Read CILA’s letter to IRCC on PGWP reform

CILA submitted the following letter to IRCC on June 20, 2024 with respect to forthcoming PGWP reform:

June 20, 2024

Michele Kingsley
Assistant Deputy Minister, Economic, Family and Social Immigration
Immigration, Refugees and Citizenship Canada

Dear Michele,

It was a pleasure to meet you last month in Montreal.

As you know, the Canadian Immigration Lawyers Association (CILA) was conceived in 2020 by a group of leading immigration lawyers to provide a national organization focused exclusively on immigration law. As a national organization, we represent around 500 lawyers who practise in immigration and refugee law from coast, to coast, to coast. We provide unique insights and constructive suggestions to the immigration department to protect the integrity of our immigration system and to meet our country’s immigration needs and targets.

We write to you on two subjects: international students and post-graduation work permit (PGWP) program reform. This letter aims to provide our perspectives on the aforementioned. Specifically, we would like to raise four specific concerns or areas, which are: (1) aligning the PGWP program with labour market needs, (2) supporting the government’s push for transitioning temporary residents to permanent residence, (3) Express Entry reform, and (4) promoting Canada as a competitive education destination without compromising our temporary resident (TR) and permanent resident (PR) targets.

1. Aligning the PGWP Program with Labour Market Needs

Determining which occupations should be included requires a comprehensive labour market analysis. This task should be performed by experts in labour market trends, such as economists, labour market analysts, and industry specialists. Put differently, it is odd if these questions were put to DLIs. The relevant experts can provide data-driven insights into current and future labour market needs. Ensuring that the mapping document is up-to-date and reflects real-time labour market conditions is important.

Institutions should collaborate with local industries and employment agencies to identify occupations experiencing significant shortages. For instance, areas like healthcare, technology, and skilled trades are often in high demand. Including these fields could ensure that PGWP holders are aligned with sectors where their skills are most needed.

Regarding the question of grandfathering existing international students to current PGWP program rules, implementing changes immediately without exempting current students is fundamentally unfair. Many international students made significant life decisions and financial investments based on the expectation that they would be able to obtain a PGWP after completing their studies in Canada.

Changing the rules mid-course can lead to severe disruptions and financial losses for these students. Additionally, this approach could expose the government to potential legal liabilities, including lawsuits from affected students and other affected parties. It could also damage Canada’s reputation as a stable and predictable destination for international students. A fair approach would be to apply the new rules to future students only, providing ample notice and clear guidelines, which would help maintain trust and stability in the system.

2. Supporting Transitions from Temporary Residence to Permanent Residence

This is one of the more contentious subjects given the current political climate. There have been pronouncements from the Department that the idea is to prioritize the transition of temporary residents who wish to stay in Canada into permanent residence because it is seen as neutral in its effects on Canada’s absorptive capacity. We welcome and support this approach.

Some of the key pieces related to this transition is clearly embedded within the PGWP program. The spirit of the program is to provide an opportunity to international students who have successfully completed their program of study in Canada to gain Canadian work experience and eventually to settle in Canada as permanent residents. This is usually achieved through the Canadian Experience Class program.

Along with the Canadian Experience Class, the various Provincial Nomination Programs (PNP) play a vital role. PNPs should be regularly reviewed to ensure they align with labour market needs and provide clear pathways to permanent residency for international graduates. Identifying gaps between current PNP streams and labour market demands is crucial to develop responsive and effective immigration policies, pinpointing discrepancies between existing programs and specific skill needs within sectors. Collaboration between educational institutions, provincial governments, and regulatory bodies can help design PNP streams that effectively integrate international graduates into the local workforce and support their long-term retention.

Understanding the effectiveness of PNPs alongside the PGWP program requires jurisdiction-specific studies. These studies would reveal the connection between PGWP holder skillsets and local labour market demands. This knowledge can inform the development of a PGWP framework that complements PNPs, offering clear pathways to permanent residency for graduates with relevant work experience. By addressing these key questions with detailed, data-driven responses, policymakers can develop a PGWP framework that balances the needs of international students, educational institutions, and the Canadian labour market.

The good news is Canada collects data relating to international students’ outcomes. Indeed, Statistics Canada already spearheads regular studies that investigate the outcomes of their settlement patterns.

