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With increased pressure from the public amidst the cost of living and housing crises, the federal government has announced significant new limits to the international student program for at least 2 years.

Cap on International Students

In 2024, the number of study permits issued will be limited to 360,000. The cap will be distributed across the provinces and territories based on their populations. Since most international students opt for Ontario and British Columbia, these provinces are due to see the greatest decreases in new international students compared to previous years.

Students pursuing master’s and doctoral degrees will not be affected by the cap. Neither will students renewing their study permits, or elementary and secondary school students.

As of January 22, 2024, study permit applications must be accompanied by an attestation letter from the government of the province or territory they will study in. However, the federal government has provided until March 31, 2024, for provincial and territorial governments to establish processes for issuing attestation letters. Without such a process, students may not be able to submit their applications until that time.

Post-Graduation Work Permit Eligibility

Further, the eligibility criteria for Post-Graduation Work Permits (PGWPs) is being changed. PGWPs offer a path to permanent residence for many graduates by allowing them to gain Canadian work experience, so they are much coveted by many graduates.

Starting September 1, 2024, students who graduate from a program under a Public College-Private Partnership will not be eligible for PGWPs. Agreements under Public College-Private Partnerships allow students to attend a private college that is licensed to deliver the curriculum of a publicly funded college.

Master’s degree graduates and graduates of other, short graduate-level programs will soon be eligible to apply for a 3-year PGWP. Currently, PGWPs are issued for the length of the program of study. With this change, graduate-level students will be eligible for a 3-year PGWP, even if their program length was less than 3 years.

Open Work Permits for Spouses of International Students

Soon, open work permits will only be available to spouses of international students in master’s and doctoral programs. Spouses of those in undergraduate or college programs will no longer be eligible. Spousal open work permits allow the holder to work for any employer in Canada.

Other Recent Measures

This announcement is made in addition to other measures that the government is taking that will reduce the number of international students. These include an increase to the funds requirement for international students from $10,000 to $20,635, which took effect on January 1, 2024; a “trusted learning institution” system, details of which are yet to be announced; and a requirement for the verification of every letter of acceptance by the post-secondary institution that began on December 1, 2023.

As a way to offset its increase of the funds requirement to $20,635, the government has also announced that it will implement targeted pilots to help members of underrepresented groups study in Canada, but has yet to announce details.

Employers that have relied on foreign students to grow their work force in the past, may want to look at measures to retain existing temporary talent working for them by assisting these temporary workers with an application for permanent residence. Given the focus on international students, employers should also review their foreign student population employees to ensure compliance while they are working on a study permit. Reach out to one of our professionals today for a permanent residence consultation and/or consultation related to compliance. Our Canadian immigration legal professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

The New Year has brought with it developments in the Courts and at Immigration, Refugees and Citizenship Canada (“IRCC”) that will shape immigration and citizenship policy for years to come. Here’s what you need to know.

Second-Generation Born Abroad Citizenship Rule Deemed Unconstitutional

Along with naturalization, Canada provides for citizenship by birth inside Canada, and citizenship by birth outside to a Canadian parent. However, since April 2009, the Citizenship Act has imposed a cut-off of one generation only for those born outside of Canada to a Canadian parent, whereby a child born outside of Canada to a Canadian citizen parent would be a Canadian citizen but could not pass on citizenship in the future should they have a child born outside of Canada. This “second-generation born abroad rule” meant that if you were born outside of Canada to a Canadian parent who had been born outside of Canada, you were not a Canadian citizen. That all changed in December.

As a result of a challenge at the Ontario Superior Court, the second-generation born abroad rule was deemed unconstitutional: Bjorkquist et al. v. Attorney General of Canada, 2023 ONSC 7152 (CanLII).

