Immigration Issues with an Impact on Young People

IMMIGRATION ISSUES WITH AN IMPACT ON YOUNG PEOPLE

Study Permits for Foreign Students

By Joy-Ann Cohen, M.A., LL.M., Barrister and Solicitor, , 416-920-9039

Study permits, work and post-graduate opportunities are intricately linked. This is evident in the rationale of the former government, led by a Conservative majority, described below, for regulations lowering the age of dependent children on Aug. 1, 2014,[1] and changing the rules surrounding study permits on June 1, 2014. [2], [3] The age will go up again to 22, likely in the Fall of 2017, according to amendments published in the Canada Gazette or Oct. 29, 2016.[4] The Liberal party majority has its own rationale for implementing the increase in age.

In addition, as of Nov. 19, 2016, foreign students who complete part of their post-secondary education in Canada will get additional points towards applications for permanent residency.[5] The federal government announced this change on its immigration website Nov. 11, 2016.[6]

Also, foreigners from visa-exempt countries who received study permits since Aug. 1, 2015 need Electronic Travel Authorizations to enter Canada. Even if a student from a visa-exempt country received the study permit before Aug. 1, 2105, upon exiting and re-entering Canada, the person needs an eTA.

Goals for attracting foreign students

According to Karen McBride, the President and CEO of the Canadian Bureau of International Education (CBIE), at the beginning of 2014 “the federal government unveiled Canada’s first International Education Strategy (IES)”.[7]

She is aware of the strategy, and has written about its objectives[8]:

·  Double Canada’ international student population.

·  Focus on priority education markets: Brazil, China, India, Mexico, North Africa. and the Middle East and Vietnam, and reinforce established markets.

·  Brand Canada to maximize success.

·  Strengthen institutional research partnerships and educational exchanges, and leverage people-to-people ties

·  Leverage resources – government, associations, institutional, other sectors – to maximize results.

DECREASE IN THE AGE OF DEPENDENCY, FALL 2014 and INCREASE AGAIN, FALL 2017

Changes affect who will need study permits

1.  Because the age of dependency went from 22 to 19 on August 1, 2014, people between those ages who previously did not need study permits, may require them, now. (As an exception, those who are disabled can be dependents of their parents with no age limit. Some transitional provisions provide a temporary reprieve for other young people.) (For the impact of the increase in age to 22 again in the Fall of 2017, see point 3. immediately below)

In any event, on Aug. 1, 2014, the federal government lowered the age of dependency from the previous “less than 22” to “less than 19” and this change will remain in effect until the fall of 2017.

The motivation for lowering the age of dependency in 2014 is in the Regulatory Impact Statement accompanying the amendments:

Dependent children of selected immigrants are admitted on the basis of their relationship to the principal applicant in all immigration classes (economic, family and refugee/humanitarian). As well, dependent children may be sponsored in the family class. Dependent children represent 30 per cent of the overall immigrants admitted annually to Canada. Statistics demonstrate that older dependent children (those who arrive between the ages of 19 and 21) have lower economic outcomes over the long run than those who arrive in Canada at a younger age (between 15 and 18 years old).

Government and academic research has demonstrated that older immigrants have a more challenging time fully integrating in to the Canadian labour market. This is more evident for immigrants who are not selected based on their own merits (e.g. dependent children). [9]

2.  Older children who depend substantially on the support of their parents because they have been studying continuously are no longer considered dependents, Members of this group will either apply for study permits in Canada or they will go elsewhere. Requiring visa offices to check the veracity of statements was an expense the federal government did not want to continue paying, any longer. Without these precautions, the program was open to fraud, so it was dropped. In 2017, this issue will be treated the same, except it will arise only for children 22 and above.

My recommendation: The ideal plan for parents on temporary resident permits, who come to Canada with young children, is to apply for permanent resident status as soon as they become eligible, so that none of their children reach the age of 19 [or after fall 2017, the age of 22] before the lock-in date for their permanent resident applications.

3.  However, the age of dependency will soon be going up to 22 again, according to Regulations Amending the Immigration and Refugee Protection Regulations (Age of Dependent Children) proposed in the Canada Gazette on Oct. 29, 2016. The announcement provided a 30 day period for consultation. It is anticipated the Regulations will be approved and in force in fall 2017. [10]

The reason stated for the age going up again to 22 is explained as follows:

It is recognized that many young adults remain with their parents for a longer period of time. Given the importance placed on education, it is not unusual for some children to remain with their nuclear family while pursuing higher education before entering the labour market. The current definition of “dependent child” in the Immigration and Refugee Protection Regulations (the Regulations) is limited to person less than 19 years of age and is therefore too restrictive.

RULES SURROUNDING STUDY PERMITS AS OF JUNE, 2014

The activities of people holding study permits may be different than before June 1, 2014

New rules about study permits took effect June 1, 2014. Study permits are available only for select “Designated Learning Institutions”. There are also many other changes, described below, that have a direct impact on what students can do when they are in Canada.

