On January 22^nd, 2024, the Honorable Marc Miller, Minister of Immigration, Refugees and Citizenship introduced a cap on international student permit applications for a period of 2 years in an effort to control the uneven distribution of international student demographics across provinces and contain associated problems (housing crisis, bad actors, reduced PGWP demand etc.)

In addition to the cap for international study permit applications, the news release included the following:

• Approximately 360,000 study permits alone will be approved for 2024 as a result of the cap. 
• There will be a provincial and territorial cap, weighted by province allocated by IRCC to each province. Each province will then distribute the allocation among their DLIs (Designated Learning Institutions). It can be expected that provinces (Ontario, British Columbia) that typically host a larger share of international students will have a drastically reduced international student population. 
• The following groups were identified to be exempt from the cap requirements:
  • Students pursuing Masters and doctoral degrees
  • Students renewing their study permits
  • Students currently holding study permits
  • Students enrolled in elementary and secondary education
• As of January 22, 2024, IRCC has mandated that study permit applications not exempted from the cap be submitted with a Provincial Attestation Letter (PAL) issued from a province or territory. Applications submitted without a PAL will be deemed incomplete and returned. 
• IRCC has set a deadline of March 31, 2024 for provinces and territories to establish a process for issuing attestation letters to students. 
• The following changes with respect to eligibility were made to the Post-Graduation Work Permit Program:
  • International students beginning a study program in September of 2024, at private colleges which had a curriculum licensing arrangement with public DLIs, will not be eligible to apply for PGWP. 
  • Graduates of short term Masters degree programs will soon be eligible for a 3-year work permit. 
• The eligibility criteria for spousal open work permits of spouses of international students has now changed to include only spouses of international students enrolled in Masters degree and doctoral program. Spouses of students enrolled in other levels of study including postsecondary and postgraduate programs are no longer eligible for a spousal open work permit. 

What we know as of February 5, 2024

• All study permit extension applications submitted after Jan 22, 2024 (inside Canada) require VERIFICATION but are exempt from Provincial Attestation Letters (PAL)
• Study permit applications that are already submitted before Jan 22, 2024 8.30 E.T. will be processed based on previous policies, so those students are exempt from the cap and the requirement to provide a PAL
• Verification is a process wherein the DLI issuing the Letter of Acceptance to the student directly confirms the student’s enrollment status with IRCC
• All study permit applications submitted outside Canada require a Provincial Attesation Letter. 
• PGWP duration - Short term (less than 2 years)  Masters degree students are eligible for a postgraduate work permit for a duration of upto 3 years
• Students completing postgraduate diplomas will only be eligible for a PGWP duration aligned with their duration of study
• Spousal open work permit (SOWP) applications of spouses of international students submitted before Jan 22, 2024 will not be affected by the Jan 22, 2024 announcement
• SOWP applications of spouses extending their work permits due to the  principal applicant (international student) extending their study permit will not be affected by the policy change regardless of the international student’s level of study (i.e postsecondary, postgraduate or degree program)
• Spouses of new study permit applicants going into postsecondary and postgraduates programs are no not eligible for SOWP

It is expected that IRCC will have further updates in the coming days pertaining to all the above mentioned categories. In these unprecedented times, we advise students and their family members to seek out legal advice to ensure that they have explored the best available options.

Contact us for assistance with your study permit and SOWP applications.