Category: Study Permits

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Study Permits

Cap on International Student Admissions Under Consideration by the Federal Government

Lecture hall representing possible cap on international students

Each year, Canada welcomes hundreds of thousands of international students into the country to study at post-secondary institutions from coast to coast. This number has continued to rise in recent years, as Canada hosted more than 800,000 international students in 2022, which was a substantial increase from the 600,000 international students in 2021. Prior to the COVID-19 pandemic, in 2019, Canada hosted approximately 400,000 international students.

Since the pandemic, Canada’s policy towards international students has been clear. The country has been trying to attract more international students. However, in order to come to Canada on a study permit, potential international students must provide proof of acceptance into a designated Canadian Learning Institution and establish they have sufficient funds to pay tuition and living expenses for themselves, along with any accompanying family members, throughout the duration of their stay. Programs such as the Student Direct Stream have been implemented in order to make the immigration process easier for international students and are also indicative of the Canadian Government’s intent to increase student immigration over the past few years.

Policy Considerations of Increasing Numbers of International Students in Canada

The number of international students in Canada has almost doubled since 2019 and has been a divisive matter for both the Canadian public and the Canadian Government. There are several proponents associated with the arguments to increase and decrease immigration into Canada – part of which is impacted by the discussion of the amount of international students Canada is prepared to host each year.

Arguments for Increasing International Student Numbers

In some ways, the increase in international students is good for the Canadian economy and other nationwide goals. International students provide a large amount of revenue to post-secondary education institutions as they are typically charged higher tuition rates than domestic students. Further, international students contribute to Canada’s overall goal of building national diversity within the country, thereby enriching Canada’s culture. International students also provide Canada with skilled labour and professionals, as they may choose to remain in Canada following their graduation if they apply for and successfully obtain a post-graduation work permit. Given Canada’s labour shortages in certain key professions, having domestically educated and trained workers to fill those roles is beneficial to both Canada’s economy and society.

Arguments for Decreasing International Student Numbers

Despite some of the arguments made in support of increasing the number of international students in the country, Canada’s expansionist policy in relation to increasing the number of study permits that are issued has caused some negative sentiment in relation to the policy and its impact on Canadian society. Detractors of the increased issuance of study permits to international students lends itself to a variety of issues in order to argue against the policy. Of important focus is Canada’s ongoing housing crisis, which has been exacerbated by international students seeking accommodations across the country. Concerns have been raised that the learning institutions that admit these students are not taking enough responsibility with respect to their housing. Many schools have far more students enrolled than they have space in student residences, which creates housing pressure on the municipality in which the school is located and subsequently impacts local residents.

Federal Government Consideration of a Cap on International Students

One of the ways in which the Canadian Federal Government is considering addressing these concerns is by implementing a cap on the number of international students who may enter Canada each year. When asked about implementing a cap on international students, Federal Housing, Infrastructure and Communities Minister Sean Fraser commented that it is “one of the options that we ought to consider.” The Honourable Mr. Fraser is the former minister of Immigration, Refugees and Citizenship and is well aware of the issues arising from the substantial presence of international students in Canada, as well as the housing crisis.

Currently, there is no concrete plan for limiting or capping international student admissions into Canada, as the discussions in the Canadian Federal Government are of a preliminary nature. While it is unclear exactly what it would look like if the cap was implemented, it could take a few different forms. International students could be capped on a total level, meaning the number allowed into Canada throughout Canada would be limited to a certain number, or it could be specifically tailored to certain areas. It is also possible that designated learning institutions may each be capped on the amount of international students they are permitted to admit. Alternatively, a cap may apply to the students’ countries of origin, limiting the number of study permits issued per country. Of course, it remains to be seen if and how a cap on international students is implemented and how it will impact Canada’s immigration, economy, labour market, and housing crisis.

Contact Garson Immigration Law for Advice on Canadian Immigration Requirements and International Student Options

Garson Immigration Law is a Toronto-based law firm that helps individuals determine the best strategy to achieve their immigration needs. The skilled immigration lawyers at Garson Immigration Law have extensive expertise in many immigration matters, including work permits, student visas, and US immigration from Canada. Our lawyers help clients understand exactly what is required of them in various circumstances, including those seeking to obtain permanent residence in Canada, as well as those who are dealing with inadmissibility. Our exclusive focus on immigration allows us to understand our clients’ unique concerns and obstacles. To learn more about how we can assist you, contact us online or call our office at 416-321-2860.

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Study Permits

Canadian Federal Court Rules Study Permit Applications Can be Denied Due to Low Grades

Canada’s post-secondary education system is a large draw for international students who flock to Canada to further their education. International students are considered temporary residents and must obtain a study permit in order to come to Canada. In 2022, there were approximately 550,000 study permit holders across the country. International students also play a critical role in Canada’s economy and education system.

International students who are study permit holders may also make the transition to permanent residence in Canada, as Canada allows thousands of study permit holders to become permanent residents after their studies in Canada are completed. Study permits are desirable, and many are given out each year. However, granting study permits is not an automatic process, and extreme care must be taken during the application process in order to give the applicant the best chance of acceptance. Obtaining proper advice is essential, however, there are, unfortunately, many examples of individuals who have been taken advantage of during this application process.