Finally, while not directly related to the PGWP program itself, it is worth mentioning that the department should consider putting a TR to PR line that specifically addresses the concerns of PGWP holders in the Immigration Levels Plan (ILP) for 2025-2027. An honest and realistic discussion would clear the air by bringing forward transparency and certainty. Clear communication and predictability safeguards Canada’s reputation as both an immigration and post-secondary education destination.

3. Express Entry Reform

As mentioned above, the traditional route for a lot of PGWP holders to obtain permanent residence is through the Canadian Experience Class. In turn, this program is delivered through Express Entry. Currently, the Comprehensive Ranking System score cut-off for general draws have hovered between 500 to 560. Moreover, the draws have not been regular of late. This unfortunately does not accord with the expectations of many PGWP holders who came to Canada to study to gain a fair chance to obtain permanent residence.

One specific solution that the department can look at while aligning with labour market goals is by awarding additional points to these candidates who have completed programs of study that align with Canada’s labour shortage. It would also be worth considering adding even more points to those who have completed a previously mentioned priority program, and currently hold employment in a labour-scarce sector that align with their studies. This would incentivise those who choose to pursue post-secondary education in Canada to focus on programs of study that address our labour market needs. This is a longer-term reform that would create a win-win scenario.

In the long run, the Department needs to consider messaging transparency and regularity with respect to the draws for relevant categories or streams. A lot of anxiety would be relieved from said PGWP holders if communication is clear and if expectations are managed better. This includes transparency in CEC-specific draws which would help create an environment of transparency and fairness.

4. Promoting Canada as a World Class Education Destination

Canada remains as a world class destination for education with its top-tier educational institutions. That being said, the recent spate of abuses in the international student program does not lend Canada a positive image. The measures taken to address the irresponsible growth of these institutions motivated by greed deserves applause.

We encourage the Department, together with Global Affairs Canada, to continue to promote Canada as a destination for genuine students pursuing their education in Canada. However, the promotion strategies should be revisited to ensure that the language used relating to permanent residence as a “guarantee” is restrained if not eliminated altogether. DLIs and their agents who promote their programs overseas who create these expectations should be reined in or possibly be administratively penalized. The bottom line is that expectations for potential permanent residence should be managed properly.

CILA is a constructive partner in the development of sustainable immigration programs. Our insights as a collective of immigration lawyers from across the country remain at your disposal. We are available to meet you at your earliest convenience to discuss. Please let us know of your availability.

Sincerely,

 

Barbara Jo Caruso
Co-President

Encl. PGWP Questionnaire – CILA Response

 

 

IRCC PGWP Calibration to Labour Market Needs

1. If PGWP eligibility were restricted based solely on occupations in shortage and corresponding programs of study, which occupations should be included based on the needs in your area? Please indicate if there are any occupations in shortage that should have been reflected in the mapping document along with your rationale.

Answer: Determining which occupations should be included requires comprehensive labour market analysis. This task should be performed by experts in labour market trends, such as economists, labour market analysts, and industry specialists. Put differently, it is odd if these questions were put to DLIs. The relevant experts can provide data-driven insights into current and future labour market needs. Ensuring that the mapping document is up-to-date and reflects real-time labour market conditions is important.

Institutions should collaborate with local industries and employment agencies to identify occupations experiencing significant shortages. For instance, areas like healthcare, technology, and skilled trades are often in high demand. Including these fields could ensure that PGWP holders are aligned with sectors where their skills are most needed.

2. What, if any, cohorts should be exempted from these changes, such as francophone students or graduate degree programs or others? Please indicate the rationale.

Answer: Exempting specific cohorts, such as francophone students or graduate degree programs, should be based on strategic national goals and statistical evidence. Canada has particular targets for francophone immigration outside Quebec to promote linguistic diversity and the promotion of French-speaking communities. Exempting francophone students supports this policy but government should be mindful if the number of francophone graduates actually balance out with the objectives of national goals and policy. Moreover, exempting graduate degree programs requires careful consideration. While advanced degrees generally indicate higher skill levels, if data shows that many graduate programs do not align with high-demand sectors, blanket exemptions could be counterproductive. Exemptions should be granted to specific programs that demonstrably contribute to filling critical skill shortages or advance key national interests, such as innovation and research.

3. Should international students be required to demonstrate proof of a job offer aligned with the occupational shortage list in order to hold a PGWP beyond one year?

