Discussion on Proposed Changes to Canada’s International Student Program

1. Discussion on Proposed Changes to Canada’s International Student Program Languages Canada 4th Annual Conference February 28, 2011

2. Purpose • To inform stakeholders about new requirements related to the entry and stay of international students in Canada to improve program integrity, and proposed stakeholder engagement strategy going forward • To obtain initial feedback on key program changes

3. The Mandate Meeting of F-PT Ministers of Immigration, June 2010 F-PT Ministers of Immigration committed to “work together to ensure that Canada continues to improve its standing as a destination of choice for international students seeking a quality education.” The Council of the Federation – Premiers Working to Sustain Economic Recovery, August 2010 “Promoting Canada as an education destination of choice is vital for building global connections and attracting the best and brightest talent from around the world.... Premiers agreed to work with the federal government to address key barriers in attracting international students.”

4. Canada Falling Behind • Canada lags behind key competitor countries (e.g. Australia, UK, U.S.) in international student attraction and retention • A key difference between Canada and leading countries is that unlike Canada, these countries have implemented comprehensive program integrity frameworks around their international student programs • In Canada, program integrity gaps exist: • No requirement for students to study • Study Permit issued to international students regardless of their program of study or the institution they plan to attend • Institutions not obligated to meet minimum standards set by governments and/or standard-setting bodies established by government in order to host international students

5. Current Program Framework • CIC, in cooperation with Canada Border Services Agency (CBSA) is responsible for managing the entry of foreign nationals into Canada for study/work purposes (Canada’s International Student Program) • PTs share jurisdiction for immigration and have full jurisdiction over education, including the regulation and oversight of educational institutions • PTs do not, however, have a comprehensive formal role in the oversight of the International Student Program (ISP), including in the selection or monitoring of educational institutions that recruit and accept international students

6. Current Program Framework: Program Integrity Concerns • No requirement for international students to study and educational institutions not required to report whether or not a student is studying to CIC • Study permits issued to students destined to any institution offering educational or training courses, whether or not it is regulated by a PT Ministry of Education • All public and some private schools are regulated by Education Ministries, but others are not, such as privately-owned businesses offering training • Some of these unregulated schools engage in fraudulent activity, including: • Recruiting international students for study/educational programs or work opportunities that they are not equipped or authorized to deliver • Providing fraudulent documentation for the purposes of facilitating the acquisition of study permits • There are currently limits to the ability of CIC to address ongoing fraud and program integrity concerns given that education falls under PT jurisdiction and CIC does not have ability or authority to regulate or oversee schools

7. Current Program Framework: A Barrier to Attraction • Current program framework lowers levels of service to international students and educational institutions by negatively affecting study permit approval rates and processing times: • Lack of requirement for students to register at a school or attend classes lowers confidence of immigration officers in quality of some study permit applications and applicants, especially those destined to less regulated sectors • Immigration officers required to conduct additional research on study permit applications associated with questionable, non-regulated schools, significantly increasing processing times • Lack of consistent standards for Canada’s educational institutions for purposes of hosting international students has negative impact on Canada’s reputation abroad

8. Key Proposed Changes Moving Forward • Clarify federal and PT roles and responsibilities in the management of the ISP through bilateral arrangements • Introduce regulatory changes that will require all study permit holders to study • Introduce regulatory changes that will limit the issuance of study permits to foreign nationals destined to educational institutions identified in CIC-PT bilateral arrangements • Limit work permit programs to foreign nationals destined to educational institutions identified in CIC-PT bilateral arrangements • Improve information sharing between CIC, PTs and educational institutions

9. Expected Impacts of Proposed Changes • Greater confidence amongst immigration officers in bona fides of institutions and students • Resources shift from assessment of bona fides of institutions to processing • Feedback mechanism on student compliance increases immigration officers’ confidence upfront and allows officers toadjust factors leading to a positive or negative decision on future applications Expected Impacts on Processing Proposed New Requirements Improved Services to Clients • Prospective students (and their parents) have greater confidence in the quality of education and services they will receive • Front end service experience enhanced (improved approval rates and processing times) • Improved data from CIC will help institutions adjust recruiting strategies • Institutions required to meet minimum standards to host international students • Students required to study after arrival, with assistance from institutions in verifying study permit compliance

10. Expected Outcomes • Improved program integrity and reduction in fraud in the international student movement • Respect for shared federal-PT jurisdiction over immigration and PT jurisdiction over education • Strengthened program management • Enhanced information sharing • An improved image for Canada within the international education sector, supporting marketing efforts • Improved level of service for foreign nationals destined to eligible public and private institutions