Study Permit Holders

In order for international students to study in Canada, they must be approved for a study permit. Prospective applicants may apply for a study permit at a Canadian embassy, consulate, or online through the Immigration, Refugees and Citizenship Canada website.

Several requirements that have to be met before a foreign national can apply for a study permit, some of which include:

  • having a valid passport or travel document;
  • providing proof of acceptance to a designated learning institute in Canada;
  • providing proof of financial support in the form of bank statements or a letter of financial support from a parent to show that they can pay for tuition and living expenses;
  • providing a letter of explanation outlining the purpose of the applicant’s visit to Canada and their plans for studying in Canada; and
  • being otherwise admissible to enter Canada.

A full list of designated learning institutions in Canada can be found on the Canadian Government website.

Student Direct Stream

The Student Direct Stream is a study permit program that allows applicants from specific countries to receive an accelerated study permit much faster than a normal study permit application.

Many countries are included as a part of the Student Direct Stream, including:

  • China;
  • India;
  • Morocco;
  • Pakistan;
  • Philippines;
  • Senegal; and
  • Vietnam.

In 2021, the Student Direct Stream was expanded to include the following countries:

  • Antigua and Barbuda;
  • Brazil;
  • Colombia;
  • Costa Rica;
  • Peru;
  • Saint Vincent and the Grenadines; and
  • Trinidad and Tobago.

There are additional requirements that applicants to the Student Direct Stream must meet, which include:

  • having a letter of acceptance from a designated learning institution in Canada;
  • having a Guaranteed Investment Certificate of $10,000 CAD at a Canadian financial institution; and
  • passing a language test in English or French.

Visa Officers and Student Permits

It is important to be as accurate as possible when applying for a student visa because Canadian visa officers can refuse to issue the permit in certain cases. A recent Canadian Federal Court case affirmed the ability that Immigration, Refugees and Citizen Canada visa officers have to refuse study permit applications.

In the case of Barot v. Canada (Citizenship and Immigration), a prospective student from India had his study permit application denied by a visa officer. The visa officer denied the student’s study permit application after finding that the applicant had low grades in his previous studies at the University of Mumbai and, more specifically, he received low grades in his core courses. Further, the reviewing officer did not believe that the applicant would leave Canada at the expiration of his study permit.

Visa Officers May Use Discretion When Reviewing Study Permit Applications

The student had been admitted to Canadore College in North Bay, Ontario, for a post-graduate certificate in entrepreneurship management. Canadore College is a designated learning institute under the Immigration and Refugee Protection Act. The student claimed that because a Canadian designated learning institute had admitted him, his marks should be deemed sufficient and his student permit should have been granted.

However, the Court held that the visa officer can reject a student visa if they find that the applicant’s grades do not demonstrate the academic proficiency necessary to complete their education in Canada. The Court affirmed that an officer assessing a study permit application has the authority to assess an applicant’s skills and abilities, including academic proficiency. The Court found that mere acceptance into a Canadian academic program is not an absolute indicator of the applicant’s skill and ability as a student, but rather, it is one of several case-specific factors to be considered.

Court Affirms That Study Permit Applications May Be Denied Due To Low Grades

This decision has a wide-reaching impact as it affirms that visa officers have a large amount of discretion available to them when considering whether to grant or reject a study permit application. In cases where students have lower grades, applicants must be aware that their application may be rejected because academic proficiency was not established.

If an applicant with low grades does apply for a study permit, they may explain why their grades are low or why their low grades will not impact their ability to study in Canada successfully.

Contact Garson Immigration Law for Assistance with Applying for a Canadian Study Permit

Garson Immigration Law is based in Toronto and exclusively practices immigration law. Through our years of experience, we are able to successfully guide clients through the immigration process and assist them in applying for study permits. Our skilled immigration lawyers work hard to ensure that you are positioned for success with respect to your immigration application by finding a solution that meets your individual needs. If you have questions about applying for a study permit in Canada, contact us online or call us at 416-321-2860.

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Immigration News Study Permits

Ontario Court of Appeal Decision Has Positive Implications for Recently Graduated International Students in Canada

In May 2023, the Ontario Court of Appeal rendered a decision in Imperial Oil Limited v. Haseeb. This decision will have positive implications for international students in Canada who are looking for employment and graduating from their post-secondary studies in the near future. International students who have graduated from school can remain in Canada and work through a Post-Graduate Work Permit. The ruling in Haseeb v. Imperial Oil Limited will positively impact international students in Canada who want to work in Canada after they graduate.

Employer Rescinds Job Offer After Learning that Student is Not a Citizen or Permanent Resident

In Imperial Oil Limited v. Haseeb, Muhammad Haseeb was an international student from Pakistan who was studying in Canada. He was on track to complete his mechanical engineering degree from McGill University in December 2014. During his final semester, he began searching for a job and applied for an entry-level engineering job with Imperial Oil. Upon graduation, Haseeb would be able to work in Canada through a Post-Graduate Work Permit, which gave him eligibility to work for any employer in Canada for up to three years.

