M17 (April 5 2024).pdf

MODULE 17 WORK DURING STUDIES AND PGWP Welcome to Module 17: work authorization during studies and PGWP. 1  OVERVIEW OF MODULE 17 01 WORKERS...

MODULE 17 WORK DURING STUDIES AND PGWP Welcome to Module 17: work authorization during studies and PGWP. 1  OVERVIEW OF MODULE 17 01 WORKERS 07 WITHDRAWALS AND PROGRAM COMPLETION 02 TYPES OF WORK PERMITS 08 DESTITUTE STUDENTS 03 STUDENT WORK REGULATIONS POST-GRADUATION WORK 09 PERMIT (PGWP) 04 ON-CAMPUS WORK 05 OFF-CAMPUS WORK 10 EXAMPLES OF CASE LAW CO-OP AND INTERNSHIP 11 RISIA SCOPE OF PRACTICE AND 06 WORK ADVISING TIPS Recall from the previous module that study permits contain important conditions, including when a student is able to work. In Module 17, we discuss work regulations and different types of work authorization for students, including on- and off-campus work as well as co-op and internship work. We'll further discuss options for destitute students, and the post-graduation work permit eligibility requirements and application process. 2  LEARNING OUTCOMES Build Foundational Knowledge Understand workers as a class of temporary residents and the types of work permits Understand immigration regulations specific to student work authorizations Identify what work-related authorizations are within the RISIA scope of practice During this module, you will build upon the foundational knowledge introduced to you previously, increasing your understanding of international students and foreign workers in Canada. You'll continue to explore the legal and regulatory framework (IRPA and IRPR) that govern work authorization for students and workers in Canada. Finally, you will continue to expand on your understanding of the RISIA scope of practice as it relates to work authorization for students during – and after – their program of study. 3  WORKERS MODULE 17 - SECTION 1 In this section, we will explore the temporary resident class of workers and the definition of work under IRPR. 4 TEMPORARY WORKERS IRPR specifies that the worker class is a class of persons who may become temporary residents. A worker may be authorized to work without a work permit under R186 or may be authorized to work by issuing a work permit pursuant to Part 11 of IRPR. Our immigration Regulations describe different classes of temporary residents, including visitors, students and workers. Our Regulations establish the eligibility criteria for each class. A worker may be authorized to work without a work permit under R186 or may be authorized to work by the issuance of a work permit pursuant to Part 11 of IRPR. The Temporary Foreign Worker Program (TFW) and the International Mobility Program (IMP) regulate the entry of foreign workers into the Canadian labour market. The aim of these programs is to help Canadian employers fill labour shortages, improve Canada's economic competitiveness, and provide significant economic or cultural benefit to Canadian citizens and PRs. A work permit, or the authorization to work in Canada without a permit, is required by a foreign national to be allowed to work in Canada under the Temporary Foreign Worker Program and the International Mobility Program (IMP). And while the work permit issuance is determined by provisions in IRPR, the jurisdiction over the employment of foreign nationals is shared between IRCC and ESDC. More details about these two programs is provided in the following slide. 5 TEMPORARY WORKER PROGRAMS Temporary Foreign Worker Program Employers must obtain a Labour Market Impact Assessment (LMIA) to hire foreign workers to fill temporary labour and skill shortages. The LMIA verifies that there is a need for a temporary worker and that no Canadians or permanent residents are available to do the job. International Mobility Program (IMP) Employers hire temporary workers without an LMIA. Exemptions from the LMIA process are based on both of the following: > the broader economic, cultural or other competitive advantages for Canada > the reciprocal benefits enjoyed by Canadians and permanent residents The Temporary Foreign Worker Program allows employers to obtain a Labour Market Impact Assessment (LMIA) and hire foreign workers to fill temporary labour and skill shortages. The LMIA verifies that there is a need for a temporary worker and that no Canadians or permanent residents are available or qualified to do the job. Temporary foreign workers in Canada are individuals from other countries who come to Canada temporarily to work in various industries and occupations. The Canadian government has established several programs and pathways to allow employers in Canada to hire foreign workers when they cannot find suitable Canadian citizens or permanent residents to fill job vacancies. These temporary foreign workers are granted work permits to legally work in Canada for a specified period of time. Work permits that are issued based on a positive LMIA decision are called "closed" work permits. This means that the employer is named on the work permit; the work permit older is not authorized to work for any other employer other than the one