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
In a case where there is a contributorily negligent plaintiff and two or more negligent defendants, can the plaintiff recover 100% of her damages from any of the defendants? The answer in Nova Scotia is…
Read MoreOn Friday, the Province of New Brunswick announced that it would not proceed at this time with the recently proposed changes to binding interest arbitration. The Province announced that a joint labour management committee will be struck to examine…
Read MoreOn March 29, 2016, the Province of New Brunswick tabled proposed changes to the Industrial Relations Act and the Public Services Labour Relations Act. If passed, these changes would dramatically alter well-established principles of private sector collective bargaining.…
Read MoreBy Jennifer Taylor Why is this case a big deal? It started with two salmon. Now, after several years of litigation, the Nova Scotia Provincial Court in R v Martin, 2016 NSPC 14 has stayed proceedings against…
Read MoreTHE EDITORS’ CORNER Michelle Black and Sean Kelly One day, the line between mental and physical disabilities may not be so pronounced, but, for now, distinctions are still drawn between Employee A with, for example, diabetes and…
Read MoreBy Lisa Gallivan Employees can be your biggest asset, if you hire the right people. This can often be one of the biggest decisions that you make as a business owner or employer. The “right” employee…
Read MoreBy Burtley Francis and Kathleen Leighton Order Up: Apple, P.I. Recently, the public safety versus personal privacy debate has been brought to main headlines. Apple is facing a court order (available here) requiring the company to assist the FBI in the investigation of…
Read MoreIn preparing for the 2016 proxy season, you should be aware of some regulatory changes and institutional investor guidance that may impact disclosure to and interactions with your shareholders. This update highlights what is new…
Read MoreBy Burtley Francis and Michael MacIsaac You remember Left Shark… The Super Bowl is a lot of things to a lot of people and is arguably the most anticipated event of the year that is not a holiday…
Read MoreBy Jennifer Taylor Summary The Canada Industrial Relations Board recently held that it had no jurisdiction as a federal board to certify a bargaining unit comprised of fisheries employees of the Waycobah First Nation. The decision…
Read More