The Court said that it discriminates on the prohibited grounds of national origin and sex. The rule particularly affected Canadian women who were born outside of Canada and were living abroad, as they could not pass their citizenship onto their children. It forced pregnant women living outside Canada who were the “first-generation born abroad”, to make the difficult decision of choosing between their own health, job, and finances by giving birth outside Canada, or ensuring their child would be a citizen by returning to Canada to give birth weeks or even months in advance of their due date. Consequently, this rule was deemed to violate another constitutional right: the right to enter, remain in, and leave Canada.

The striking down of this provision raises several questions. The Court has provided the government with 6 months to amend the rule in line with its decision or it will be fully invalidated. It is now up to the government to respond. Will they appeal the decision? Will they amend the provision in the Citizenship Act? Will the provision be fully removed from the Citizenship Act? Stay tuned to see how it all plays out.

Conflict in the Middle East – Israel, Gaza, the West Bank

Many Canadians and their families are deeply affected by the ongoing conflict in Israel and the Palestinian Territories, and the war between Israel and Hamas. As a result, IRCC has announced the following measures:

• Family members in Gaza – Beginning January 9^th and for a period of 1 year, IRCC will accept a total of 1,000 temporary resident visa applications for the relatives of Canadian citizens or permanent residents (“PRs”) who are in Gaza. The relative must hold a Palestinian Territory passport, and must be a spouse, common-law partner, child (regardless of age), grandchild, parent, grandparent, or sibling of the Canadian citizen or Permanent Resident (“PR”). The Canadian citizen or PR must provide their relative with orientation to life in Canada and financial support for 1 year.
  • Those who came to Canada from Gaza following an assisted departure may be eligible for time-limited medical coverage under the Interim Federal Health Program.
• Israeli nationals and Palestinian passport holders who are the immediate family members of Canadian citizens or permanent residents, and who are currently in Canada with valid status after leaving Israel or the Palestinian Territories on or after October 7, 2023, are eligible for a fee-exempt open work permit or study permit.

Conflict in Sudan

The ongoing conflict in Sudan continues to have profound effects on Sudanese nationals in Canada, as well as many Canadians and their families. IRCC has announced the following measures in response:

• Family members in Sudan – Beginning February 27^th and for a period of 1 year, IRCC will accept a total of 3,250 permanent residence applications for the relatives of Canadian citizens or PRs in Sudan. The relative must be a spouse, common-law partner, child (regardless of age), grandchild, parent, grandparent, or sibling of the Canadian citizen or PR. The Canadian citizen or PR must meet a financial requirement and must provide their relative with orientation to life in Canada and financial support for 1 year.
• Until October 27, 2024, Sudanese nationals in Canada as visitors, workers, students, or temporary resident permit holders can apply to extend their status or change their temporary resident status (e.g. visitor to worker) for free.
• Sudanese nationals with an immediate family member who is a Canadian citizen or PR can apply for an open work permit, study permit, or PR through family sponsorship if they meet these requirements:
  • Both the Sudanese citizen and the Canadian citizen or PR left Sudan on or after April 15, 2023;
  • The Sudanese citizen entered Canada before July 15, 2023;
  • The Sudanese citizen is in Canada when filing the application and when a decision is made.

Employers Must Ensure Their Foreign Workers Are Paid the Prevailing Wage

IRCC has mandated that employers conduct wage reviews for foreign workers on LMIAs every year. The wage must continue to meet the prevailing wage as posted on Job Bank. Prevailing wages on Job Bank are updated in the fall, and employers must do their wage review by January 1 of the following year. If a wage is modified, this does not need to be reported to Service Canada if the modified wage meets the prevailing wage.

This policy came into effect on January 1, 2024, so now would be a good time for employers of foreign workers on LMIA-based work permits to check the Job Bank and ensure that their foreign workers are being paid the prevailing wage for their occupation and region of work.

International Students

IRCC has increased the funds requirement for a foreign student from $10,000 to $20,635. This funds requirement is in addition to a student’s first year tuition and travel costs.

