Additional Restrictions For Temporary Residents, Including Students And Temporary Foreign Workers, Forthcoming
Immigration, Refugees and Citizenship Canada (IRCC) has announced another round of restrictions for several temporary residence programs, as it continues its goal to better manage the increase of temporary residents.
Canada
Immigration
At a Glance
- Immigration, Refugees and Citizenship Canada (IRCC) has
announced another round of restrictions for several temporary
residence programs, as it continues its goal to better manage the
increase of temporary residents. The new policy changes affect
international students and temporary workers and include:
- A smaller cap on new international student permits for
2025;
- Further restrictions for spouses of international master's
degree students;
- New language requirements under the Post-Graduation Work Permit
Program; and
- New work permit restrictions for spouses of foreign nationals
hired under the Temporary Foreign Worker Program and International
Mobility Program.
- More foreign nationals may face hurdles regarding study or work
permit eligibility, which may also reduce flexibility for employers
seeking to hire foreign nationals.
The situation
Immigration, Refugees and Citizenship Canada (IRCC) has
announced another round of restrictions for several temporary
residence programs – including for international students and
temporary foreign workers – as it continues its goal to
better manage the increase in temporary residents.
A closer look
Change |
Impact |
Smaller cap on new international student permits for
2025.
- Canada will cap the number of approved study permits for
international students in 2025 at 437,000 – a decrease of 10%
from 2024. It expects to maintain this number in 2026.
- Furthermore, the 2025-2026 cap will include master's and
doctoral student applicants, who have been exempt from the cap in
2024. IRCC will be reserving approximately 12% of cap allocations
for these students.
- IRCC first introduced the temporary two-year cap on the
issuance of certain new international student permits in April 2024
to manage immigration growth and improve student program integrity.
It had set a target of 485,000 new study permits for 2024.
|
- More international students may face hurdles to studying in
Canada since they may be subject to a more restrictive cap.
- This change also means that learning institutions in Canada may
have access to an even smaller pool of international students due
to the reduced cap.
- More details on the cap calculation and finalized allocations
of the cap among Canada's provinces and territories for 2025
are forthcoming.
|
Further restrictions for spouses of master's degree
students.
- Effective later in 2024 (the exact date has not yet been
announced), open work permits (which typically allow holders to
work anywhere and for most employers in Canada) will only be
available to spouses of international students in master's
degree programs if the program is at least 16 months in
duration.
- In April 2024, IRCC stopped issuing open work permits for
spouses of international students, except those in master's
degree and doctoral programs and other certain professional degree
programs. However, it was not conditional on the program's
duration.
|
- When this rule comes into effect, affected spouses of
international students in master's degree programs may need to
find other available pathways to work in Canada during their
stay.
- Additional details are expected to be forthcoming, including
whether existing spousal work permit holders will be able to apply
to renew their work permits.
|
New language requirement under the Post-Graduation Work
Permit (PGWP) Program.
- Starting November 1, 2024, any international student applying
for a PGWP will be required to demonstrate a minimum language
proficiency in French or English - a Canadian Language Benchmark
(CLB) level 7 for university graduates and CLB 5 for college
graduates.
- Currently, PGWP applicants are not subject to language
requirements.
|
- The new language requirement is likely to make it more
difficult for non-English/French-speaking foreign students to
qualify for a PGWP, which allows graduates from certain designated
learning institutions in Canada to work in Canada for up to three
years.
- IRCC expects that this requirement will result in 175,000 fewer
PGWPs being issued over the next three years.
|
New work permit restrictions for spouses of foreign
nationals hired under the Temporary Foreign Worker Program (TFWP)
and International Mobility Program (IMP).
- Effective later in 2024 (the exact date has not yet been
announced), open work permits will only be available to spouses of
foreign nationals hired under the TFWP and IMP who are in
managerial or professional occupations or in sectors with labour
shortages.
- Currently, the work permit eligibility criteria for spouses of
temporary foreign workers does not include restrictions on the
foreign worker's occupation/role outside of TEER 4 and 5
occupations.
|
- Affected spouses of temporary foreign workers may need to find
other available pathways to work in Canada during their stay.
- This restriction may make Canada a less attractive destination
for many foreign nationals seeking to work temporarily in Canada.
In turn, employers seeking to fill roles which are not managerial
or professional or those in sectors without labour shortages, may
need to fill more vacancies with Canadian citizens or those already
with status authorizing them to work in Canada.
|
Background
Earlier this year, the government of Canada announced a
"soft cap" on temporary residents in Canada with a goal
to reduce the temporary resident population in Canada from 6.2% to
5% over the next three years, due to housing affordability and
other infrastructure pressures. With this aim, the government has
been continuously rolling out policy changes to tighten the international student program and restrict
eligibility requirements for temporary foreign workers, enforcing employer
compliance and making Labour Market Impact Assessments more
rigorous to ensure there are no negative effects on Canadian
workers.
Looking ahead
The government will continue to review immigration policies as
the labour market and economic conditions evolve in Canada.
According to IRCC, the proposed reduction of temporary residents
will be reflected in the 2025–2027 Immigration Levels Plan
(to be released by November 1, 2024), which may result in
additional policy changes and restrictions.
Additionally, IRCC has also announced it will be updating the
Post-Graduation Work Permit Program later this year to better align
with immigration goals and labour market needs, which will also
likely result in more changes for international students.
Furthermore, Canada is experiencing a significant rise in asylum
claims as the number of displaced people worldwide continues to
grow and foreign nationals already in the country find it difficult
to pursue a pathway to permanent residence status, which
contributes to growing immigration case volumes. The government may
take measures to strengthen the Canadian asylum system which may
result in additional immigration policy restrictions.
We will continue to report on related developments.
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