Global Trends in Immigration Policies for Students: Countries worldwide are increasingly recognizing the value of international students, leading to more welcoming visa policies. Canada, for instance, continues to ease pathways to permanent residency for students, while the UK is offering longer post-graduation work opportunities. Australia, too, has streamlined its visa processes and offers clear pathways to permanent residency.

Shifting Attitudes Toward International Students: In response to global competition and the growing demand for international talent, many countries are relaxing their immigration laws to attract the best and brightest minds. Countries in Europe, such as Germany and France, are increasingly offering opportunities for students to stay and work post-graduation. This trend is expected to continue into 2025, with more countries seeking to retain international graduates.

Key Immigration Challenges for Students: Despite these positive trends, international students still face challenges, such as high visa application fees, long processing times, and the need for proof of financial resources. Navigating these hurdles can be complex, and students need to be aware of the specific visa requirements of their chosen destination country. It is advisable to work with a consultant or immigration expert to guide them through the application process.

Australia’s Student Visa Process: The Subclass 500 visa allows international students to study full-time at an accredited institution in Australia. This visa also allows students to work part-time during their studies, offering an opportunity to gain valuable experience. As of 2025, the Australian government has simplified the visa application process, reducing the number of documents required and improving processing times for many countries.

Post-Study Work Opportunities: Australia offers the Temporary Graduate Visa (Subclass 485), which allows international students to stay in the country and work after completing their degree. This visa is available in two streams: the Graduate Work stream for international students with skills in demand and the Post-Study Work stream for those who have completed a higher education degree in Australia.

Immigration Pathways for International Students: Australia’s immigration policies are favorable for students looking to transition to permanent residency. After gaining relevant work experience on a Subclass 485 visa, international students may be eligible to apply for permanent residency through the General Skilled Migration program. Additionally, Australia’s Regional Migration program provides opportunities for students to live and work in regional areas, with additional incentives for staying in these locations long-term.

UK Student Visa Options: The most common visa for students wishing to study in the UK is the Tier 4 (General) student visa, which is available to those enrolled in full-time degree programs. To qualify, students must prove they have the financial means to support themselves and meet the English language requirements. In 2025, the government has made efforts to streamline the visa process, making it easier for students to obtain the necessary permits.

Post-Graduation Opportunities: One of the most significant changes to the UK student visa policy in recent years is the reintroduction of the Graduate Route. This allows international students to remain in the UK for up to two years after completing a degree to work or look for work. For those completing doctoral degrees, the period is extended to three years. This is a major incentive for students, as it allows them to gain valuable work experience in the UK job market.

Challenges and Opportunities Post-Brexit: Since Brexit, the UK has tightened its immigration policies for students from the EU. However, the country remains attractive to international students due to the quality of education and the opportunity to work in the UK after graduation. The Graduate Route offers a bridge for students to transition into the UK workforce, especially in industries like technology, finance, and engineering.

Overview of Canada’s Study Permit Process: International students wishing to study in Canada must apply for a study permit, which serves as a student visa for the duration of their program. To be eligible, applicants must first be accepted into a Designated Learning Institution (DLI). The process involves submitting proof of financial support and a police certificate, as well as undergoing a medical examination for certain applicants.

Streamlined Visa Process for High-Demand Countries: Canada has introduced a faster visa processing system for students coming from countries with high demand, such as India, China, and Nigeria. This initiative is part of the Canadian government’s commitment to attracting international talent and easing the visa application burden for students from these regions.

Work and Immigration Opportunities: Canada’s post-graduation work permit program is one of the most attractive features for international students. Graduates from eligible institutions can apply for a work permit lasting anywhere from 8 months to 3 years, depending on the length of their program. The Canadian government is also offering permanent residency pathways for students who gain work experience post-graduation, making it an attractive option for those looking to settle in Canada long-term.

Immigration Pathways: Canada is one of the few countries that offers clear pathways from study to permanent residency. International students are often seen as ideal candidates for Canada’s Express Entry system, especially if they have completed a program of study in Canada and have obtained relevant work experience.

Types of US Student Visas: There are several visa categories for students who want to study in the US, with the most common being the F-1 visa. The F-1 visa is for students enrolled in an academic program, including universities and language training programs. Alternatively, the J-1 visa is typically used for students participating in exchange programs.