Previously, as part of efforts to reform the immigration system for international students, IRCC also announced that certain learning institutions will be recognized as providing top-quality services and support, including housing, to international students. We will have to see how this “trusted learning institution” system is implemented, but it is likely that many private colleges which rely on international students will not make the list.

IRCC has also announced that international students will continue to be able to work for more than 20 hours per week while doing full-time studies until April 30, 2024.

The COVID-era measure allowing international students to count time spent studying online towards the length of their future post-graduation work permit, as long as the online study was less than 50% of the program, has been extended to students who begin a program of study before September 1, 2024.

If you have questions about any of these initiatives, we are happy to advise. Our Canadian immigration legal professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

At long last the Minister of Employment, Workforce Development and Official Languages, has launched a trusted employer program for foreign workers, the Recognized Employer Pilot (REP) under the Temporary Foreign Worker Program (TFWP).

REP is a three-year initiative intended to help address labour shortages and reduce the administrative burden for repeat employers participating in the program who demonstrate a history of complying with program requirements.

Under the REP, eligible employers will gain access to Labour Market Impact Assessments (LMIAs) that are valid for up to 36 months, while also benefitting from a simplified LMIA application, should they need to hire additional workers from the same occupation during the Pilot. This will help employers better plan for their staffing needs and reduce the number of different LMIAs they need to submit over three years.

To be eligible to participate in REP, employers must have a minimum of three positive LMIAs for the same occupation over the past five years from a list of occupations that have been designated as in-shortage based on Canadian Occupational Projection System data.  Although the program is for “trusted employers”, meaning those with a sound track record using the TFWP in the past and is intended to reduce the administrative burden on employers,  the Minister’s  announcement indicated that employers will be subject to a more rigorous upfront assessment process based on their history and track record with the program, in order to ensure that REP targets employers with the best recruitment practices. This appears someone contradictory and therefore,  likely not as streamlined as what many businesses were hoping for in a trusted program.  Even the list of approved occupations appears confusing, using a suite of models developed by the Economic Skills Development Canada to project labour demand and labour supply, and identify labour market imbalances (shortages/surplus) for 293 occupational groupings at the national level, covering the entire workforce for the 2022-2031- period.

REP will be rolled out in two phases:

• First, primary agriculture employers will be able to apply starting in September 2023,
• While all other employers will be eligible to apply in January 2024. Employer applications for REP will close in September 2024.

Employers who qualify can expect:

• A simplified application process for future LMIA applications for positions on the COPS list;
• Fewer points of contact between participating employers and ESDC during the pilot due to simplified LMIA forms that allow employers to hire more TFW for genuine job offers during REP; &
• A job bank designation that indicates their recognized status to increase interest from prospective workers.

The fact that employers, other than those in the agriculture industry, will have to wait until next year to use the REP is most disappointing. It also does not apply to employers using the Global Talent Steam (GTS) LMIA program or International Mobility Program, many of who have  solid track records  hiring foreign workers and are very trustworthy.  Hopefully the REP does simplify the LMIA process for those eligible employers, and the government is open to expanding the program sooner rather than later.

If you have questions about this announcement, please contact one of our Canadian immigration legal professionals by phone (416 368 1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.

As the first month of 2023 comes to a close, we at Corporate Immigration Law Firm (CILF) are shaking our heads. Some of the recent announcements are so surprising and shocking that we are left with few answers for our clients and certainly few ideas of what will come next. On the other hand, we are cautiously optimistic that processing times for some immigration business lines are starting to show signs of improvement.

Below is a summary of the Good, the Bad and the Ugly.

