Studying in Canada Archives - Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre
 

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Over the past year, we have seen dramatic changes to Canada’s international student program. Canada has gone from setting out the welcome mat for international students to pulling the rug out from underneath them by turning Canada’s international student program upside down. In recent months international students have been held responsible for many of Canada’s ills including housing shortages, overcrowding of schools, raiding food banks, and causing border crossing traffic jams by making “flagpole” applications. As a result, as early as October 2023, the Canadian government announced the first of what would become an avalanche of changes targeting Canada’s international student program. Let’s see what is in store for the intrepid international student.

It has been a rough year for international students in Canada.  Firstly, in December 2023 the Minister of Immigration Refugees and Citizenship Canada (IRCC), The Honorable Marc Miller, increased the cost of living requirement for international students from $10,000 to $20,635.  Soon after he imposed a restriction (and reduction) of the number of international students to Canada each year.  Then he reduced the number of hours that international students can work while studying full time to 24 hours per week down from full time.   He revoked the open spousal work permit for international student spouses at the college or undergraduate level.  And this past week on June 21, 2024 he eliminated the option of obtaining a post-graduation work permit (PGWP) at the port of entry, a process commonly referred to as “flagpoling”.  Now an international student applying for an initial PGWP, or an extension will be limited to applying for their permit from within Canada and waiting for it to be processed.

Predictability for obtaining permanent residency status in Canada changed dramatically on January 1, 2015 with the introduction of the Express Entry (EE) selection system for permanent residence to Canada. EE introduced a new points based Comprehensive Ranking Score (CRS) measurement for selecting the “best and brightest” applicants. Prospective immigrants need to register a profile which goes into a pool of applicants enabling the government to set a standard for selection and control their intake. This model has been replicated throughout Federal, Provincial and Territorial selection systems. Intake control is central to output management and has become the norm for immigration selection.

Many people are aware of the humanitarian and compassionate (H and C) application process for permanent residence to Canada which people can turn to when they are not able to access any other type of immigration application and when they can demonstrate compelling personal circumstances. H and C applications can be made from within Canada as well as from outside of Canada. However, the H and C statutory provisions exclude certain applicants, specifically persons found to be inadmissible to Canada pursuant to ss. 34, 35 and 37 of the Immigration and Refugee Protection Act (IRPA) on security grounds. If you have been found inadmissible to Canada on one of these grounds what are your possible options to overcome such a finding and either remain in or come to Canada?

On January 22, 2024, Canada’s Minister of Immigration, Refugees and Citizenship, the Honourable Marc Miller made the seismic announcement that Canada will set caps to limit the number of new international students coming to Canada, with a goal to reduce overall levels by a whopping 35% over two years.  Minister Miller did not mince words during his January press conference when describing the institutional wrongs he intends to right, citing the existence of “diploma mills” whose sole purpose is to turn a profit from international students, rather than ensuring they receive a quality education and experience in Canada.  It has now been a month since Minister Miller's announcement was made, and we are now seeing trickle down effects in the ways that provinces and territories are adapting to these changes.

In response to public concerns raised about the impact of foreign students to the overall economy and housing, this past Monday, January 22, 2024, Canada’s Minister of Immigration, Refugees and Citizenship (IRCC), the Honourable Mark Miller, introduced sweeping changes to Canada’s international student program decreasing the overall number of applications to be accepted, introducing provincial and territorial caps and modifying the post-graduation work permit (PGWP) program. While the changes are set to take effect September 1, 2024, certain aspects of the program will be affected as of Monday, effectively suspending further study permit applications until the end of March.  

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