identified on the permit. The International Mobility Program (IMP) lets employers hire temporary workers 6 without an LMIA. Exemptions from the LMIA process are based on the broader economic, cultural or other competitive advantages for Canada and the reciprocal benefits Canadians and permanent residents enjoy. Sections 204 to 208 of the Immigration and Refugee Protection Regulations (IRPR) provide the regulatory authority to issue a work permit to a worker who does not require a labour market impact assessment (LMIA) as per subparagraphs 200(1)(c)(i to (ii.1). Work permits issued under R204-208 may either be "closed" (e.g., an Intra-Company Transfer is LMIA-exempt but still includes the name of the employer and other conditions of employment) or "open." An open work permit allows the permit-holder to work in any unrestricted occupation in Canada on the basis that such employment would be a significant benefit to Canada. An example of an open work permit-holder in the IMP category is the spouse or common-law partner of an international student in Canada. The co-op work permit, the post-graduation work permit and the spousal open work permit for spouses of students are other examples of work permits under the IMP. Obtaining these permits does not require a labour market assessment under the TFW program. These three work permits are the most common for a RISIA to encounter in their practice. 7  WORK AND EMPLOYERS Work An activity for which wages are paid or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market. An Employer A person, firm, corporation, contractor, or other association or organization in Canada which: > indicates the intention to have an employer-employee relationship with a person who is a temporary foreign worker and > has an employer-employee relationship with respect to employees, as indicated by the fact that it may hire, fire, pay, supervise, or otherwise control and direct the employee in the material details of how their work is to be performed. IRPR defines work as "an activity for which wages are paid or commission is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market”. When is an activity considered work for the purposes of IRPA/IRPR? Being paid a wage is not the only factor. If an activity competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market, the foreign national would still require a work permit or authorization to work without a work permit regardless of whether they receive compensation. A volunteering position for which wages would ordinarily be paid would be considered work. For example, if a student is "volunteering" as a waitress at a restaurant to learn the job and practice their English language skills, this activity is still considered work under the Regulations. Another example could be guiding hospital visitors to an elevator, which is a volunteer position that is not considered work under IRPR and does not require a work permit or authorization by law. However, organizing or managing a fundraiser to raise money for elevators in the hospital lobby could be considered work even if it is not paid. In this case, a foreign national would require work authorization. 8  TYPES OF WORK PERMITS MODULE 17, SECTION 2 In this section, we’ll discuss types of work permits. 9  WORK PERMITS Employer-specific work permit Open work permit There are two different types of work permits, an employer-specific work permit and an open work permit. 10 OPEN WORK PERMITS An open work permit lets you work for any employer in Canada, except for one that: > is listed as ineligible on the list of employers who have failed to comply with the conditions or > regularly offers striptease, erotic dance, escort services or erotic massages An open work permit lets an applicant work for any employer in Canada, except for one listed as ineligible on the list of employers who have failed to comply with the conditions or regularly offer striptease, erotic dance, escort services or erotic massages. One of the most common open work permits that RISIAs encounter is the post-graduation work permit. We’ll explore the PGWP later in this Module. 11  TYPES OF OPEN WORK PERMITS Unrestricted Restricted Allows to work in any Imposes conditions on occupation at any location occupation or the location Open work permits in Canada are generally unrestricted, allowing the holders to work for any employer and engage in most types of employment across the country. However, specific conditions or restrictions can be associated with certain categories of open work permits. Common restrictions or conditions that may apply to open work permits: Location restrictions: Some open work permits may be limited to a particular geographic area or province. This is less common but can occur if the permit is tied to specific programs or agreements. Occupational Restrictions: While open work permits generally allow holders to work in various occupations, there may be specific restrictions for certain categories. Occupations may be restricted due to the applicant’s medical status; an occupation restriction must be specified