11. Student Partners Program: A Model SPP and proposed ISP changes share key features: Background • Launched in 2009 as pilot with 20 ACCC select colleges –2010 changed to regular program and expanded to 38 colleges (now 39) • Main goal: to increase approval rate for those destined to participating colleges, while ensuring program integrity and minimizing immigration violations • Tools used to achieve goal: • Streamlined but more demanding set of verifiable supporting documents; • Commitment by participating colleges to report back concerning academic standing of students; • Dedicated points of contact and communication channels to manage information flow Results • 2009: 3182 Study Permits issued, 79% approval rate compared to 35% for 2008 applicants destined to SPP colleges • Study Permits issued to SPP members colleges more than triple 2008 totals

12. Next Steps • Phase I: Discussions launched at F-PT Meeting of Immigration Ministers June 14-15, 2010 • Phase II: Multilateral negotiations and preparatory work for bilateral negotiations and drafting arrangements (Summer to Fall 2010) • First meeting of F-PT Working Group on International Students, October 4-5, 2010 • Second meeting of F-PT Working Group of International Students and initial stakeholder feedback, November 29, 2010 • Third meeting of F-PT Working Group tentatively scheduled for April 2012 • Phase III: Stakeholder engagement and consultations: ongoing • Phase IV: Bilateral negotiations and regulatory amendments (Spring to Fall 2011) • Stakeholder consultations throughout process at key events • Program changes will not come into effect until 2012

13. Annex

14. Recap of International Student Review • In August 2007, former Minister Finley launched Review of ISP to examine issue of fraud and identify ways to improve program integrity • Review triggered by media coverage of an August 2006 Canada Border Services Agency (CBSA) Pacific Region Intelligence Report, which identified widespread fraud in the ISP, including: non-genuine students, non-genuine institutions, and activities of concern by questionable consultants • In November 2007, following Review, policy options and recommended approach were developed and presented to PTs and stakeholders as part of a consultative exercise • Results of consultations included following recommendations: • Stronger legislation to help deter non-bona fide students from entering Canada; • Establishing some form of quality assurance of institutions; • Improving Canada’s current standing as study destination of choice for international students

15. 1. Clarify Federal-PT Roles and Responsibilities Current context • PTs have shared responsibility for immigration and jurisdiction over education, including regulation and oversight of educational institutions • PTs do not currently play a comprehensive formal role in the delivery of the ISP, including in the selection or oversight of educational institutions that recruit and accept international students Current gap • Given PT jurisdiction over education, CIC does not have ability or authority to regulate or oversee educational institutions • CIC has limited ability to address ongoing fraud and program integrity concerns within ISP Proposed changes moving forward • Strengthen PT role in management of the ISP, including responsibility for identifying eligible schools for the purposes of hosting international students

16. 2. Study Requirement Current context • Under current Immigration and Refugee Protection Regulations, foreign nationals must only demonstrate intent to study at time of application • Currently no requirements for study permit holders to be registered at an institution or attend classes • Study Permits issued for length of program of study, often up to 4 years Current gap • Foreign nationals may come to Canada on a Study Permit for extended periods of time without every having to undertake studies, leaving the ISP open to abuse Proposed changes moving forward • Introduce a regulatory requirement for all study permit holders to study, including: providing proof of ongoing registration at an institution, and adequate academic standing • Require eligible institutions to verify students are meeting study permit requirements • Students who fail to meet these conditions will be non-compliant and their study permit revoked

17. 3. Minimum Standards for Educational Institutions Current context • Under current Immigration and Refugee Protection Regulations, any institution offering educational or training courses can host international students, whether or not it is regulated by a PT Ministry of Education • Some non-genuine institutions are receiving genuine/non-genuine students, sometimes for purposes other than study Current gap • CIC does not have jurisdiction over educational institutions and is therefore limited in its ability to assess whether or not institutions are genuine and providing international students with quality education and services Proposed changes moving forward • Introduce criteria that schools will need to meet in order to host international students, including regular reporting on international students ongoing registration and academic standing • Introduce regulations that will limit the issuance of study permits to foreign nationals destined to a list of eligible educational institutions identified by PTs • Put in place a procedure for the removal of institutions found to be non-compliant with eligibility criteria

18. 4. Work Permit Program Eligibility Current context • Under current Immigration and Refugee Protection Regulations, international students may work in Canada through the following programs: On-Campus, Off-Campus, Co-op, and Post-Graduation • Generally programs limited to students attending public post-secondary and private degree-granting institutions, but co-op program available to students attending any type of institution, provided that work component is a requirement of program of study Current gap • Concerns related to co-op work in private unregulated sector, including schools recruiting students to work rather than study • Ongoing requests by private education sector to gain access to work permit programs Proposed changes moving forward • Limit participation in work permit programs to foreign nationals destined to educational institutions identified in CIC-PT bilateral arrangements • Need to ensure study remains primary purpose for international student entry into Canada