
By Catherine Sas, K.C.
Special to The Post
The Canadian immigration world has been particularly inhospitable for international students for the past few years. In the aftermath of the global pandemic, the Canadian government determined that there were too many temporary residents in Canada - workers, students and visitors - and dramatically reduced immigration levels for both permanent and temporary residents to Canada. Annual targets were slashed and amongst the most severely affected were international students of which many, if not most, had come to Canada with the expectation that they would qualify for permanent residence after completing their studies. The reduced immigration levels completely altered the predictability of obtaining permanent residence for an international student. At our immigration law office, we have been advising aspiring Canadian immigrants for several years that it is essential to develop a strategy in order to obtain permanent residence. Recently I consulted with an international student whose circumstances are worth sharing as an example of how to approach the current challenging immigration environment in Canada. Let’s review this real-life situation to highlight the possible pathways to permanent residence for international students.
“Jessica” recently came to see me to determine her chances for permanent residence in the future. She has a study permit valid until the end of 2027 however she will complete her university studies in Canada in the summer of 2027. Jessica had met with me overseas a couple of years ago during one of my visits to a foreign university. Having heard my advice about the need to plan ahead, she came to consult with me approximately a year before she would graduate. Having heeded my warnings about the changing landscape to be able to qualify for Canadian permanent residence, she started studying French in order to give herself more options for both a Canadian work permit and qualifying for permanent residence. Let’s review Jessica’s options after graduation that may lead to her being able to qualify for permanent residence (PR).
As virtually all international students (and their parents) know, a student who graduates from an eligible Canadian program of study, can apply for a Post Graduate Work permit (PGWP). What many students (and their parents) fail to appreciate, is that you can only obtain a PGWP once. That痴 right - you can only EVER obtain only one PGWP! This may not lead to the combination of education and work experience necessary to qualify for PR. In many of our blogs written for internationals students over the past few years, we have advised against obtaining a PGWP and recommending to return home to gain foreign work experience and obtain further education in Canada at a graduate level and then applying for a PGWP later. Many international students come to Canada directly after graduating high school in their home country and they have no foreign post secondary education nor any foreign work experience. It is simply not feasible to qualify for PR in the current immigration environment with only a single degree and two or three years of Canadian work experience. The ‘sweet spot�for qualifying for PR is a combination of the following:
· Foreign post secondary education
· Foreign work experience of 3+ years
· Canadian post secondary education
· Canadian work experience of 3+years
· High Language proficiency in BOTH English and French
It is also worth noting that any work experience gained while studying in Canada does NOT count towards obtaining PR in Canada.
By studying both English and French, Jessica has maximized her options for both a work permit (WP) in Canada as well as for PR. Starting in 2023, the Express Entry program for PR has provided preferable scoring for French speaking applicants with a CLB score of 7 or more. There is also the possibility of obtaining a francophone work permit with a CLB score of 5 which is basic French proficiency. To better understand the francophone options for both PR and Work Permits see this link: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/special-instructions/francophone-mobility.html. Having an opportunity to obtain a WP in Canada without “using up” the one-time-only PGWP is an extremely useful strategy to obtain the necessary Canadian education and work experience to ultimately qualify for PR in the future.
A key factor in maximizing your ability to qualify for Canadian PR is simply TIME. The more time spent engaged in either or both employment or post graduate studies enhances your ability to qualify for PR in the future. Jessica’s options are as follows:
|
PGWP immediately following graduation |
VERSUS |
Francophone WP |
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· Apply for PGWP after graduation |
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· Apply for Francophone mobility WP |
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· WP for 3 years (2027-2030) |
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· WP for 2-3 years (2027-2030) |
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· Apply to Master’s program in Canada |
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· Apply for Master’s program in Canada |
As you can see, both pathways will take Jessica many years to be able to qualify for PR in the future. This also doesn’t take into account that Canada’s Express Entry program for PR may change many times between now and following completion of post graduate studies in Canada, for upcoming changes to the Express Entry program, please refer to our previous blog: The Future of Express Entry: Major Changes Proposed in 2026. But by pursuing her French studies, Jessica buys more time to both work and study in Canada and ultimately garner more qualifying points for permanent residency.
Jessica gets top grades for her approach to developing an immigration strategy. What are the lessons that others can take away from her experience?
1) Plan ahead! Give yourself time to both consider and pursue various immigration options. (Refer to our blog on how to strategize your PR pathway: Thinking Outside the Box: Developing a Canadian Immigration Strategy)
2) Diversify your immigration portfolio - by studying and working in Canada and learning both English and French. (Read our previous blog to learn about options for Francophones: Parlez-Vous Francais? The new approach to achieving Canadian permanent residency)
3) Postpone applying for a PGWP and take graduate studies in Canada and then apply for a PGWP or return to your home country to gain foreign work experience BEFORE commencing graduate studies in Canada.
4) Education ≠ Immigration! Remember that the purpose of international education in
Canada is not meant to obtain permanent residency. Education is meant for personal enrichment and potential employment opportunities - worldwide! Don’t count on your Canadian international education as a guaranteed pathway to PR!
Catherine Sas, K.C. has over 35 years of legal experience. She provides a full range of immigration services and is a leading immigration practitioner (Lexpert, Who’s Who Legal, Best Lawyers in Canada). Go to canadian-visa-lawyer.com or email catherine@sasanding.com.