Recent Changes in Visa Policies: The US government has introduced changes to visa processing, aimed at improving efficiency and reducing wait times. For instance, processing times have decreased for certain categories of applicants, especially for those who apply well in advance. Additionally, the Biden administration has worked to streamline the visa renewal process, making it easier for students to maintain their legal status while in the country.

Work and Stay Opportunities: One of the major benefits of an F-1 visa is the opportunity for on-campus employment and optional practical training (OPT). OPT allows students to work in their field of study for up to one year after graduation. Students in STEM fields are eligible for an additional 24-month extension. This opportunity is incredibly valuable for students looking to gain hands-on experience and improve their chances of securing employment in the US.

Tips for a Successful Visa Application: To improve your chances of a successful visa application, it is essential to have all required documents in order. This includes proof of financial support, a valid passport, acceptance letter from a US institution, and evidence of ties to your home country. Consistency and accuracy in your application will ensure a smoother process.

New Educational Opportunities: The number of international programs is rising, with universities around the world offering a wider range of online and hybrid courses. Students can now study at prestigious institutions from the comfort of their homes or with fewer trips, making education more accessible. Countries like the UK, the US, and Australia have expanded their online offerings to cater to international students, especially in fields like data science, artificial intelligence, and business management.

Shift Toward Sustainable and Global Education: There is a growing emphasis on sustainability and social responsibility in education. As environmental concerns take center stage, universities are increasingly offering courses and programs focusing on climate change, sustainability, and green technologies. This reflects the broader global push toward addressing climate crises and fostering a responsible generation of leaders.

Evolving Visa Regulations: Countries like Canada, the UK, and the US are revising their visa regulations, offering more flexibility for students wishing to work while studying. Post-graduation work permits have become more accessible, offering international students the opportunity to gain valuable work experience in their host countries.

The Role of Technology in Study Abroad: Technological advancements are revolutionizing the way we think about international education. Virtual reality (VR) and augmented reality (AR) are being integrated into the classroom to provide an immersive learning experience, even if students are not physically present. These advancements will likely play a pivotal role in the future of study abroad programs.

Although some jurisdictions in the United States, including New York and California, have eased legal marriage requirements amid COVID-19 lockdowns to allow for “virtual” marriage ceremonies, these procedures may be only a band-aid “I do”. If two people are married virtually and fail to be in each other’s physical presence, this is not enough to be recognized as a legally valid spouse under Canadian immigration law, according to rules in the Immigration and Refugee Protection Regulations.

I (do), Robot?

Virtual marriages include various forms of ceremonies in which the officiant, the couple, and/or the witnesses or other guests participate in the service through audio-visual tools and programs such as Zoom or FaceTime. But under Canadian law, physical presence matters: Recent court decisions on the validity of marriages show the Federal Court has routinely interpreted “physical presence” as meaning a couple’s physical presence at the marriage ceremony itself.

This could have consequences for a couple’s immigration plans. A route to permanent residency in Canada by sponsoring a spouse, for instance, could be thwarted by the nature of the virtual marriage if the couple were not physically present at the event.

Love and travel restrictions will tear us apart

Under strict travel limitations provoked by COVID-19, a couple’s physical presence may be hard to achieve.

Since March 2020, the Canadian government has imposed strict travel restrictions at the Canada-U.S. border, as well as for other international travel. These rules include a blanket ban on discretionary or optional travel. Imposed by legal tools called Orders-in-Council (authorized under the Quarantine Act), they have placed stubborn legal barriers between cross-border, long-distance couples and those claiming to be a common-law partner of a Canadian at the border.

The restrictions at the U.S. border have eased somewhat to allow a non-Canadian “immediate family member” of a Canadian citizen or permanent resident to enter Canada, subject to certain criteria. An example of such a family member includes the spouse of a Canadian. However, if a person fails to be recognized as a legally valid spouse, they cannot rely on the exception for spouses.

A recent Green and Spiegel blog post on this topic further explains how the immediate family member exemption operates.

Beware long-term consequences of digital declarations of love

A virtual marriage ceremony recognized and performed in accordance with the local law in another country does not guarantee that marriage is valid in Canada. A marriage must be valid in both the jurisdiction in which it occurred and under Canadian law.