At the time of his application, Imperial Oil had a policy requiring employees to have permanent eligibility to work in Canada. This meant that they would effectively only hire employees who were either Canadian Citizens or permanent residents. Haseeb was offered a job; however, when he disclosed that he held a Post-Graduation Work Permit but was not a Canadian citizen or permanent resident, his job offer was rescinded.

Human Rights Tribunal Finds Student was Discriminated Against Based on Citizenship

When his offer of employment was rescinded, Haseeb filed an application with the Human Rights Tribunal of Ontario. He alleged that he had been discriminated against on the basis of citizenship because his job offer had been rescinded.

In Ontario, the Human Rights Code prohibits discrimination in employment on the basis of citizenship. The Human Rights Tribunal of Ontario found that Imperial Oil discriminated against Haseeb on the basis of citizenship by imposing an employment condition of permanent eligibility to work in Canada, which was to be proved through Canadian citizenship or permanent resident status. The Tribunal found this discrimination was directed and that Imperial Oil had not established a bona fide occupational requirement.

Court of Appeal Finds Tribunal Decision Reasonable

Imperial Oil sought reconsideration of the Tribunal decision, and the Tribunal denied the application. Haseeb was awarded monetary damages as a result. Imperial Oil appealed the decision, filing for judicial review to the Divisional Court.

The Divisional Court found the Tribunal’s decision was unreasonable and quashed the Tribunal’s decision. The Divisional Court found that a requirement that a job applicant be able to work in Canada permanently was not discrimination based on citizenship.

The Divisional Court decision was appealed. The Court of Appeal for Ontario found that the Tribunal’s decision was reasonable. The decision from the Court of Appeal for Ontario means that employers in Ontario cannot discriminate against international students who are applying for jobs on Post-Graduate Work Permits. This clarification in the law should open up more work opportunities to international students who hold Post-Graduate Work Permits. Ultimately, employers in Ontario can not restrict employment to those who hold permanent residence or Canadian citizenship.

What is a Post-Graduation Work Permit?

The immigration program that Haseeb was able to work under is the Post-Graduation Work Permit Program. The Post-Graduation Work Permit Program is an immigration initiative that allows international students who have graduated from a designated Canadian learning institution to obtain an open work permit. This program allows the permit holder to gain Canadian work experience. The program also gives the participants flexibility as an open work permit allows the holder to apply for and work in jobs all over Canada and is not restricted like an employer-specific work permit.

Beneficial for Future Applications

Canadian work experience can be valuable for those seeking to make future applications for Canadian permanent residency, as many Canadian permanent residency programs require the applicant to have Canadian work experience. Further, Canadian work experience can be an important factor, even in programs that do not explicitly require Canadian work experience.

Immigration streams for permanent residency under Express Entry, such as the Canadian Experience Class, require Canadian work experience to apply. Even when Canadian work experience is not explicitly required for a permanent residency application, it can be a significant factor in an application. The Federal Skilled Worker Program and Federal Skilled Trades Program do not require Canadian work experience. Still, Canadian work experience can be beneficial.

Program Requirements

The open work permit granted as part of the Post-Graduation Work Permit Program is time limited. The amount of time granted for the open work permit depends on the applicant’s length of study in Canada. To participate in the program, applicants must have completed at least an 8-month program at a designated learning institution. Longer programs can yield longer work permits, with work permits of up to three years granted to those who complete programs of two years or longer.

Overall, the Post-Graduation Work Permit is a good option for international students in Canada who want to work in Canada after they complete their studies. The open work permit provided as part of the program allows students flexibility in finding an employer. Further, work experience in Canada can be a crucial factor when applying for permanent residency.

Looking forward, based on the recent decision from the Court of Appeal for Ontario, international students who wish to work in Ontario should have even more options available for post-graduation employment.

Contact the Immigration Lawyers at Garson Immigration Law for Advice on Post-Graduation Work Permits and Permanent Residence Applications

Garson Immigration Law is a Toronto-based law firm that helps individuals find tailored solutions for their immigration needs. Our firm’s exclusive focus on immigration law allows us to understand our client’s unique concerns and obstacles. Our experienced immigration lawyers regularly provide advice on various immigration program options, including permanent residence in Canada and overcoming inadmissibility. To speak with a member of our team regarding your questions about immigration to Canada, contact us online or call us at 416-321-2860.

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Canadian Immigration News Study Permits

Canada Unveils Plan to Increase Immigration from Key Indo-Pacific Region

In November 2022, Immigration, Refugees and Citizenship Canada unveiled a new strategy which will dramatically impact Canadian immigration from the Indo-Pacific region. As immigration to Canada is set to increase over the next few years in accordance with the 2023-2025 Immigration Levels Plan, it is important to understand which countries the increase is likely to come from and how recent plans will impact the distribution of immigrants throughout the country.

Importance of the Indo-Pacific Region to Canadian Immigration 

The Indo-Pacific region is one of the key regions impacting Canadian Immigration, which is why the Canadian government has developed additional immigration strategies specifically pertaining to this area. 