on the work permit because the person cannot work in jobs where the protection of public health would be at risk. Where a foreign national has not completed an immigration medical examination, conditions must be imposed restricting specific occupational sectors such as: “Not authorized to work in 1) childcare, 2) primary or secondary school teaching, 3) health 12 services field occupations.” The unrestricted work permit can be issued to any eligible applicant who has passed an immigration medical examination. Those wanting to work in these areas must undergo a medical examination and apply to change conditions on their permits before they can begin work in those occupations. Additionally, effective July 14, 2012, ministerial instructions direct immigration officers not to process any work permit applications from foreign nationals seeking employment in businesses that are in sectors where there are reasonable grounds to suspect a risk of sexual exploitation – namely strip clubs, escort services and massage parlours (see also R183(1)(b.1)). This means that there are standard conditions that apply to all work permit holders. Even if there are no specific conditions on your work permit, holders must not work for an employer in those businesses. Open work permit holders must comply with Canadian immigration regulations and policies. Failure to do so can result in the revocation of the permit and potential removal from Canada. It's essential for open work permit holders to be aware of any conditions or restrictions associated with their permits and to comply with them to maintain their legal status in Canada. 13 EMPLOYER-SPECIFIC WORK PERMITS Name of 1 the specific employer How long the work permit is valid Location of work An employer-specific work permit lets the applicant work in Canada according to the conditions on the applicant's work permit, such as: the name of the specific employer how long the work permit is valid for, and The location of work Before an application for an employer-specific work permit is submitted, the employer must complete specific steps and provide the applicant with a copy of an LMIA or an offer of employment number to include on the application. In both the Temporary Foreign Worker Program and the International Mobility Program, work permits are issued for foreign nationals to work in a specific occupation. The occupation is restricted to the National Occupational Classification (NOC) code provided by the employer in the LMIA application or in the offer of employment for LMIA-exempt workers. Employer-specific work permits often have the condition “Not authorized to work for any other employer”. 14  STUDENT WORK REGULATIONS MODULE 17 - SECTION 3 In this section, we will explore the regulations that govern students’ rights and responsibilities related to work. 15  WORKING AS A STUDENT > Study permit may include a condition to work on or off campus > Must also meet all the other requirements and only start working in Canada when studies begin > As a study permit holder, you may be able to work off campus without a work permit > There is no employer restriction when working off-campus as a student Students may be eligible to work in Canada while studying if their study permit includes a condition that says they can work on or off campus and meet all the other requirements. Students can only start working in Canada when they begin their study program. As study permit holders, students can work off campus without getting a work permit. There is no employer restriction when working off campus as a student. As explained in the previous sections, occupation restriction may be imposed if the holder has not undergone a medical exam or if they didn’t pass it with the score required to work with vulnerable populations. 16  STUDENT WORK Work under a study permit Work permit required Work permit required IRPR 186 IRPR 205 IRPR 208(a) Includes on and off campus Co-op/Internship (Work Includes work permit eligibility work under a study permit Integrated Learning) for destitute students Different regulations in IRPR deal with different kinds of student work authorization. IRPR 186 will likely be the most common in your daily practice as RISIAs, as this section details the circumstances where foreign nationals are allowed to work without requiring a work permit. Subsection R186(v) determines the conditions that a student must meet to work without a work permit. IRPR 205 includes eligibility criteria for a work permit to be issued to post-secondary students whose academic, vocational, or professional training program has a mandatory work requirement. You may also encounter students who, through no fault of their own, have become destitute and can no longer pay tuition. IRPR 208(a) allows students to obtain a work permit to sustain themselves financially and eventually return to their studies in Canada. This type of application must be prepared very carefully to underline the humanitarian and compassionate nature of the request. 