The Regulations state that a foreign national is excluded from being recognized as a spouse if:

1. The foreign national is less than 18 years old;
2. The foreign national or the other partner was already married to another person at the time of the marriage;
3. The partner has lived apart from the foreign national for at least one year while in a common-law relationship with another person; or
4. At the time of the marriage ceremony, one or both spouses were not physically present (subject to an exception for Canadian Forces members).

Those restrictions upon a legal recognition of a “spouse” could later spell trouble for a Canadian citizen or permanent resident who later wishes to sponsor the non-Canadian under a spousal sponsorship application. This does not, on its own, permanently bar the foreign national from being sponsored, but it could delay the process while the parties attempt to legalize their marriage or apply for sponsorship under a different category (as a common-law or conjugal partners, for example).

Although there are some exceptions to the general law that prohibits travel to Canada from the U.S. for a discretionary or optional purpose, some relationships – adult children of Canadians, or a non-Canadian long-distance lover – don’t qualify for entry under an exception for an “immediate family member” of a Canadian. For now, this means many committed couples and family members eager to reunite are forced to remain separated, a reality likely made more difficult without knowing when the restrictions will be lifted.

General ban on discretionary travel at heart of restrictions

After COVID-19 started seeping into Canada and spreading through communities, Canada introduced laws prohibiting most non-Canadian travellers from entering the country in March 2020. It was a move prompted by an urgent priority to halt and control the spread of COVID-19 in Canada, itself exacerbated by travel.

A general prohibition on entry into Canada still stands. Enacted by way of Orders-in-Council (legal instruments used by the Cabinet), as authorized under the Quarantine Act, the current law affecting travel from the U.S. states that foreign nationals (those who are not Canadian citizens or who do not have permanent residence status in Canada)are prohibited from entering Canada in key scenarios, including where a foreign national has or is believed to have symptoms of COVID-19.

According to the most recent Order-in-Council from June 29, 2020, another restriction continues to ban foreign nationals from entering Canada from the U.S. “if they seek to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment.”

However, there is an exception to this ban on non-essential travel: the exception applies to a specific category of people whom the government considers to be an “immediate family member” of a Canadian citizen or permanent resident. Travellers wishing to enter Canada using this exception must also satisfy a border officer that the intend to cross the border to be with their Canadian family member and can demonstrate their intent to stay in Canada for at least 15 days.

Who is an ‘immediate family member’?

The definition of “immediate family member” is causing headaches and heartbreaks for family members not included in this category. The problem many loved ones face is that an “immediate family member” is a specific legal term that captures only the relationships as defined in the law. Its potentially broader, more modern or colloquial meaning regarding who makes up a person’s immediate family has no legal force.

According to the applicable law, an immediate family member of a Canadian citizen or permanent resident is defined as follows:

1. the spouse or common-law partner of the person;
2. a dependent child of the person or of the person’s spouse or common-law partner;
3. a dependent child of a dependent child referred to in paragraph (b);
4. the parent or stepparent of the person or of the person’s spouse or common-law partner; or
5. the guardian or tutor of the person.

Although the restrictions have eased somewhat – some categories of relationships continue to be left out.

(Mere) lovers in a dangerous time not enough to earn exemption

News outlets including the CBC and CTV have recently brought public attention to the types of relationships that are not covered by the specific immediate family exception. The following relationships are among those that remain excluded by the current rules:

• A non-Canadian in a relationship with a Canadian, but who is not
  • Married to a Canadian; or
  • In a common-law relationship with a Canadian
• An adult child (who is not a “dependent child”) with a Canadian parent;

These excluded relationships also capture engaged, committed and long-term couples who do not qualify as common-law partners. It also means a non-Canadian adult living in the U.S. who has a sick, elderly parent in Canada is not eligible for an exception to the general ban on discretionary travel through the immediate family member exception. The key barrier in this scenario would be the focused definition of a “dependent child” under the law.

Proof at border remains tricky hurdle

Another complication that ensnares travellers hoping to reunite is the evidentiary burden and discretion at the border: Immigration, Refugees and Citizenship Canada (IRCC) instructions available online encourage travellers to provide documentary proof that they meet the “immediate family member” criteria. This means they must establish Canadian citizenship or permanent resident status of their loved one and satisfy the legal definition of the claimed relationship creating the “immediate family member” status.

