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TEMPORARY RESIDENCE PROGRAMS

Immigration law

04 Dec

Earlier this year, Immigration, Refugees and Citizenship Canada (IRCC) announced plans to reduce the proportion of temporary residents in Canada. Specifically, the goal is to lower this figure from 6.5% of the country’s total population to 5% by the year 2026.

This change reflects a strategic shift in immigration policy, likely aimed at addressing various social, economic, and logistical challenges associated with managing a larger temporary resident population. By decreasing the percentage of temporary residents, the government may be seeking to enhance integration processes for newcomers, ensure adequate resources for long-term residents, or adjust to evolving labor market needs.

To make sure that the temporary residents we welcome to Canada receive the support they need, the Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, has announced new steps to manage the number of temporary residents coming in, keep our immigration system strong, and protect those who are vulnerable.

Here are the measures being implemented:

  • Reducing the number of international student study permits for 2025 by 10%, bringing the total down from 485,000 in 2024 to 437,000. They will keep the same number for 2026
  • Updating the Post-Graduation Work Permit Program this fall to better match immigration goals and the needs of the job market.
  • Later this year, work permits for the spouses of master’s degree students will only be available for those whose programs last at least 16 months.
  • Also, later this year, work permits will be limited for the spouses of foreign workers in management, professional jobs, or in sectors facing labor shortages.

Like many countries, Canada is seeing an increase in asylum claims due to the rising number of displaced people worldwide, which is adding to the volume of temporary residents. To meet our humanitarian duties, the government is working on several actions to improve the asylum system and address integrity issues, including:

  • Introducing partial visa requirements for Mexican nationals.
  • Enhancing the processing of claims while ensuring the asylum system remains fair and trustworthy, as announced in 2024.
  • Reviewing how visa decisions are made so that our trained officers have the right tools to spot fraud and reduce the number of people visiting for insincere reasons.
  • Looking into additional measures to further strengthen visa integrity.

The steps taken, along with the new ones announced, will boost immigration system and meet the changing needs of Canada. Immigration has been all ears, listening to Canadians, including provincial, territorial, and municipal partners, as well as community leaders. Canada is committed to keeping the system strong and making sure Canada grows responsibly, after all, we can’t just let it turn into a maple syrup swamp.

Colleges and institutions have received confirmation from IRCC about the changes to the eligibility for the Post-Graduation Work Permit (PGWP) for college students.

Current International Students: Those studying in Canada now will be eligible for the PGWP, no matter what program they are in.

Prospective Students: Students who apply for a study permit before November 1, 2024, will also be eligible for the PGWP, regardless of their program.

Future Applicants: A list of eligible programs will be released later this fall for the students who apply for a study permit after November 1, 2024, will only qualify for the PGWP if their program addresses a recognized labor need.

The updated cap will now bring master's and doctoral (PhD) students into the fold, meaning they can no longer skate by without getting a Provincial Attestation Letter (PAL). Looks like those high-achieving scholars will have to jump through a few more hoops. Who knew academia came with extra paperwork?  (The PAL is a way for provinces to check that accepting a particular international student fit into their allowed number of international students) 

PALs were rolled out earlier this year for many college and undergrad students to help IRCC check that their applications are the real deal and keep the number of studies permits from going off the charts. It’s like having a VIP pass for your student application, just to make sure nobody is sneaking in for the free Wi-Fi.

Graduate students often bring specialized skills, innovative ideas, and research expertise that can drive economic growth and enhance competitiveness across various industries. The department has announced that it will reserve about 12% of allocation spaces specifically for master's and doctoral students. This decision acknowledges the significant contributions these advanced degree holders make to the Canadian labor market.

This move not only supports the academic community but also helps to fill critical gaps in the workforce, addressing skill shortages and fostering a more dynamic and diverse economy.

Also, there are more changes to the eligibility requirements for the Post-Graduation Work Permit (PGWP). Starting November 1, applicants must show a Canadian Language Benchmark CLB score of 7 if they graduated from a university and a CLB score of 5 if they graduated from a college.

Minister Miller predicts that this will lead to about 175,000 fewer PGWPs being issued over the next three years. So, if you're hoping to snag one, you might want to start practicing your “please” and “thank you” in both English and French—every little bit helps.

IRCC is also changing work permit rules later this year. Only spouses of master’s degree students whose programs last at least 16 months will be eligible. This change is expected to lead to 50,000 fewer spousal work permits being issued over the next three years.

Graduates from public college programs will still be eligible for a Post-Graduation Work Permit (PGWP) of up to three years, provided they complete a field of study related to jobs that are in long-term demand.

Outside of the international student program, Spousal Open Work Permits will now only be available to the spouses of Canadians or permanent residents working in essential job sectors. So, if your partner is saving the world one health care shift at a time, congratulations! If not, it might be time for them to pick up a side gig as a superhero.

The measures announced are designed to reduce the number of temporary residents in Canada holding work permits in the near future as Canada’s unemployment rate has been going up since April 2023, increasing by 1.5 percentage points.

According to Employment and Social Development Canada (ESDC), the overall rate went from 6.4% to 6.6%. In August 2024, there were 1.5 million people without jobs, which is 60,000 more (+4.3%) than the month before.

Canada has implemented several measures to reduce the number of temporary residents, including:

  • Policy that allowed some visitors to apply for job-supported work permits while in Canada.
  • Pausing the processing of Labour Market Impact Assessments (LMIAs) for low-wage jobs in areas where the unemployment rate is 6% or higher.
  • Considering major changes to how Post-Graduation Work Permits (PGWPs) are issued to international graduates, linking these permits to educational programs that prepare graduates for in-demand sectors in the Canadian economy.

Minister Miller has previously indicated his willingness to consider various options for adjusting the levels of permanent immigration to Canada. This openness suggests that he recognizes the importance of fine-tuning immigration policies to better align with the country's economic needs and demographic trends.

His willingness to engage in this conversation highlights a proactive approach to building a sustainable immigration system that meets the challenges and opportunities facing Canada today. After all, it’s like tuning a fiddle-if you want the music to be harmonious, you’ve got to adjust those strings.

He stressed the importance of not "overcorrecting" these levels, but he also pointed out that the changes he’s considering would be "significant" rather than merely "cosmetic." So, no band-aids or paint jobs here, Think more along the lines of a full renovation. Expect more details on this topic to come out in the next few weeks.

By exploring these adjustments, the Minister aims to ensure that Canada can effectively address labor shortages, support economic growth, and maintain a balanced approach to immigration that benefits both newcomers and existing residents.

For professional guidance on immigration matters, please reach out to RRM Law directly. Our experienced immigration lawyer is here to assist you with your questions and provide tailored advice to meet your needs.