India, the Philippines, and China were the top three nations reported by recent Canadian immigrants. These countries alone accounted for the birthplace of just under 40% of the landed immigrants in Canada between 2016 and 2021. Pakistan, which is also in the Indo-Pacific region, was mentioned as the seventh most common birthplace for recent Canadian immigrants. 

The Indo-Pacific region is also a large region from which many of Canada’s international students call home. Canada has welcomed approximately 65% of international students from this region in recent years. 

Canadian Government Heavily Invests in Indo-Pacific Region

Due to its impact on Canadian immigration, Canada is making a large monetary investment into the Indo-Pacific. A total of almost $2.3 billion dollars will be spent on new initiatives and investments over the next five years as part of the Indo-Pacific Strategy. The Strategy has five primary strategic objectives, including: 

  • promoting peace, resilience and security; 
  • expanding trade, investment and supply chain resilience; 
  • investing in and connecting people;
  • building a sustainable and green future; and
  • having Canada as an active and engaged partner to the Indo-Pacific.

Although not all of these objectives will directly impact immigration to Canada, investment in this region will raise Canada’s international profile, which may indirectly increase Canada’s immigration by fostering positive relationships in the international community.

Visa Processing Investment Will Make Immigration More Efficient 

Of the five strategic objectives, investing in and connecting people relates most closely to Canadian immigration policy. This aspect of the Indo-Pacific Strategy is anticipated to lead to a significant immigration investment in the region. 

As part of investing in and connecting people, Canada has committed to expanding educational exchanges, bolstering visa processing capacity, and empowering Canadian organizations and experts to engage in the region on an even greater level. Canada has also promised to increase its feminist international assistance to address local development challenges, advance collective efforts toward the Sustainable Development Goals, and continue to engage and defend human rights in the region. 

Minister of Immigration Sean Fraser recently said:

“The Indo-Pacific region is vital for Canada’s immigration and will continue to be in the future. Today’s announcement brings significant new funding to help boost Canada’s visa application processing capacity at home and abroad. As we look to record growth in admissions in the years ahead, this funding will help promote greater diversity among those looking to visit, study, work or live in Canada.”

Total investment of $74.6 million over five years

To achieve these goals, an investment of $74.6 million will be made over the next five years. Although this investment may seem paltry compared to the total $2.3 billion committed to the Indo-Pacific Strategy, the Canadian government is confident that this investment will significantly impact immigration from the Indo-Pacific region. 

The investment will help to boost immigration application processing capacity in Canada and in select cities in the Indo-Pacific region. By investing in application processing in specific cities, the Canadian government aims to reduce application processing times which, in turn, will help bring people to Canada more easily. 

Indo-Pacific Strategy and Permanent Residency 

Increased immigration to Canada from the Indo-Pacific will inevitably lead to more permanent residents and international students being accepted from that region. For international students, the process for applying for a study permit was simplified even before considering the investments that will be made as part of the Indo-Pacific Strategy. International students from China, India, Pakistan, the Philippines, and Vietnam can apply through the Student Direct Stream to have their applications expedited. 

To qualify, applicants must have:

  • a letter of acceptance from a designated learning institution in Canada;
  • a guaranteed investment certificate of $10,000 CAD; and 
  • must pass a language test in either English or French.

Over the next few years, Canada is primed to accept more permanent residents than ever before, according to the goals set out in the 2023-2025 Immigration Levels Plan. Multiple paths to permanent residency are available to those who may benefit from Canada’s Indo-Pacific strategy. Individuals wishing to come to Canada can apply for permanent residence through a family sponsorship, Provincial Nominee Program, or Express Entry. 

International student experience in Canada can help applicants obtain permanent residency by providing them with the necessary prerequisites to fulfill the experience requirement under some of the Express Entry streams.

The Trusted Lawyers at Garson Immigration Law Guide Individuals Through the Canadian Immigration Process

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We have a substantial track record of successfully guiding clients through the immigration process, regardless of the route they are eligible for. We work closely with clients to understand their needs and qualifications in order to find the most efficient immigration solution. 

The immigration lawyers at Garson Immigration Law are experienced in assisting clients with immigration applications for Canada. If you have questions about immigrating to Canada contact us online or at 416-321-2860.

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Study Permits

Canadian Government Commits to Simplifying Immigration Process for International Students

As Canada opens up as a post-pandemic world with relaxed border restrictions, the Canadian government has been discussing implementing policies that would encourage more immigration to Canada, particularly with respect to attracting more international students. 

International Students and Canada

International students play a critical role in Canada’s economy and impact Canada’s role on the world stage. The number of international students who are pursuing education in Canada has increased drastically in the last 20 years. Since having a minor market share of less than 1% of international students in 2001, Canada has become one of the top four countries of choice for students seeking to study abroad. In 2021, over 600,000 foreign nationals held study permits in Canada. The impact on Canada’s economy cannot be overlooked either, as study permit holders have recently been granted the ability to work additional off-campus hours until the end of 2023.

The increase in international students arriving in Canada has coincided with a larger number of international students transitioning to permanent residency after the conclusion of their studies. In 2021, over 150,000 international students became permanent residents after their temporary residence student status expired, representing a fourfold increase in the number of international students who became permanent residents five years ago.

