Temporary public policy to allow foreign nationals with valid work permits to study without a study permit

Background

Temporary foreign workers are a valuable part of Canada’s economy who continue to contribute to Canada’s economic recovery post-COVID pandemic. The Department wants to support these individuals by providing opportunities and more flexibility to study in order to upgrade their skills, credentials or licensing. This could help temporary foreign workers gain employment in higher-skilled and higher-paid work, fill jobs in essential occupations such as healthcare and increase their chances of qualifying for permanent residence programs in the future.

Public Policy Considerations

This public policy, pursuant to section 25.2 of the Immigration and Refugee Protection Act (the Act), will allow eligible foreign nationals who are working in Canada and who either hold a work permit or have applied to renew their work permit and are authorized to work under paragraph 186(u) of the Immigration and Refugee Protection Regulations (the Regulations) to study without a study permit. To be eligible for this public policy, the foreign national’s work permit application must have been received by IRCC on or before June 7, 2023.

I hereby establish that there are sufficient public policy considerations that justify the granting, in accordance with section 25.2 of the Act, exemptions from the requirements of the Regulations listed below to foreign nationals who meet the conditions set out below.

Conditions (eligibility requirements):

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified below if:

The foreign national:

1. Holds a valid work permit and the application associated with that permit was received by IRCC on or before June 7, 2023; or
2. Submitted an application to renew a work permit under section 201 of the Regulations on or before June 7, 2023, and is authorized to work as per paragraph 186 (u) of the Regulations.

The exemption granted will apply until the work permit application referred to in (2) is refused; the work permit referred to in (1), or associated with the application referred to in (2), expires; or the expiry (June 27, 2026) or revocation of this public policy, whichever  comes first.

Provisions of the Regulations for which an exemption may be granted

For foreign nationals who meet the conditions above are exempt from the following Regulations:

• Paragraphs 188 (1)(a) - (d)  of the Regulations- the requirements that a foreign national must meet in order to study in Canada without a study permit;

Other Admissibility and Selection Criteria: Foreign nationals eligible under this public policy are subject to all other applicable eligibility and admissibility requirements not exempted under this, or another, public policy.

Effective Date and Expiration: This public policy will come into effect on June 27, 2023, and will expire on June 27, 2026. The public policy may be revoked at any time, without prior notice.

The Honourable Sean Fraser, P.C., M.P.
Minister of Citizenship and Immigration
Dated at Ottawa, this 30 day of May, 2023