Public policy for French-speaking foreign nationals applying for study permits under the Francophone Minority Communities Student Pilot

Background

The Government of Canada’s commitment to restoring and increasing the demographic weight of Francophone and Acadian minority communities is now enshrined in the modernized Official Languages Act. Immigration, Refugees and Citizenship Canada (IRCC)’s Policy on Francophone Immigration aims to enhance the long-term vitality and prosperity of Francophone and Acadian minority communities and pave a path toward restoring and increasing their demographic weight within an immigration system that is fair, equitable and non-discriminatory.

Francophone minority communities rely on immigration to fill critical labour market needs across a wide variety of occupations and sectors, as well as to maintain the vitality of French in their communities, including French postsecondary education. The Policy on Francophone Immigration aims to maximize the selection of French-speaking international students, who are seen as a source of key talent to help support this objective. IRCC has committed to reducing the barriers that impede the acceptance of French-speaking international students, as well as expanding pathways to permanent residency. This will be achieved through a pilot project to attract more French-speaking international students to Francophone postsecondary institutions outside Quebec, facilitate applicants’ access to these institutions, and foster their integration and retention in Francophone minority communities.

IRCC recognizes that parts of Africa, the Middle East and the Americas contain important pools of potential French-speaking international students, and that these regions also face historically high study permit refusal rates. Through its efforts to modernize the International Student Program and in recognition of important findings and recommendations made by the Standing Committee on Citizenship and Immigration in their 2022 report entitled Differential Treatment in Recruitment and Acceptance Rates of Foreign Students in Quebec and in the Rest of Canada and by the Standing Senate Committee on Official Languages in their 2023 report entitled Francophone immigration to minority communities: Towards a bold, strong and coordinated approach, IRCC commits to improving equitable access to education in Canada by reducing barriers faced by certain groups of study permit applicants, including French-speaking international students from these regions.

Public Policy Considerations

This public policy supports the creation of the Francophone Minority Communities Student Pilot (FMCSP), together with the Public policy to facilitate the granting of permanent residence for foreign nationals in Canada, outside Quebec, who obtained a Canadian credential while participating in the Francophone Minority Communities Student Pilot. It consists of a temporary-residence-to-permanent-residence pathway for French-speaking international students from world regions that face historically high study permit refusal rates and who are seeking to pursue postsecondary studies taught in French at select postsecondary designated learning institutions (DLIs) located outside Quebec. FMCSP participants are eligible to access IRCC-funded settlement services during their studies.

This pilot supports Government of Canada’s commitment to restoring and increasing the demographic weight of Francophone and Acadian minority communities, as well as IRCC’s objective of facilitating equitable access to the International Student Program by reducing barriers for French-speaking study permit applicants from world regions that face historically high study permit refusal rates and by fostering their integration and retention in Francophone minority communities.

I hereby establish that, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), there are sufficient public policy considerations that justify the granting of exemptions from the requirements of the Act and the Immigration and Refugee Protection Regulations (the Regulations) listed below to foreign nationals who meet the conditions (eligibility requirements) set out below.

Conditions (eligibility requirements)

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Act and Regulations identified, if the following conditions are met.

A - The foreign national:

1. Has submitted an application for a study permit before entry to Canada under section 216 of the Regulations;
2. Is a citizen of a country that is a member of l’Organisation internationale de la Francophonie within a world region with historically high study permit refusal rates (the majority of their constituent countries have a refusal rate of 60% or more) at the time the application is made:
   1. Africa: Bénin, Burkina Faso, Burundi, Cabo Verde, Cameroon, Central African Republic, Chad, Comoros, Democratic Republic of the Congo, Republic of the Congo, Djibouti, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Côte d'Ivoire, Madagascar, Mali, Mauritania, Mauritius, Morocco, Niger, Rwanda, São Tomé and Principe, Senegal, Seychelles, Togo, Tunisia
   2. Middle East: Egypt, Lebanon
   3. Americas: Haïti, Dominica, Saint Lucia;
3. Has a letter of acceptance:
   1. That has been issued by a DLI that has signed a Memorandum of Understanding with IRCC to participate in the FMCSP;
   2. That indicates the student is applying under the FMCSP;
   3. That indicates they will pursue a postsecondary level program that is taught primarily in French (more than 50% of the classes are taught in French);
   4. That is issued in respect of a program of study of at least two years in duration on a full-time basis; and
   5. Leads to a diploma or degree;
4. Has provided results of an evaluation from a designated language-testing organization using a general French language proficiency test approved pursuant to subsection 74(3); with a score of at least 5 for each of the four language abilities (speaking, listening, reading, and writing) according to the Niveaux de compétence linguistique canadiens (NCLC.);
5. Has, in addition to their first year of tuition and travel costs, demonstrated sufficient and available financial resources totaling 75% of the low income cut-off (LICO) associated with the municipality in which the main campus of a participating DLI is located.
6. The foreign national and their family members, whether accompanying or not, are not inadmissible, including on the grounds of having inadmissible family members.

B – The foreign national:

1. Is a family member of a foreign national (as defined in subsection 1(3) of the Regulations) who is currently approved to participate in or is participating in the FMCSP, meeting the conditions listed in A;
2. Has submitted
   1. an application for a work permit under subparagraph 200(1)(c)(ii) of the Regulations for work described in paragraph 205(c)(ii) of the Regulations;
   2. an application for a study permit under section 216 of the Regulations and that application was made in accordance with section 213 or 215(2) of the Regulations; or
   3. an application for a temporary resident visa pursuant to section 179 of the Regulations.

Provisions of the Act and Regulations for which an exemption may be granted

For foreign nationals who meet the conditions listed in A:

• The requirement in paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (dual intent);
• Paragraph 216(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 3 of Part 12 (Issuance of Study Permits).
• Paragraph 179(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 1 of Part 9 (Temporary Resident Visa).

For foreign nationals who meet the conditions listed in B:

• The requirement in paragraph 20(1)(b) of the Act – for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay (obligation on entry);
• The requirement in subsection 22(2) of the Act – for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay (dual intent);
• Paragraph 200(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 3 Part 11 (Issuance of Work Permits)
• Paragraph 216(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 3 of Part 12 (Issuance of Study Permits).
• Paragraph 179(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay under Division 1 of Part 9 (Temporary Resident Visa).

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.

Maximum number of applications to be accepted for processing under this public policy in a year

A maximum of 2,300 study permit applications will be accepted for processing from foreign nationals in group A under the FMCSP between August 26, 2024 and August 25, 2025. Applications received in group A under the FMCSP prior to August 25, 2025 in excess of the 2,300 cap will not be accepted for processing and will be returned to the applicant. A maximum of 2,970 study permit applications will be accepted for processing from foreign nationals in group A under the FMCSP between August 26, 2025 and August 25, 2026. Any applications received prior to August 26, 2024, after August 25, 2026 or in the event the Public Policy is revoked, will not be accepted for processing.

Effective date and expiration

This temporary public policy replaces the Public Policy for French-speaking foreign nationals applying for study permits under the Francophone Minority Communities Student Pilot signed on August 13th, 2024.

This public policy takes effect upon my signature and may be revoked at any time.

This temporary public policy applies to applications for a study permit made under the FMCSP and received on or after the day it comes into effect. In addition, applications received under the original public policy and that are pending at the time of the signature of this temporary public policy, will be processed under this temporary public policy.

This public policy expires on August 25, 2026 or when the cap is reached, whichever comes first.