1.  Regulation 220.1(1) requires students to actively pursue their studies. They cannot come to Canada to study but then do something else instead.

2.  Under R222(1) the permit will become invalid 90 days after the study program is completed. If a person finishes studies early by switching to a shorter program or quickly completing all the credits, the permit becomes invalid 90 days later.

More specifically, a student must leave at the earliest of the following times:

·  90 days after the studies are completed;

·  the day the study permit expires; or

·  the day a removal order becomes enforceable.

3.  Regular students (not in a co-op program) are permitted to work off campus for up to 20 hours per week during the regular academic session and full-time during regularly scheduled breaks, without a separate work permit. They can work immediately.

The Canadian Bureau for International Education states:

In the 2014 student engagement survey conducted by the Canadian Bureau for International Education (CBIA), 35 per cent of respondents indicated that the chance to gain work experience is a top reason for choosing Canada as a study destination. Work during studies also positions students for entry to the Postgraduate Work Program and possible future application for permanent residence.[11]

However those people studying English or French as a second language or participating in general interest or preparatory courses do not automatically become eligible to work. They would need a favorable Labour Market Impact Assessment showing that no Canadian is available for the job, which is very difficult to get.

4.  The CIC website states, under “Changes to the International Student Program”: “students can work as part of their co-op or internship only if the work is an essential part of an academic, vocational or professional training program and they do need a co-op work permit separate from their study permit.” [12]

Extensions of study permits

5.  Under R217(1), students may apply to extend their status through CPC — Vegreville by making an application before the study permit expires. However, it may turn out that the student submits the application, but it has not been processed by the expiry date. In that case, the person will have implied status to remain and study in Canada until she or he receives the decision.

Restoration

6.  Even if the student has not made an application for a study permit before it expires, the student can try to save the situation by submitting a Restoration application within 90 days after. Furthermore, if the person has made an application for a study permit in time, but the application is refused, the student has 90 days from the date of refusal to submit a Restoration application. R182(1)

Enforcement

7. In order to enforce the new rules, CIC has compliance monitoring. Students are expected to divulge, through an internet portal, how they are spending their time. R220.1(1)

8.  A foreign national arriving at a port of entry without a study permit and expressing an intention to study as well as someone found in Canada to be studying without a permit will face enforcement measures found in R 221 (a) and (c). Namely, they will be issued an exclusion order by CBSA which prevents them from entering Canada for one year unless they have an Authorization to Return.

Applying for a study permit from within Canada

9.  Only certain students heading for a Designated Learning Institution can apply from within Canada. The CIC website states, under “Changes to the International Student Program” that the following people are in this category:

·  Minor children studying at the primary or secondary level;

·  Exchange or visiting students, and

·  Students who have completed a short-term course or program of study that is a condition for acceptance at a designated institution.

VISAS OR ELECTRONIC TRAVEL AUTHORIZATIONS

There are certain countries from which people require visas in order to enter Canada, along with study authorizations. Even students from visa-exempt countries have required Electronic Travel Authorizations since July 31, 2015 in order to enter Canada the first time or exit and re-enter.

The federal immigration website states the following:

Study and work permit holders fromvisa-exempt countrieswho received their permit on or before July31, 2015 needan eTAto fly or transit to Canada.

Applicants who are issued an initial study or work permit on or after August 1, 2015 will automatically be issued aneTAalong with their permit. For work permit or study permit renewal applications, theeTAwill not be automatically renewed. If you wish to exit and re-enter Canada by air, you will need to ensure that youreTAis still valid by consulting theCheck Status Tool. If youreTAhas expired, you will need to apply for a new one as soon as you can. [13]

8

[1] Amendments to Immigration Regulations on May 29, 2014. SOR/2014-133. They came into force August 1, 2014.

[2] http://www.cic.gc.ca/english/study/study-changes.asp

[3] http://www.cic.gc.ca/english/study/minors-documents.asp

[4] http:www.gazette.gc.ca/rp-pr/p1/2016/2016-10-29/html/reg2-eng.php#footnote.52151

[5] http://news.gc.ca/web/article-en.do?nid+1153419

[6] ibid. The Express Entry system, as it applies to post-secondary foreign students “will award 15 points for a one-or two-year diploma or certificate. It will award 30 points for a degree, diploma or certificate of three years or longer, or for a Master’s, professional or doctoral degree of at least one academic year.”

[7] Karen McBride, “One Year Later – Progress on Canada’s International Education Strategy”, featured in Embassy Magazine on January 21, 2015, http://www.cbie-bcei.ca/news/one-year-later-progress-on-canadas-international-education-strategy

[8] supra

[9] Regulatory Impact Analysis Statement, paragraph 1 & 2, accompanying the Registration of the Regulations.

[10] See footnote 4

[11] Karen McBride, ibid.

[12] See note 2

[13] Current as of Nov. 23, 2016. Found at http://news.gc.ca/web/article-end.do$nid=1153419