Canada has experienced a large amount of population growth in recent years, and this population growth has been largely fueled by immigration into Canada. Since the end of the COVID-19 pandemic era immigration restrictions, immigration into Canada has increased drastically, as Canada’s population grew by 3.2 percent in 2023, the largest percent increase in any year since 1957.

The Canadian Government acknowledged that a lot of the population growth resulted from relaxing immigration regulations in order to help Canada address the severe labour shortages that were facing the country. However, it is not just workers that have been driving Canada’s population increase as there are also increased numbers of asylum seekers and international students as well.

However, after this period of explosive growth, there have been efforts to curtail the stem of immigration. The Government of Canada has been observing a new overlying trend in immigration policy which has been to reduce the number of immigrants in Canada, and coming into Canada. This trend in shaping immigration policy has led to the passing of new rules and regulations that impact immigrants in Canada across the immigration spectrum.

Cap on Study Permits and Post-Graduate Work Permit Eligibility

Earlier this year, the Government of Canada made history when it announced that for the first time, a cap on international students would be instituted across Canada. The cap was instituted for 2024 and the result of the cap was to decrease the number of study permits issued throughout Canada. The number of study permits issued varies by province, and most study permits are assigned to public colleges and universities.

Given that this was the first time that a study permit cap was issued in Canada, it was unclear as to whether the cap would be permanent, or just a temporary measure to bring study permit numbers back down, since last year Canada had over 900,000 international students.

According to Immigration Minister Marc Miller, the study permit cap will remain in force for 2025, and possibly beyond as indicated in his speech on September 18, 2024. The cap on study permits for 2025 has been determined to be 437,000 for all of Canada, spread throughout the provinces and territories. This number represents a 10% decrease from the 2024 cap of 485,000 study permits, and Immigration, Refugees and Citizenship Canada expects that 300,000 fewer study permits will be issued over the next few years as a result of the cap.

Master’s and PhD Students

There was a further change made regarding the updated cap and how it will apply to Master’s and PhD students. Applicants will now require a Provincial Attestation Letter, after previously being exempt from the requirement when it was first instituted. A Provincial Attestation Letter must be submitted with the study permit application. A study permit allocation document is issued by a province confirming that the province has room for a new study permit application within its allocation. Approximately 12% of the allocation space is to be reserved for Master’s and PhD students.

Post-Graduation Work Permit Eligibility

There have been further changes to Post-Graduation Work Permit eligibility. Now, applicants for a Post-Graduation Work Permit will need to show their language skills and meet the Canadian Language Benchmark score commensurate with the institution they graduate from. University graduates will require a Canadian Language Benchmark score of 7 whereas college graduates will require a Canadian Language Benchmark score of 5.

Study Permit Pilot Project

Although immigration regulations are generally being tightened, a new pilot program came into effect recently that will be beneficial for those who have applied for study permits and been rejected. The Study Permit Pilot Project came into effect on October 1, 2024, and it allows for those who have had their study permit rejected to apply for leave and judicial review of the study permit refusal to complete the judicial review of their application in a streamlined fashion. As it currently stands, the processing time for judicial review of a study permit refusals is 14-18 months, and the pilot will reduce this processing time to under five months.

As part of the pilot program, requests for leave and judicial review will be considered at the same time. In addition, filing for judicial review will only cost $50. So, for those who have received a letter of refusal on a study permit application from Immigration, Refugees and Citizenship Canada, the new pilot will allow them to contest the refusal in a more efficient way.

Reduction in Spousal Open Work Permits

Part of the September 18, 2024 speech from Immigration Minister Marc Miller touched on Spousal Open Work Permits. There is a rule change that will limit the eligibility for spouses of students in PhD and Master’s programs to receive an open work permit. Work permit eligibility is going to be limited to spouses of Master’s degree students whose program is at least 16 months in duration. According to Minister Miller’s speech, this will result in 50,000 fewer work permits being issued over the next three years.

Spouses of international students can apply for work permits if their spouse is studying in certain professional degree programs. The programs through which spousal open work permits are available are: Doctor of Dental Surgery, Bachelor of Law or Juris Doctor, Doctor of Medicine, Doctor of Optometry, Pharmacy, Doctor of Veterinary Medicine, Bachelor of Science in Nursing, Bachelor of Education, and Bachelor of Engineering.

Furthermore, in order to apply for a spousal open work permit, the applicant needs to provide Immigration, Refugees and Citizenship Canada with a letter of acceptance from their spouse’s designated learning institution, a proof of enrolment letter and transcripts from their current program.

Looking to the Future of Immigration

The next Immigration Levels Plan is set to be announced on November 1, 2024. The Immigration Levels Plan for 2024-2026 will provide more clarity regarding the Government of Canada’s plans for immigration for the next few years.

Contact Garson Immigration Law for Canadian Immigration Assistance

Garson Immigration Law is a Toronto-based law firm that helps people find solutions for their immigration needs, such as obtaining permanent residence in Canada and overcoming inadmissibility. Our focus on immigration allows us to understand the unique concerns and obstacles faced by our clients. Our skilled immigration lawyers have extensive expertise in all immigration matters, including work permits, student visas, and US immigration from Canada. If you have any questions about an immigration matter, do not hesitate to contact us online or call us at 416-321-2860.