Confusion emerged late final 12 months after IRCC technical briefings led establishments to imagine that by extending their research permits, college students may sacrifice their ‘grandfathered’ standing to PGWP eligibility. Such standing had been assured to all college students whose research permits have been permitted earlier than new PGWP eligibility guidelines got here in on November 1, 2024.
The replace was not printed on the IRCC’s web site, and the division has since confirmed to The PIE Information that college students who modified their program earlier than November 1, 2024, and want an extension to finish the identical program of research, are nonetheless eligible for a PWGP, and their eligibility shouldn’t be topic to the brand new area of research necessities.
“Candidates who submitted a research allow software previous to November 1, 2024 stay eligible to use below the earlier PGWP guidelines and are grandfathered from the brand new area of research requirement, offered they’re pursuing the research program for which their research allow was issued,” mentioned IRCC senior communications advisor Isabelle Dubois.
“These making use of for a brand new research allow or research allow extension to start out a brand new program of research on or after November 1, 2024 are topic to the brand new guidelines on post-graduation work permits,” added Dubois.
Whereas welcoming the information, sector leaders have expressed their frustration on the fixed coverage adjustments made by the IRCC final 12 months, inflicting widespread confusion amongst establishments and college students.
“It’s the proper resolution to stroll again on this [guidance]. It might have additionally been that the preliminary presenter misspoke,” immigration lawyer Will Tao prompt to The PIE.
“One of many issues when insurance policies change so shortly (and are drafted so shortly) is the opportunity of unclear language or unexpected penalties will increase.
“It’s no straightforward job as these insurance policies are occurring inside a convoluted and sophisticated mixture of laws, regulation, and soft-law coverage, to not point out on the bottom realities,” mentioned Tao.
One of many issues when insurance policies change so shortly… is the opportunity of unclear language or unexpected penalties will increase
Will Tao, Heron Legislation Places of work
Amid uncertainty in regards to the coverage late final 12 months, some worldwide college students at Canadian schools had already began to return dwelling, in line with educators. It’s thought that the strain from stakeholders compelled the IRCC to not go forward with the coverage change and act in favour of scholars.
In e-mail correspondence with one Canadian establishment, the IRCC beneficial that college students making use of for a research allow extension additionally submit help paperwork comparable to a letter of acceptance or letter of enrolment to point out their change of program previous to November 1, 2024.
Canada’s new PGWP eligibility guidelines got here into impact in Canada on November 1, 2024, outlining an inventory of practically 1,000 school applications tied to labour market shortages that college students should graduate from to be eligible for a PGWP. These have been divided into classes spanning agriculture, healthcare, STEM, commerce, transportation and the just lately added training.
Whereas college applications stay eligible, school college students should meet the brand new standards to use for a PGWP. Nonetheless, adjustments to the PGWP stream don’t apply to the Momentary International Employee Program (TFWP) or the Worldwide Mobility Program (IMP).
Sector leaders have expressed considerations that the IRCC’s just lately introduced job cuts might cut back its capability to offer coverage steerage that’s “so badly wanted” by the sector. Whereas recognising the necessity for responsive coverage adjustments, stakeholders are urging policymakers to not exclude college students from the dialog.