Answer:  Requiring proof of a job offer to extend a PGWP provides an innovative way to retain needed talent; international students have transitioned into roles that address labour shortages in the past and this policy augurs for better retention. If the policy aligns education outcomes with market needs, we may see a reduction of the risk of students ending up in unrelated jobs. It will help mitigate PGWP holders ending up in low-skilled positions. It ensures international graduates contribute to sectors needing their skills, reducing underemployment and improving their chances of obtaining permanent residency.

4. Should any other eligibility criteria (language, provincial support, etc.) apart from a job offer be applied to PGWP holders seeking to extend their permit past one year?

Answer: In addition to job offers, other criteria like language proficiency and provincial support may prove to be valuable. Language proficiency is crucial for effective workplace communication and integration, particularly in roles requiring client interaction or team collaboration. Provincial support indicates that governments recognize and endorse the need for specific skills within their jurisdictions. This could facilitate smoother transitions for international graduates into the local labour market. However, we fail to see the nexus of language test results to labour market demands given that they have presumably completed programs in one of Canada’s official languages. These criteria should be balanced to avoid creating overly burdensome requirements.

5. What is your view of applying these labour market-based changes to PGWP eligibility to all graduates upon announcement this year, rather than grandfathering students who are already studying in Canada at the time of implementation?

Answer: Implementing these changes immediately, without exempting current students, is fundamentally unfair. Many international students made significant life decisions and financial investments based on the expectation that they would be able to obtain a PGWP after completing their studies in Canada. Changing the rules mid-course can lead to severe disruptions and financial losses for these students. Additionally, this approach could expose the government to potential legal liabilities, including lawsuits from affected students and other affected parties. It could also damage Canada’s reputation as a stable and predictable destination for international students. A fair approach would be to apply the new rules to future students only, providing ample notice and clear guidelines, which would help maintain trust and stability in the system.

6. How often should the occupational shortage list be revised, and at what point thereafter should it be applied to students whose study is underway?

Answer: The occupational shortage list should be revised regularly to reflect dynamic labour market conditions, ideally every 1-2 years, driven by comprehensive labour market data from sources such as Statistics Canada. StatsCan has conducted outcomes of international student in the past. This data-driven approach ensures updates align with real-time economic needs. To avoid disadvantaging current students, changes should apply only to those who begin their studies after the new list is published. This ensures students are not caught off guard by mid-course adjustments. A phased approach to applying changes is crucial for fairness and policy stability.

7. Do changes to the PGWP being explored align with the profile of candidates you’d like to remain working in your jurisdictions in the long term?

Answer: Aligning PGWP changes with desired candidate profiles for long-term residency requires a thorough understanding of provincial labour markets and educational offerings. This is a complex issue, heavily influenced by the types of programs that Designated Learning Institutions (DLIs) have historically offered. To gain a clear understanding, studying how each province responds to these changes is essential. This means analyzing the types of programs offered by DLIs, the employment outcomes of graduates, and how well these align with provincial labour market needs.

Conducting surveys and consultations with local employers, industry associations, and economic development agencies can provide valuable insights into the skills and qualifications most beneficial for the local economy. This data-driven approach ensures that the actual needs and trends within each province inform policy changes. This will help determine if the proposed changes will support or hinder provincial workforce needs, aligning PGWP holders with long-term economic goals.

8. Is your PNP positioned to offer a viable pathway to permanent residence for international graduates with job offers in these key sectors? Are there any gaps between the labour market needs you have identified and your PNP’s existing streams? Will any PNP stream amendments be required to ensure they remain responsive to graduates and PGWP holders in specific occupations (e.g., regulated occupations)?

Answer: Provincial Nominee Programs (PNPs) should be regularly reviewed to ensure they align with labour market needs and provide clear pathways to permanent residency for international graduates. Identifying gaps between current PNP streams and labour market demands is crucial to develop responsive and effective immigration policies, pinpointing discrepancies between existing programs and specific skill needs within sectors. Collaboration between educational institutions, provincial governments, and regulatory bodies can help design PNP streams that effectively integrate international graduates into the local workforce and support their long-term retention.

Understanding the effectiveness of PNPs alongside Post-Graduation Work Permits (PGWPs) requires jurisdiction-specific studies. These studies would reveal the connection between PGWP holder skillsets and local labour market demands. This knowledge can inform the development of a PGWP framework that complements PNPs, offering clear pathways to permanent residency for graduates with relevant work experience. By addressing these key questions with detailed, data-driven responses, policymakers can develop a PGWP framework that balances the needs of international students, educational institutions, and the Canadian labour market.