Abrupt Policy Changes in Canada's Work Permits for Visitor and Student Visa Holders

Shall adversely impact lakhs of students from India, more particularly from Punjab.

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Work Permit Policy Changes in Canada Immigration

Canada on Wednesday (August 28) abruptly announced sweeping changes to its immigration policies, specifically targeting work permits for those on visitor visas and student visas. These updates are set to adversely impact temporary residents and international students in Canada, as they will alter their ability to work and study within the country. The policy changes are part of a broader initiative to better manage the number of temporary residents and to uphold the integrity of Canada's immigration system. However, these new regulations may pose challenges for many individuals, particularly those who came to Canada with the expectation of transitioning from visitor or student status to work permits, and eventually to permanent residency and citizenship.

Impact on Indian Students, Especially from Punjab

These policy changes will significantly impact Indian students in Canada, particularly those from Punjab, who have seen substantial growth in recent years. As of 2023, around 319,130 international students from India were enrolled in Canadian educational institutions, making up 37-41% of the total international student population. This growth is even more pronounced among students from Punjab, who constitute the majority of Indian students in Canada. In 2022 alone, approximately 136,000 out of 225,450 Indian students granted study permits were from Punjab.

Currently, estimates suggest that about 340,000 students from Punjab are studying in Canada, representing 70-75% of all Indian students in the country. This remarkable increase highlights the strong educational ties between Canada and India, particularly Punjab, creating a pathway that often leads to permanent residency and citizenship. However, these numbers may fluctuate due to policy changes, diplomatic relations, and evolving trends in international student mobility.

Changes for Visitor Visa Holders

End of the Temporary Work Permit Policy

As of August 28, 2024, Canada has terminated the temporary policy that allowed visitors on tourist visas to apply for work permits from within the country. This policy was initially introduced in August 2020 as a response to the COVID-19 pandemic, which left many visitors stranded due to border closures. The policy was initially set to expire on February 28, 2025, but has now been concluded six months early (source).

Reasons for the Policy Change

The early termination of this policy is part of Canada’s broader efforts to manage the number of temporary residents and maintain the integrity of its immigration system. By ending this policy ahead of schedule, Canada aims to prevent potential misuse and ensure that the system is not overwhelmed by applicants seeking to exploit temporary measures (source).

Impact on Pending Applications

For those who applied for work permits under this policy before August 28, 2024, their applications will still be processed as usual. However, any new applications for work permits from visitors in Canada on a visitor visa will no longer be accepted (source).

Changes for Student Visa Holders

New Rules for Post-Graduation Work Permits

Starting September 1, 2024, international students enrolled in private colleges offering licensed curriculum will no longer be eligible for Post-Graduation Work Permits (PGWPs). This change marks a significant shift in policy, as it aims to streamline the pathways to work permits and focus on institutions with public or high-standard private accreditation (source).

Expanded Eligibility for Master's Graduates

In a positive development for postgraduate students, graduates of master’s programmes will now be eligible for three-year PGWPs, irrespective of the duration of their programme. This change is expected to encourage more international students to pursue advanced degrees in Canada, knowing that they will have extended opportunities to gain work experience post-graduation (source).

Restrictions on Work Permits for Spouses

In addition to changes affecting students directly, Canada has also announced that only spouses of students enrolled in master’s, doctoral, and professional programmes will be eligible for open work permits. This restriction is likely to impact families of international students pursuing other types of degrees, making it more challenging for them to secure employment in Canada (source).

Impact on Existing Permit Holders

Validity of Existing Work Permits

For those currently holding work permits in Canada, these permits will remain valid until their expiration date. There will be no retroactive changes affecting those who have already been granted permits under the now-ended visitor policy or under previous rules for student permits (source).

Continued Eligibility for Some Students

International students who began their studies before September 1, 2024, at public-private partnership institutions will still be eligible for PGWPs upon graduation. This provision ensures that students who have already made educational commitments under the old rules will not be adversely affected by the new policy changes (source).

Summing Up

These recent changes to Canada’s immigration policies reflect a strategic recalibration to manage the influx of temporary residents and prevent misuse of temporary measures. While these changes bring new challenges for some, particularly visitors and students at private institutions, they also offer new opportunities for those pursuing advanced degrees in Canada¹. It is crucial for all affected individuals to stay informed and understand how these changes might impact their stay and work opportunities in Canada².

Obtaining legal advice from reputable attorneys is a prudent course of action. It is important to avoid relying on self-styled and unqualified counsellors who may appear more empathetic due to their Punjabi origin. Instead, focus on professional guidance to ensure a proper understanding of the situation. Additionally, conducting thorough internet research can provide valuable insights and help inform the next steps.

Citations:

[1] Times of India
[2] Business Today
[3] Gowling WLG
[4] Business Today
[5] ArriveIn
[6] Canada.ca
[7] Business Standard
[8] Economic Times

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