This problem is highlighted with couples who are in the common-law relationship. This category captures those in a genuine relationship who have lived together for at least one year as though they were married.  Proving common-law status is not simple to prove and frequently individuals are unable to provide proof of the relationship.

Canada has taken a different approach, Marco Mendicino and Navdeep Bains, the Canadian Ministers of Immigration, Refugees and Citizenship and Innovation, Science and Industry, respectively, have written about the advantages of attracting such talented people. The Ministers explained that by opening our borders to innovative foreign talent, Canada’s businesses have grown, and we have been able to tap into new markets and create more jobs for the Canadian middle class. This is especially true of the Canadian tech industry.

In the past three years, Canada has seen significant growth in the tech industry due in large part to its welcoming immigration policies and programs. At the forefront of these programs is the Global Skills Strategy. A key component of the Global Skills Strategy is the Global Talent Stream (“GTS”) which has streamlined the process of immigration for tech talent from around the world, making it quicker and easier for Canadian companies to bring in these gifted foreign nationals. With its latest proclamation, the US has suspended the H-1B visa, which has been heavily used by American tech companies to bring in top engineering and software development professionals. While the US has closed their borders to these tech personnel, Canada continues to welcome them, working hard to ensure the GTS program continues to run smoothly throughout COVID-19. Even Canadian businesses are looking to benefit from the US turning away talent. Most notably, in the wake of the changes to the H-1B visa, Shopify’s CEO, Tobias Lutke, tweeted an open invitation for resumes stating that “Canada is awesome. Give it a try”.

For tech and skilled workers alike, the Express Entry program is a great option for obtaining Permanent Residency due to its simplicity and relatively quick processing timelines. The Express Entry programs operate using a points system where all eligible applicants are submitted into a pool and biweekly draws determine the minimum amount of points required by those in the pool to receive an invitation to apply for permanent residency. During COVID-19, the focus has been on the Canadian Experience Class which is made up of skilled foreign nationals who have at least one year of Canadian work experience. Now is a great time to apply for the Canadian Experience Class as the draws are showing lower than usual minimum points requirements for invitations to apply. The Federal Skilled Workers program welcomes persons with significant foreign work and/or a high level of education and the Federal Skilled Trades program calls for skilled tradespeople. While these two programs are not currently having draws or sending out invitations to apply for permanent residency, the pool is accepting applications and those eligible are strongly encouraged to apply.

In addition to the Canadian Experience Class draws, there have been periodic draws for the Provincial Nominee Programs (PNP) since the start of the COVID-19 pandemic. PNPs are similar to the federal Express Entry program but each province and territory have their own PNP streams with requirements unique to that province or territory. If you are looking to come to certain Canadian province or territory in Canada and meet the particular needs of their PNP, this is a great way to apply for permanent residency.

Health Canada states that the purpose of the app is to reduce wait times at Canadian ports of entry and to limit points of contact. In other words, filling in the necessary information on the app allows travelers to have a comparatively shorter conversation with a Border Services Officer and limits the level of physical contact by reducing the exchange of paper. The form filled out in the app requests the following information:

• Flight details for travelers arriving by air;
• Name and dates of birth for each traveler in the same household;
• The travelers’ destination in Canada, including the address at which they will be staying during the 14 days after they arrive; and
• The travelers’ email address and telephone numbers.

The app also includes a COVID-19 Self-Assessment and Quarantine Plan Questionnaire, which asks travelers whether they are experiencing COVID-19 symptoms, whether there will be vulnerable people at their quarantine location, and if they will have access to food, medication, or other necessities while in quarantine. The forms in the app can be filled out using airplane mode. Once completed, the information is submitted by entering a token number, which is displayed on signs located around airports and at land borders.

With regard to privacy concerns, Health Canada notes that the app is not used to track people’s location through their phone or via GPS, or as a surveillance tool. Due to security concerns regarding the protection of personal information, a disclaimer in the app’s privacy statement recommends against using the airport’s free public Wi-Fi when submitting the form and using one’s own cellular connection instead.

COVID-19 has drastically changed the way we do things, forcing governments to turn to technology to modernize longstanding procedures in an effort to slow down the spread of the virus. The ArriveCAN app appears to be one of the latest examples of this trend.