17  SHORT-TERM STUDENTS IN FOREIGN HEALTH CARE PROGRAM IRPR 186(p) allows work to be done without a study permit. This simplifies the opportunity for certain medically-focused training programs. Canadian programs that require work placements are covered by IRPR 205 R186(p) provides authorization to work without a work permit for a short term to students in a foreign health care program who are completing work primarily for the purpose of training. The IRCC operational instructions specific to R186(p) (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications -manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work- without-permit/authorization-work-without-work-permit-health-care-students.html) specifies the eligibility, type of work allowed, and documentation required for these students. Students completing a program in a health field at a Canadian DLI that has a required work placement are not eligible to work under this regulation. Instead, they would need to apply for a study permit and co-op work permit. 18  MAINTAINED STATUS AND STUDENT WORK REGULATIONS IRPR 186(u) IRPR 186(w) IRPR 183(5) Allows students waiting for a Grants recent graduates who Forms the basis for decision on an extension have applied for a work “Maintained Status” application within Canada to permit (commonly PGWP) continue to work while under the right to work full-time “Maintained Status” without a work permit while they wait for a response. 19 In addition to the work regulations already discussed, the following regulations relate to students working and maintaining status. IRPR 186(u) grants a student who submits a study permit extension application before the expiry date of their current study or work permit the right to continue to work under maintained status as long as they remain in Canada and meet the other conditions of their permit. IRPR 186(w) grants a recent graduate the right to work full-time under their study permit if they: have completed their program, AND; abided by the other on and off-campus work regulations, AND have a valid study permit on the day they applied, AND have applied for a work permit (most commonly the PGWP). ** Please note graduates can apply for any type of work permit, for which they are eligible, and start working under IRPR 186(w), not just the PGWP. Also, under this regulation, there is no requirement to stay in Canada. Leaving Canada does not affect the validity of 186(w) therefore, a foreign national could leave Canada, come back 19 even as a visitor, and be able to continue working if no decision has been made yet on the application. This authorization to work continues as long as it takes for IRCC to decide on their application. As discussed in Module 16, IRPR 183(5) grants an extension of the period of authorized stay by operation of law, allowing a foreign national to maintain their temporary resident status when the apply to extend their stay in Canada before the expiry of their permit. This was previously known as “implied status” and is now referred to as “maintained status.” 20  SOCIAL INSURANCE NUMBERS Department of Employment and Primary legal framework for the Social Development Department’s work Act Social Insurance Limits who is eligible Number Regulations Limits length of SIN verification Valid temporary residency document that confirms eligibility Practical to work Requirements Maintained status also extends to SIN In addition to the regulations governing a temporary resident’s right to work in Canada, other work-related regulations must be followed. One example is the Social Insurance Number, or SIN. The Social Insurance Number Regulations and the associated Department of Employment and Social Development Act are the legal basis for issuing SINs. The Federal government issues the SIN through Service Canada offices. To get a SIN, a temporary resident must present a valid temporary residency document confirming their work eligibility. This could be a visitor record, study permit, or work permit. A visitor record or study permit must include specific conditions for Service Canada officials to issue a SIN. We will focus on the study permit conditions that must be met, including having the remarks “may work” or “may accept employment” on their permit. Though not strictly stated in the regulations, this is supported by Social Insurance Number Regulations 7 and 10(2). Temporary residents receive SINs that begin with the number 9 and have an expiry date which matches the expiry of their temporary residency document. This is reflected in Social Insurance Number Regulation 9(2)(a). 21 When the temporary resident applies to extend their status in Canada, the maintained status that can allow them to remain in Canada while their extension application is processed also applies to their SIN. This is also based on Social Insurance Number Regulation 9(2)(a). 22  ON-CAMPUS WORK MODULE 17 - SECTION 4 In this section, we will explore the rules around on-campus work for study permit holders. 