Report on International Students 

The Canadian House of Commons Standing Committee on Citizenship and Immigration examines matters relating to the management and operation of Immigration, Refugees and Citizenship Canada (“IRCC”) and the Immigration and Refugee Board. The Committee also monitors the federal multiculturalism policy.

In May 2022, the Committee compiled a report titled “Differential Treatment in Recruitment and Acceptance Rates of Foreign Students in Quebec and in the Rest of Canada”, which made 35 recommendations to Immigration, Refugees and Citizenship Canada. 

The report focused on recruitment and acceptance rates of international students in both Quebec, and Canada as a whole. The report discussed how the government attracts, selects, and retains international students in Canada, and further commented on the reasons given for international student permit refusal and the potential causes for systemic differences in decisions by IRCC officials. Finally, the report gave recommendations for improving communication between the government, international students, and prospective international students. 

Since the report was published, Immigration, Refugees and Citizenship Canada has issued a response detailing how they intend to address the recommendations from the report. 

Attracting Foreign Students to Canada

Although the number of international students in Canada is already at an all-time high, the Canadian government is predicting that the number of international student study permit holders is set to increase in the coming years. It is predicted that next year, the number of study permit holders will continue to rise as more study permits will be granted. The report however was not only concerned with the volume of international students coming to Canada, but also which countries they are coming from. 

Based on the recommendations in the report, Immigration, Refugees and Citizenship Canada has agreed to make certain changes going forward in how international students are attracted to Canada. Immigration, Refugees and Citizenship Canada firstly stated that they are working to expand the Student Direct Stream to more countries, which would allow for potential students from those countries to more efficiently obtain study permits. The areas noted for expansion of the program are Bangladesh, African countries, and specifically francophone nations.

Expansion of the Student Direct Stream for Francophone nations goes hand in hand with Immigration, Refugees and Citizenship Canada committing to investigate the rates of study permit refusals for students who are destined for Quebec, and increasing the dialogue between Quebec and Canada when it comes to Immigration. 

Changes to Simplify the Immigration Process for International Students 

The Canadian government has committed to improving the overall immigration experience for International Students by simplifying parts of the application process, increasing efficiency in the application process, and ensuring transparency for international students requirements.

In response to the increased demand for student permits, the IRCC has hired approximately 500 additional processing staff. As application numbers continue to rise, the IRCC has indicated their plan to hire an additional 1,250 employees to increase processing capacity and reduce the application backlog. The government has also committed to modernizing the application review process which will, in turn, increase processing efficency. Monthly data is set to be published in order to keep applicants up to date on the backlog of applications.

The IRCC has committed to ensuring better communication between international students and immigration officials. The IRCC plans to continue working with Designated Learning Institutions to produce accurate data regarding international student enrolment and statuses. 

Immigration, Refugees and Citizenship Canada will be considering adding International Students to the Immigration, Refugees and Citizenship Canada Settlement Program, which would partially fund settlement services for international students who are on a path to permanent residence. Many students eventually become permanent residents through applications through the Canadian Experience Class Express Entry, therefore implemented changes will assist those applying for permanent residency. 

Report and Response Positive for International Students 

Overall, the response to the report and its recommendations appear to be providing positive news for international students. Immigration, Refugees, and Citizenship Canada has committed to making substantial changes to the immigration process including implementing the report recommendations in an effort to alleviate some of the stressors for international students who are interested in pursuing their education in Canada. 

Thinking of studying in Canada? Contact Garson Immigration Law for Assistance With Your Study Permit Application

At Garson Immigration Law we are exclusively dedicated to the practice of immigration law. Our team prides itself on providing clients with reliable advice on the Canadian immigration process. Our immigration lawyers work to find practical solutions to obtain the best possible outcome for clients involved in a variety of immigration matters. To speak with a member of our team about your immigration application, please reach out to us online or call us at 416-321-2860.

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Express Entry Study Permits Work Permits

New Government Strategy Great News for Temporary Residents Looking to Become Permanent Residents of Canada

In September 2022 the Canadian Government released the new strategy regarding proceedings for immigrants in Canada. The news will have a great impact on temporary residents of Canada who wish to become permanent residents. Immigration Minister Sean Fraser tabled a plan to change the way that both foreign workers and international students, who have significant experience in employment areas with labour shortages, can become permanent residents.

Government Rationale for making it Easier for Temporary Residents to Transition to Permanent Residents

In a publication from Immigration, Refugees, and Citizenship Canada, the Canadian Government outlined the rationale for expanding the pathways available to temporary workers to access permanent residency.

The proposed changes will help boost Canada’s economy which international students and temporary foreign workers play a crucial role in. The Canadian Government recognizes that an important part of Canada’s immigration system is having pathways by which temporary residents can become permanent residents. By creating additional pathways to permanent residency, the government increases the attractiveness of Canada as a destination for international students and temporary foreign workers. Often, the ultimate goal for many temporary immigrants to Canada is to achieve Canadian permanent residency before their temporary status expires.

Additional Pathways Created to Reduce Labour Shortage

According to the government, increasing the number of pathways for permanent residency will allow Canada to meet labour needs and address long-term labour shortages in the future. These changes will also help strengthen the relationship between Canada’s labour market and its immigration programs.