•  Starting January 30^th, IRCC will expand eligibility for Open Work Permits to spouses and dependent children of work permit holders at all skill levels. This is mostly a good initiative, but what about the spouses and dependent children of Canadian citizens and permanent residents?  Will IRCC finally treat spouses of Canadian citizens and permanent residents the same as spouses of foreign nationals working and studying in Canada and extend this initiative to them?
• IRCC has extended and expanded the pilot program for out-of-status construction workers in the Greater Toronto Area (GTA) by doubling the number from 500 to 1000. This is a very much needed initiative but why not extend it outside of the GTA where it is equally, if not harder to recruit workers due to limited housing and more extreme weather conditions?
• Canada and the United States have reached a deal on Nexus application backlogs this month. Nexus is a trusted traveler system. The backlog was created when Nexus offices suspended in-person interviews during the pandemic and then did not re-open due to a dispute over legal protections for US Customs and Border Protection (CBP) officers who work in Canadian Nexus offices. The Americans wanted the same protection for these CBP officers as the protections enjoyed by Preclearance CBP officers at Canadian land crossings and airports. A workaround has been announced whereby applicants can complete the in-person interviews in two stages. The first at a Canadian enrollment centre and then at a US Preclearance office at one of eight airports.
• Backlogs at Passport Offices have been eliminated and apparently it is business as usual after months of chaos with lineups stretching around government buildings. However, recently approved permanent residents aren’t so lucky and are facing huge delays in issuance of PR Cards, leaving them grounded and unable to travel outside of Canada for 180 days. Perhaps the passport offices should take over production and distribution of PR Cards that are an essential travel document for permanent residents.
• Express Entry draws continue bi-weekly and the cut-off for the comprehensive ranking score to receive an invitation to apply continues to fall. Since draws resumed in the summer of 2022 the cut-off has fallen from 557 to 490. Additionally, processing times of recently filed express entry applications appears to have returned to pre-pandemic times of six or less months for most applications.
• Applications for temporary resident visas (TRVs) are seriously backlogged and many Canadian missions abroad are reporting delays of well over six months. This is creating havoc for families desperate to reunite after pandemic travel restrictions and hardship for families wanting to attend special events and travel for humanitarian and compassionate reasons, such as funerals and end of life situations. These delays are also negatively impacting businesses that have a need for their workforce to travel to Canada for a variety of business reasons and will have a chilling impact on the Canadian tourism industry as they try to rebound after the pandemic.  This has led to desperate and unprecedented ideas being discussed behind closed doors at IRCC, including the possibility of an amnesty for large groups of pending TRV applicants and/or a policy to eliminate the criteria for a TRV, such criteria normally protect the Canadian public. An amnesty or elimination of the said criteria will almost certainly lead to increase in Canada of asylum claims, humanitarian and compassionate applications, and enforcement cases, all the while draining government resources already stretched within IRCC, the Refugee Board, the Federal Court and Canada Border Services Agency. The government needs to look at other means to use resources efficiently and other policies that might eliminate redundant applications that drain government resources. The integrity of the immigration system should not be compromised when there are other options to improve or reduce backlogs. To find out more, check out the article below published by the Canadian Immigration Lawyers Association (CILA): https://cila.co/cila-statement-on-waiving-eligibility-criteria-for-temporary-resident-visas/
• On January 1, 2023, The Prohibition on the Purchase of Residential Property by Non-Canadians Act (“the Act”) came into force, restricting foreigners from buying homes in Canada. In effect the Act prohibits executives and other foreign talent, who plan to move to Canada with their families, from buying a home until they have worked in Canada for at least three years. Given the critical skills shortages, this restriction will place Canada in an uncompetitive position compared to other countries. The Act also creates issues for companies that use relocation companies to facilitate movement of talent across international borders. Typically, relocation companies purchase and resell executives’ homes to speed up a move, but as non-Canadian, they are also banned from conducting such property transactions. The Act will likely cause more harm than benefit given that only 2.2 percent of residential property in Ontario is owned by foreign nationals. This Act is in direct contradiction with the government’s goal to admit 1.5 million new immigrants in the next three years, so it appears clearly political and definitely the ugliest of January’s immigration announcements.

If you have questions about any of these initiatives, we are happy to advise. Our Canadian immigration legal professionals can be reached by phone (416 368 1111) or via email: caruso@cilf.ca; fagan@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.