The global immigration landscape is rapidly evolving, with countries like the USA, Canada, Europe, the UK, New Zealand, and Australia revising their immigration policies in response to economic needs, labor shortages, and social issues. In this blog you will explore recent changes to Student Visas, Tourist Visas, Post-Study Work Permits (PSWP), and Open Work Permits, along with an exclusive section on policies targeting Visa-Hopping.
1. Changes in Student Visa Policies
USA
The U.S. continues to enforce strict requirements for F-1 visas, with heightened monitoring of academic status through the SEVIS (Student and Exchange Visitor Information System) under 8 CFR 214.2(f). The Optional Practical Training (OPT) program remains available but is under more scrutiny, particularly for STEM graduates using the additional 24-month extension. New regulations ensure that institutions hosting international students comply with standards set by the Department of Homeland Security (DHS).
Canada
Canada has introduced stricter requirements for international students, most notably the introduction of the Provincial Attestation Letter as a validation tool for institutions, ensuring students are enrolled in credible programs. Additionally, the Guaranteed Investment Certificate (GIC) for student visa applicants has increased from CAD 10,000 to CAD 15,000, as per IRCC regulations, to ensure financial stability during their studies.
Changes to CIP (Classification of Instructional Programs) mean that only specific courses from accredited institutions qualify for the Post-Study Work Permit (PSWP), under IRPR Section 186(w). The PSWP has been withdrawn from non-compliant private colleges and certain universities, reducing eligibility and ensuring that students entering the Canadian workforce have skills relevant to national demand.
UK
The UK has further enhanced its Graduate Route, which allows international students to stay for two years (or three for doctoral graduates) post-study, under the Immigration Rules Appendix Graduate. This visa change supports skilled migration by creating a smoother transition from student to employee, with a particular focus on sectors with labor shortages.
Australia
Australia continues to be one of the more flexible nations for student visas under Subclass 500. Graduates from regional universities benefit from up to 5 years of stay through the Temporary Graduate visa (Subclass 485), depending on their course and institution. Australia has also fast-tracked visa processing for students in fields critical to its economy.2. Changes in Tourist Visa Policies
USA
For the B-2 Tourist Visa, there have been longer wait times and stricter background checks, owing to increased security measures under 8 CFR 214.2(b). This comes alongside enhanced enforcement against overstays, emphasizing that visitors adhere strictly to their visa conditions.
Canada
Canada has introduced biometric data collection for all tourist visa applicants under IRPA Sections 10.01-10.3, making the process more secure and efficient. The visitor visa (temporary resident visa) regulations remain largely unchanged, but increased scrutiny on applications ensures adherence to visa conditions.
Europe (Schengen Zone)
The European Union has introduced ETIAS (European Travel Information and Authorization System), which will be mandatory starting in 2025 for visa-exempt travelers under Regulation (EU) 2018/1240. This pre-authorization system aims to reduce the risk of visa overstays and improve the security of the Schengen Zone.
UK
The UK continues to apply strict visa requirements under Part V of the Immigration Rules. However, there is a specific focus on preventing overstays, and visa extensions are subject to stringent checks.
Australia and New Zealand
Both Australia and New Zealand maintain strict tourist visa policies with stringent financial proof and return ticket requirements under Migration Act 1958 (Australia) and Immigration Act 2009 (New Zealand). Electronic visa systems (eVisitor for Australia, NZeTA for New Zealand) make the process streamlined but ensure compliance through advanced tracking systems.
3. Post-Study Work Permits and Open Work Permits
Canada
Canada has significantly limited Post-Study Work Permit (PSWP) eligibility. Under IRPR Section 186(w), only graduates from public institutions or private institutions that grant degrees are now eligible for a work permit. This change ensures that only students enrolled in high- quality programs can access the Canadian labor market. The withdrawal of PSWP from many private colleges addresses concerns about low-quality education programs and fraud.
UK
The UK’s Graduate Route under Immigration Rules Appendix Graduate allows international graduates to stay for two years post-study. The transition from student to skilled worker is simplified, enabling smoother access to work visas for those in high-demand sectors.Australia Australia continues to offer the Temporary Graduate visa (Subclass 485), which allows
students to stay for two to five years, depending on their region of study. Changes under the
Migration Amendment (Skilling Australians Fund) Act 2018 favor graduates from regional areas, as Australia seeks to balance its labor force by encouraging skilled migration to less populated regions.
New Zealand
New Zealand has limited post-study work rights, particularly for students in low-tier programs. Under Immigration Act 2009, only those completing higher-level qualifications are now eligible for up to three years of post-study work, ensuring that students contribute meaningfully to the economy.
Exclusive Column: Visa-Hopping Policies and Their Social Impact
Visa-Hopping—the practice of repeatedly entering and leaving a country on short-term visas to extend stays without obtaining long-term permits—has become a focal point of policy reforms in countries like the USA, Canada, Europe, the UK, New Zealand, and Australia. Governments are cracking down on this practice to prevent exploitation of short-term visa systems and ensure fair immigration practices.
USA and Canada:
In both countries, there has been stricter enforcement against visa-hopping, with laws under 8 USC 1187 in the USA and IRPA Sections 29-30 in Canada addressing overstays and misuse of temporary visas. The focus is on ensuring that tourists and short-term visa holders comply with their terms of entry.
Canada’s introduction of the Provincial Attestation Letter and CIP course eligibility ensures that students cannot use loopholes to remain in the country indefinitely without contributing to the economy. Increased GIC amounts further restrict visa-hopping by ensuring only those who can financially support themselves are eligible.
Europe (Schengen Zone):
The upcoming ETIAS program will help prevent visa-hopping by requiring pre-travel authorization for visa-exempt nationals, ensuring tighter control over individuals who repeatedly enter and exit the Schengen Area.
UK, Australia, and New Zealand:
These countries have all adopted biometric tracking systems that log entries and exits, making it harder for individuals to extend stays beyond their visa terms. Visa overstay penalties have been increased in the UK under Immigration Act 1971, while Australia and New Zealand enforce similar penalties under their respective immigration laws.
Impact of Visa-Hopping Crackdown on Immigration
The crackdown on visa-hopping is intended to maintain fair immigration practices, prevent abuse of short-term visas, and ensure that those who wish to migrate follow legal channels. While this may inconvenience those who used visa-hopping as a temporary solution, it encourages adherence to proper immigration routes like student visas, work permits, or permanent residency applications.
For immigrants, especially students or skilled workers, these changes emphasize the importance of compliance with visa regulations, leading to more predictable and secure pathways for those genuinely seeking to contribute to their host country’s economy. It will also reduce the burden on social systems and create more transparent immigration systems worldwide.
Conclusion: Navigating the New Immigration Landscape
The recent changes in immigration policies across the USA, Canada, Europe, the UK, New Zealand, and Australia are designed to strengthen immigration systems, protect domestic economies, and ensure that individuals using student visas, tourist visas, and work permits do so within the law. These changes present both challenges and opportunities for those wishing to migrate. By following legal pathways and staying informed, prospective migrants can navigate these systems successfully and contribute positively to their chosen country.
For those considering immigration, staying informed about these new policies is critical to making well-informed decisions about studying, working, or residing abroad.
UPDATES RELEVANT TO CURRENT CHANGES AS PER THE DATE (21 OCT 2024)*
HARKIRAT SINGH
Managing Director & Founder
TYCHE NEXUS OPC PVT. LTD.