Canada’s Immigration Minister Marc Miller announced additional tightening measures to Canada’s Temporary Resident Program in response to the country’s economic needs and labour market conditions. Miller emphasized the reduction of temporary residents in Canada, upholding the integrity of the immigration system, protecting vulnerable people, mitigating fraud and ensuring program compliance is strictly enforced.
Immigration Minister Marc Miller said, and I quote “less than a year ago we announced three big measures when it comes to international students. One a national cap and a redistribution of the student permits out of a spirit of fairness across the provinces and territories to a very important limitation on spousal permits and three as part of making sure that the system is dealing with fraud that we had seen in the process of letter of acceptances that involves the provinces certifying that the institutions that students internationals students are coming into are indeed those that we see on the applications.”
Canada will implement a 10% reduction in study permit issuance for the years 2024 and 2025. Beginning in 2025, this cap will include international students pursuing master's, doctoral, and other designated programs. Additionally, effective November 1, Immigration, Refugees and Citizenship Canada (IRCC) will require a minimum Canadian Language Benchmark (CLB) score of 7 for university graduates and 5 for college graduates applying for post-graduation work permits.
Effective November 1, post-graduation work permit eligibility for prospective students will be contingent upon their level of study. Graduates from bachelor's, master's, and doctoral degree programs will continue to be eligible for work permits of up to three years. However, graduates from public college programs will only be eligible for three-year work permits if their field of study aligns with Canada’s labor market shortages.
IRCC intends to restrict work permit eligibility for spouses of international students enrolled in doctoral programs, select master’s programs, designated professional programs, and specific pilot programs.
Work permit eligibility for spouses will be restricted to those whose spouses or partners are highly skilled, specialized workers, including C-suite executives, scientists, engineers, lawyers, professors, technicians, and individuals employed in sectors with critical labor shortages. Spouses of workers in critical sectors, such as healthcare and construction, will maintain their eligibility for work permits.
Minister of Employment Randy Boissonault reiterated changes to the Temporary Foreign Worker Program. In his statement and I quote “let me state that I’ve always been clear that the temporary foreign worker program is has always been a last resort measure and should never been used to replace Canadian workers who want the jobs, and it should not be used to suppress their wages.”
Effective September 26, the 10% employer cap on Temporary Foreign Workers (TFWs) under the low-wage stream will be implemented nationwide, including Quebec. An exception will be granted to employers seeking to address labor shortages in the healthcare, construction, and food processing sectors, who may retain a 20% cap. All LMIA-approved positions under the low-wage stream will be limited to one-year work durations, except for those in primary agriculture. Additionally, the refusal-to-process policy will be applied to all census metropolitan areas with unemployment rates exceeding 6%, with exceptions for employers filling labor shortages in the healthcare, construction, and food processing sectors.
These changes may have significant impacts on temporary foreign workers and employers who rely on these programs. More foreign nationals may face hurdles regarding study or work permit eligibility, which may also reduce flexibility for employers seeking to hire foreign nationals.
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Sources:
- Immigration, Refugees and Citizenship Canada
- Employment and Social Development Canada
Contact Marjorie at [email protected]
A word of caution: You should not act or rely on the information provided in this column. It is not a legal advice. To ensure your interests are protected, retain, or formally seek advice from a Regulated Canadian Immigration Consultant (RCIC) in good standing of CICC. The views expressed in this article do not necessarily reflect those of RCIC’s.