In considering these changes, the Canadian Government has indicated that it will be mindful of the balance between the immediate needs of Canadian employers, Canada’s long-term economic goals, protecting vulnerable workers, and ensuring opportunities for domestic workers.

The Five Pillars of the Plan

The strategy that will be used for expanding the pathways to permanent residency is outlined as part of a five-pillar approach on the Immigration, Refugees, and Citizenship Canada website.

Pillar one

Pillar one uses the 2022-2024 Immigration Levels planned targets for immigration to provide Canada with a larger, permanent labour supply. As part of the plan, more temporary workers will be able to transition to a permanent residence status in an effort to help Canada’s economic growth in the years following the COVID-19 pandemic.

Pillar two

Pillar two will rework the Express Entry system by increasing flexibility in immigration selection tools in this system. The changes will allow the Immigration Minister to respond to labour market needs and economic priorities through immigration.

This pillar also highlights the desire to increase Francophone immigration by selecting candidates with specific attributes, like in-Canada experience. There will be a review of the Comprehensive Ranking System criteria for Express Entry with potential changes coming to Canadian work experience and education, language proficiency, and job offers. When draws for express entry begin to ramp up again, these changes will have a big impact on who receives invitations.

Pillar three

Pillar three will make improvements to permanent economic immigration programs by focusing on essential workers in high-demand occupations. This will entail adopting the new 2021 National Occupational Classification. Adopting the National Occupational Classification will amend the eligibility requirements for certain professions as it expands the number of pathways available for potential immigrants to apply under. New occupations will be eligible for Express Entry under the 2021 National Occupational Classification, which should increase the number of applicants eligible for Express Entry.

The Government has also indicated that pillar three will improve access to information for newcomers to Canada in order to ensure that they meet the necessary qualifications and help connect them to federal and provincial or territorial programming.

Some professions, such as physicians, will have barriers lifted where essential workers are in high demand. Further, improvements to pilot programs will impact availability to in-home caregivers and agricultural workers.

Pillar four

Pillar four focuses on supporting specific communities in attracting and retaining newcomers to Canada, with an emphasis on Francophone immigration. The Government is focused on supporting Francophone minority communities that exist outside Quebec, with a target of having 4.4% French speaking immigration by 2023.

This pillar also highlights a new Municipal Nominee Program which will be developed to help communities meet their labour needs. On a larger scale, the Federal Government has indicated that it will continue to work with the provinces to develop new pathways for the Provincial Nominee Programs in order to help the provinces meet their labour needs and adapt to the labour market.

Pillar five

Pillar five involves an increase in administrative capabilities for Canada’s immigration system. The Government is seeking to improve immigration applicant experience and modernize the immigration system through technological improvements. The goal is to expedite the process in order to welcome new permanent residents as quickly as possible. Though there are no specific details given as to the type of improvements that the Government is looking to add, more information will likely be revealed in the coming months.

For Guidance in Transitioning from Temporary Residence to Permanent Residence Contact Garson Immigration Law

Garson Immigration Law is exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations. The immigration lawyers at Garson Immigration Law have a great deal of experience and can provide assistance with your application. To speak with a lawyer and find out more about how we can assist you, contact us online or call us at 416-321-2860.

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Canadian Immigration Canadian Immigration News Study Permits Work Permits

Post-Graduation Work Permit Extension Welcome News for International Students in Canada

The travel restrictions caused by the COVID 19 pandemic have resulted in uncertainties for many people throughout the world and in Canada. One of the groups most heavily impacted by the pandemic era restrictions has been international students, as they were left in a state of limbo when the borders closed. Thankfully, there have been regulations passed since March 2020 that specifically address the concerns that international students have had caused by pandemic travel restrictions. Despite the strain on the immigration system caused by the pandemic, Canada has continued to provide additional ways for international students to come to Canada, such as by expanding the Student Direct Stream earlier this year. 

Now, the Canadian Government provided another update to one of its international student programs, which represents good news for those students who intend to stay in Canada after their education in order to work here in the form of an extension of the online study eligibility period for Post-Graduation Work Permit applicants.

What is the Post-Graduation Work Permit?

The Post-Graduation Work Permit Program is described by the Canadian Government as a program that allows students who have graduated from eligible Canadian designated learning institutions to obtain an open work permit to gain valuable Canadian work experience. Having an open work permit means that the holder of the permit can work for an employer and is not just restricted to one job, which makes the Post-Graduation Work Permit a flexible option for international students.

The Post-Graduation Work Permit provides an avenue for international students to stay in Canada permanently, as experience gained through the Post-Graduation Work Permit Program can help graduates qualify for permanent residence in Canada through the Canadian experience class within Express Entry, and other immigration classes, as certain classes highly value Canadian work experience as part of the selection process. 

