Update: After sector pressure, the IRCC has since clarified its PGWP ‘grandfathering’ policy.
In a webinar on November 29, the IRCC said that if a student has changed their program of study from what was written on their letter of acceptance and they need to extend their study permit, they will lose their ‘grandfathered’ status and “must meet the field of study requirements… to be eligible for a PGWP”.
The clarification is related to the new PWGP eligibility requirements that took effect on November 1, which laid out a list of 966 study programs – with a few added since – that are eligible for post-graduate work permits, as determined by the country’s labour market needs. The update has been shared in technical briefings but has not yet been published on the IRCC website.
Students who had their study permits before November 1 were ‘grandfathered’ into being PGWP eligible, even if their program of study wasn’t tied to a CIP code that determines its eligibility under the new rules.
Now, unless the students changed to a PGWP eligible program, if they need to extend their permit, they will not be able to remain in Canada on a work permit after graduation.
“In my little college, that could be 23% of students. Changing your program of study should not have negative life altering consequences,” said Larissa Strong, director of international at College of the Rockies in British Columbia.
“We have lost the students and education in this decision and are only considering the labour market and immigration outcomes,” said Strong.
After the new requirements announced in October and quickly implemented the following month, stakeholders expressed relief that current students were ‘grandfathered’ under the existing rules, but those who need to extend their permits will now lose out on this.
Instances where students need to extend their study permit are commonplace among domestic and international students, for example if a student completes a term of studies and then decides to change their program, among other reasons that cause students to study for longer than the originally prescribed program.
“I find it quite short-sighted, heavy-handed, and not consistent either with the experiences of students,” immigration lawyer, Will Tao, told The PIE.
“It further entrenches a two-tiered approach that will put an additional barrier and constraint on the well-being of students. Switching institutions, far from being merely a scheme for fraud, is a bona fide process for many, arguably, most students,” said Tao.
Stakeholders reacting to the news on LinkedIn expressed dismay at the short-sightedness of the rules that were “out of touch with the student journey”.
According to immigration consultant Bree Carney, it is difficult to assess if the rules are already being carried out by the IRCC, and we won’t truly know if it is enacting this policy until either a student applies for a PGWP – with the first batch most likely not being until April/ May 2025 – or when the IRCC finalises the policy guidelines on its website.
“This puts students in a horrible situation of having no real idea of the impacts of having changed programs prior to November 1.
“With only snippets of guidance from IRCC in regards to how their policies are being implemented, students are being forced to make life altering decisions based on presumptions,” said Carney.
We have lost the students and education in this decision and are only considering the labour market and immigration outcomes
Larissa Strong, College of the Rockies
Addressing the CBIE conference in November 2024, immigration minister Marc Miller told delegates: “It should always be remembered that I am the minister of immigration. The awarding of a post-graduate work permit is a privilege, the awarding of a student permit is a privilege.
“My foremost concern is the integrity of the immigration system, so dealing with basic elements of fraud and people gaming the system and making sure we have an international visa program that is designed to do what it is designed to do, and I think we’ve veered away from that.”
In the webinar on November 29, the IRCC added that all PGWP applications – except for those from flight school graduates – submitted on or after November 1 must also comply with the new language requirements included in the eligibility criteria.
For university students graduating from bachelor’s, master’s and PhD programs, all fields of study remain eligible for PWGP, but other university programs and all college-level programs must now meet the new criteria.
Reacting to the policy changes in October, sector leaders expressed support for fostering alignment between PGWP opportunities and labour market needs, but many details of the policy raised alarm in an already volatile sector.
