Confusion emerged late last year after IRCC technical briefings led institutions to believe that by extending their study permits, students might sacrifice their ‘grandfathered’ status to PGWP eligibility. Such status had been guaranteed to all students whose study permits were approved before new PGWP eligibility rules came in on November 1, 2024.
The update was not published on the IRCC’s website, and the department has since confirmed to The PIE News that students who changed their program before November 1, 2024, and need an extension to complete the same program of study, are still eligible for a PWGP, and their eligibility is not subject to the new field of study requirements.
“Applicants who submitted a study permit application prior to November 1, 2024 remain eligible to apply under the previous PGWP rules and are grandfathered from the new field of study requirement, provided they are pursuing the study program for which their study permit was issued,” said IRCC senior communications advisor Isabelle Dubois.
“Those applying for a new study permit or study permit extension to start a new program of study on or after November 1, 2024 are subject to the new rules on post-graduation work permits,” added Dubois.
While welcoming the news, sector leaders have expressed their frustration at the constant policy changes made by the IRCC last year, causing widespread confusion among institutions and students.
“It is the right decision to walk back on this [guidance]. It could have also been that the initial presenter misspoke,” immigration lawyer Will Tao suggested to The PIE.
“One of the things when policies change so quickly (and are drafted so quickly) is the possibility of unclear language or unforeseen consequences increases.
“It is no easy task as these policies are occurring within a convoluted and complicated mix of legislation, regulation, and soft-law policy, not to mention on the ground realities,” said Tao.
One of the things when policies change so quickly… is the possibility of unclear language or unforeseen consequences increases
Will Tao, Heron Law Offices
Amid uncertainty about the policy late last year, some international students at Canadian colleges had already started to return home, according to educators. It is thought that the pressure from stakeholders compelled the IRCC not to go ahead with the policy change and act in favour of students.
In email correspondence with one Canadian institution, the IRCC recommended that students applying for a study permit extension also submit support documents such as a letter of acceptance or letter of enrolment to show their change of program prior to November 1, 2024.
Canada’s new PGWP eligibility rules came into effect in Canada on November 1, 2024, outlining a list of nearly 1,000 college programs tied to labour market shortages that students must graduate from to be eligible for a PGWP. These were divided into categories spanning agriculture, healthcare, STEM, trade, transportation and the recently added education.
While university programs remain eligible, college students must meet the new criteria to apply for a PGWP. However, changes to the PGWP stream do not apply to the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP).
Sector leaders have expressed concerns that the IRCC’s recently announced job cuts could reduce its capacity to provide policy guidance that is “so badly needed” by the sector. While recognising the need for responsive policy changes, stakeholders are urging policymakers not to exclude students from the conversation.