Eligibility for the Post-Graduation Work Permit

Eligibility for a Post-Graduation Work Permit is subject to rules set out by the Canadian government. For example, applicants can only receive one Post-Graduation Work Permit in their lifetime. Further, applicants to the program must hold valid temporary status or have left Canada, completed an academic, vocational, or professional training program at an eligible institution in Canada that is at least 8 months in duration leading to a degree, diploma or certificate, have maintained full-time student status in Canada during each academic session of the program or programs of study they have completed and submitted as part of their post-graduation work permit application and applicants must have received a transcript and an official letter from the eligible designated learning institution confirming that they have met the requirements to complete their program of study. Further, Post-Graduation Work Permit eligibility is partly determined by the length of the study period of the applicant, as applicants with more than two years of study experience can receive a permit for up to three years in duration.

The Post Graduation Work Permit may not be available to all students who have graduated from a Canadian school because of the requirement that the graduate has graduated from a designated learning institution that makes you eligible for the Post Graduation Work Permit. If you are thinking of working in Canada after graduation, be sure to check the list of schools that allow you to apply for the permit in order to see if the permit is an option for you. Further, If you have applied for the Post-Graduate Work Permit, you are allowed to work while awaiting a decision on your application if you are or were a holder of a valid study permit at the time of the Post-Graduation Work Permit application, were a full-time student enrolled at a designated learning institution in a post-secondary academic or vocational or professional training program they were authorized to work off-campus without a work permit and did not exceed the allowable hours of work. 

Post-Graduation Work Permit Changes Since March 2020

Part of the eligibility requirements for receiving a Post-Graduation Work Permit is studying in Canada. Studying online at a Canadian designated learning institution while outside of Canada did not meet the eligibility requirements in the past. However, with the onset of the pandemic, many designated learning institutions switched to primarily online study, which would have made international graduates ineligible for a Post-Graduation Work Permit under the rules. Immigration, Refugees and Citizenship Canada recognized the problem with this situation and made it so that online study from outside Canada would count towards the Post Graduation Work Permit eligibility from March 2020 until December 31, 2021. With the December deadline quickly approaching, and the pandemic still ongoing, Immigration, Refugees and Citizenship Canada announced that it would be extending the time in which online study would contribute to Post-Graduation Work Permit eligibility until August 31, 2022. This means that students can study online outside of Canada as part of their degree until August 31, 2022, and have that time contribute toward the eligibility for a Post-Graduation Work Permit. COVID-19 depending, it is possible Immigration, Refugees and Citizenship Canada extends this deadline again, but if you do intend to apply for a Post-Graduation Work Permit it may be time to start thinking ahead to commit to in-person learning at a designated learning institution following the August 31 deadline. 

Contact Garson Immigration Law in Toronto For Custom Immigration Solutions

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. Our immigration lawyers successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19.  If you have any questions about preparing an application or other questions about the Post-Graduation Work Permit Program, do not hesitate to reach out to us online or by calling us at 416-321-2860.

Categories
Canadian Immigration News Study Permits

More Countries Added to the Student Direct Stream

Last week, Immigration, Refugees and Citizenship Canada (“IRCC”) updated the Student Direct Stream (“SDS”) by adding seven new countries to the list of countries that are included as part of the stream. The new countries added to the stream are as follows:

  • Antigua and Barbuda
  • Brazil
  • Colombia
  • Costa Rica
  • Peru
  • Saint Vincent and the Grenadines
  • Trinidad and Tobago

Other countries that were already part of the program include China, India, Morocco, Pakistan, the Philippines, Senegal, and Vietnam. In order to be eligible to apply under this stream, you must be a legal resident of one of the listed countries.

What is the Student Direct Stream?

The SDS is an expedited processing stream for students who hail from the enumerated countries. It offers a way for prospective students to receive a study permit more quickly than they would through the normal study permit application process. The IRCC says that most SDS applications are processed within 20 calendar days of receipt of the application. However, they do concede that some applications may take longer than the 20 day period. If your application does not meet the SDS criteria, it will be reviewed as a regular study permit application.

In order to ensure faster processing, the IRCC recommends that you provide your biometric information as soon as possible and meet all the eligibility requirements for the application. The processing fee for the application is $150. The IRCC also reminds potential applicants that the SDS grants a study permit that is independent of a visa, and a study permit by itself does not permit the holder to enter Canada, as a would-be student may need a visitor visa or electronic travel authorization.

Eligibility for the Student Direct Stream

In order to be eligible for faster processing through the SDS, there are a number of requirements that applicants need to fulfill. You must:

  • be a legal resident of one of the countries listed above
  • have an acceptance letter from an accredited Canadian post-secondary designated learning institution
  • live outside of Canada when you apply
  • have proof you have paid your tuition for your first year of study (see more information below)
  • have a Guaranteed Investment Certificate (GIC) of CAN $10,000 (see more information below)
  • have a Certificat d’acceptation du Québec (CAQ) from the Ministère de l’Immigration, de la Francisation et de l’Intégration (note this is only if you’re planning to study in Quebec)
  • get a medical exam before you apply (if required)
  • get a police certificate before you apply (if required)
  • have your most recent secondary or post-secondary school transcript(s)
  • successfully complete a language test demonstrating either:
    • an International English Language Testing System (IELTS) academic or general training score of 6.0 or higher in each skill (reading, writing, speaking and listening), or
    • a Test d’évaluation de français (TEF) score that is equal to a Canadian Language Benchmark (CLB) score of at least 7 in each skill (reading, writing, speaking and listening)

Depending on where you are applying from, the IRCC may request additional documents to supplement those required above. If additional documents are requested, such as a medical exam or police certificate, your application will take longer to process.

