Lawyers explain Canada’s study permit restriction

TOPMARKE Attorneys, based in Toronto, Canada, have cleared the air on the new immigration policies in Canada concerning its study permit restriction.

On study permits, which took effect on January 22, 2024, the lawyers disclosed that there is a two- year limit on the amount of new study permits that could be approved for international students.

They explained that for 2024, the cap is 360,000 approvals, while the approval limit for 2025 will be assessed at the end of 2024.

Applicants exempted from the limit are current study permit holders; study permit holders seeking renewal; and students applying for graduate- level programmes, including Master’s, Doctoral degrees, elementary and secondary education.

Also, new study permit applicants are required to submit their applications along with an attestation letter issued by the province of their designated learning institution.

Failure to attach this letter, they said, will result in a return or rejection of the applications.

The lawyers added that minors in primary or secondary school ( from kindergarten to grade 12; study permit holders seeking extension; and students applying for masters, doctoral ( Ph. D.), or other post- graduate programmes are exempted from the attestation letters.

Managing Partner, Topmarke Attorneys, Johnson Babalola, explained that the rationale for the cap on study permits is to ensure that Canada and its institutions can accommodate and provide a sustainable environment for international students without causing a strain on the economy.

Founding Partner at Topmarke Attorneys, Akin Reju, said the cap on study permits applies to only undergraduate- level programmes.

“There is no mention of whether the limit would also apply to graduate certificate programmes and graduate diplomas,” they said.

The immigration specialists explained that in the coming weeks or months, graduates of master’s and other short graduate programmes, including graduate certificates or graduate diplomas, would become eligible to apply for a threeyear Post- Graduate Work Permit ( PGWP).

Unlike the current policy where the length of PGWP is based solely on the duration of an individual’s study programme, the anticipated change in the length of PGWP increases a graduate’s eligibility for permanent residency.

“It would ease the transition to permanent residency since they would have sufficient time to secure employment and gain necessary work experience even with a one- year programme,” the lawyers said.

The lawyers added that from September 1, 2024, international students who physically attend private colleges licensed by a public college would no longer be granted PGWP.

They also said soon, only spouses of students in masters’ and doctoral programmes would be eligible for spousal open work permits.