the election looming, many Nova Scotians will be wondering the same question: “Am I entitled to…

Read More

Labour & Employment podcast episode #2: “The Federal Pay Equity Act and Regulations”

August 3, 2021

In the second episode of our labour and employment podcast, Workplace Issues in Atlantic Canada: A Legal Perspective, host and practice group leader Rick Dunlop speaks with Annie Gray and Dante Manna about the Federal…

Read More

Volleyball coach reinstated after recruiting student athlete charged with sexual assault

July 30, 2021

Included in Discovery: Atlantic Education & the Law – Issue 08 Clarence Bennett It is increasingly difficult to reconcile the rights of a student charged with sexual assault, with the rights of the victim, along…

Read More

In the strictest confidence: reviewing confidentiality clauses with a view to fostering engagement and limiting risk

July 28, 2021

Included in Discovery: Atlantic Education & the Law – Issue 08 Jacob Zelman Striking the proper balance Public discourse around instances of sexual violence is at an all-time high. In the wake of the #MeToo…

Read More

Search Archive


Scroll To Top