Proof of Tuition Payment

For proof of payment of tuition for the first year of study, the applicant can submit

  • A receipt from the Designated Learning Institution
  • An official letter from the Designated Learning Institution confirming payment of tuition fees
  • A receipt from a bank showing that tuition fees have been paid
  • proof that the tuition fee amount has been transferred into a repository account at the Designated Learning Institution to be applied to the tuition bill at a later date

Guaranteed Investment Certificate Requirement

In order to satisfy the GIC requirement, the bank that gives the GIC must:

  • confirm that you bought a GIC by giving you 1 of the following:
    • a letter of attestation
    • a GIC certificate
    • an Investment Directions Confirmation or
    • an Investment Balance Confirmation
  • hold the GIC in an investment account or a student account that you can’t access until you arrive in Canada
  • make you confirm your identity before they release any funds to you
  • release the funds to you by providing:
    • an initial lump sum once you identify yourself upon arrival in Canada
    • the remainder of the funds in monthly or bi-monthly installments over 10 to 12 months

If you complete all of these requirements, it will expedite the processing of your application. In order to apply under the SDS, you must apply online as there is no paper application. In addition to the $150 application fee, you should be prepared to pay the biometric fee if you are required to provide biometrics as part of your application. If you need to give biometrics, the IRCC will send you a letter detailing how to complete this process.

Overall, the expansion of the Student Direct Stream will make it easier for international students from diverse backgrounds to come to Canada to study. In the future, the stream could be expanded to include even more countries, so if you are not eligible right now, it is possible you will be in the future.

Contact Garson Immigration Law in Toronto for Experienced Legal Representation in Study Permit Applications

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process, with an eye toward the ever-changing regulations in light of COVID-19. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.

Categories
COVID-19 Immigration & Travel Issues Study Permits

Regulations for International Students Coming to Canada

The Canadian-United States border remains closed to all non-essential travel for the foreseeable future. Although the spread of COVID-19 in Canada has been slowed and we are seeing more municipalities entering stage 3 reopening, the United States has struggled with the pandemic, reporting approximately 60,000 new cases on July 28. The border closure has led some people to attempt to cross the border illegally. On July 25, an American man illegally jumped the border in British Columbia and evaded RCMP officers for a few hours before he was apprehended and turned over to the Canada Border Service Agency.

American Students Studying in Canada

One group of American citizens who will not have to resort to crossing the border illegally are students. Recently, the American government retracted its visa amendments that some were concerned would have barred Canadians from entering the U.S. if their school in America had opted to operate solely online. The Canadian government has followed suit by updating its regulations on American students. Up until this week, American students coming to Canada required a study permit issued on or before March 18 in order to ensure they would be allowed to cross the border.

The rule, as previously constructed, still allowed for upper year students to enter Canada so long as they still had valid study permits, even if they had spent the summer in the United States. However, the rule would have rendered it impossible for incoming first-year American students to cross the border and begin their studies as they would have been unable to obtain the study permit needed to cross the border. Given that work and study are listed as examples of non-discretionary essential travel, the change makes sense from a policy perspective. Now, if an incoming student does not yet have their study permit in hand, Canadian Border Service Agency officers have been instructed to accept a “port of entry letter of introduction” that shows that a student was approved for a study permit.

Exemption not Yet Extended to Students From Other Countries

Currently, the exception to the rule only applies to incoming students from the United States. Other incoming international students must still adhere to the on or before March 18 rule regarding their study permits and entry to Canada. It remains to be seen if the Canadian government will grant the same exception to other international students. Given the state of the pandemic within the United States, it would follow that the same exception may be given to most other countries as well. However, Canadian Immigration officials have not tipped their hand as to whether more exceptions will be granted. Speaking on the situation, the Canadian department of immigration announced:

“There are no measures in place to provide for expedited processing of study permit applications. Foreign nationals who had a study permit application approved after March 18, 2020 … may not be exempt from the travel restrictions (and) they should not make any plans to travel to Canada until the travel restrictions are lifted, as they will not be allowed to travel to or enter Canada.”

Some positives were announced by the department of immigration last week for international students not from the United States despite the statement. Immigration minister Mark Mendicino indicated that the government would prioritize study permits for students who had submitted complete applications online. Further, students will be able to apply time spent studying online toward their eligibility for work permits in Canada, provided at least 50% of their program is completed in Canada. There will also be a priority processing system for students who are unable to obtain all the necessary documentation before their scheduled move-in dates.

If you are an international student scheduled to come to Canada to study in the fall, make sure you stay updated on the rapidly developing situation, and make sure you have applied for a study permit if you have not already. If you need assistance do not hesitate to contact us.

The immigration lawyers at Garson Immigration Law are continuing to monitor the immigration fallout in relation to COVID-19 on both sides of the border and will provide updates as the situation develops. If you have any questions about your potential classification as essential or about how you should comply with the changing regulations, do not hesitate to reach out to us online or by calling us at 416-321-2860.