23  ON-CAMPUS WORK REGULATIONS IRPR 186(f) > Hold a valid study permit, and; > Be enrolled as a full-time student at a university, community college, CÉGEP, publicly funded trade or technical school, or a private institution authorized by provincial statute to confer degrees and be a DLI Sub-section 186(f) of IRPR authorizes study permit holders who meet certain conditions to work on campus without a work permit. It requires the foreign national to hold a valid study permit and be enrolled as a full-time student at DLI which can be a university, community college, CÉGEP, a publicly funded trade or technical school, or a private institution authorized by provincial statute to confer degrees. 24  ON-CAMPUS WORK Any employment that takes place within the campus of the DLI where a student is enrolled full-time. Examples include: > The institution itself (or a division thereof) > student organizations > private businesses > the student themselves (self-employed) 21 While any student who wants to work on or off campus must have a study permit, not all students with study permits are eligible to do both. On-campus work requires a student to hold a study permit (with conditions authorizing the holder to work if meeting eligibility criteria), be enrolled at a DLI, and be registered full-time at a DLI authorized by provincial statute to confer degrees. On-campus work can include any employment that takes place within the campus of the DLI where a student is enrolled. Examples of possible employers include: the institution (or a division/faculty thereof); student organizations; private businesses (not necessarily serving the institution), or; the student themself (i.e., they can be self-employed). If a DLI has multiple campuses, a student can work on any of the campuses that fall within the same municipality of the campus they attend. There is no limit to the number of hours of on-campus work a student can do if they maintain their eligibility. Students can work full time on campus in addition to working the permissible hours off campus. 25  ON-CAMPUS WORK – REQUIRED RESEARCH OR TEACHING Includes facilities with a formal association or affiliation with a DLI but not part of the campus, as long as the work is “strictly related to the student’s research grant.” Examples include: > Libraries > Hospitals > Research facilities *This is not considered a co-op or internship. A student who has required research or teaching work can do so at facilities with a formal association or affiliation with a DLI but not within its campus under the on-campus work rules, but only if the work is “strictly related to the student’s research grant.” These could include libraries, hospitals, or research facilities. This is separate from programs with mandatory co-op/internship requirements, which would require a co-op/internship work permit, discussed later in this lecture. 26  OFF-CAMPUS WORK MODULE 17 - SECTION 5 In this section, we will explore rules around off-campus work for study permit holders. 27  OFF-CAMPUS WORK REGULATIONS IRPR 186 (v) Requires a student to: > hold a study permit; > be enrolled as a full-time student at a post-secondary DLI; > in an academic, vocational or professional training program (or a vocational secondary program in Quebec) that is at least 6 months in length and leads to a degree, diploma, or certificate; These students can work up to 20 hours/week (off-campus) during study periods; they can work full-time during scheduled breaks. IRPR 186(v) permits certain students to work off campus. To be eligible, a student must hold a study permit; be enrolled as a full-time student at a post-secondary DLI and be in an academic, vocational or professional training program (or a vocational secondary program in Quebec) that is at least 6 months in length and leads to a degree, diploma, or certificate These students must work no more than 20 hours per week off campus during study periods. Full-time work is allowed only during regularly scheduled breaks. To be eligible to work full-time during regularly scheduled breaks, an international student must have studied full-time in the term before the scheduled break and be planning to study full-time in the term directly following the scheduled break. Students may not work until they have commenced their program of study. Please note that students enrolled in an English or French as a second language (ESL/FSL) program and those taking general interest courses or pre-requisite courses are not allowed to work off-campus. 28 Exchange students who hold a study permit and are enrolled in full-time studies at a DLI are eligible to work off campus. Eligible students can work on campus in addition to working off campus. There are no restrictions on the number of hours students can work on campus in addition to working off campus, provided they continue to meet the applicable eligibility requirements. 29  REGULARLY SCHEDULED BREAKS > Must be noted in the institution’s academic calendar. > Students must be enrolled full-time both before and after the break. > This does not include labour actions (strikes). > Choosing to take courses during the scheduled break does not impact eligibility to work. > Right to work full-time off-campus can be no longer than 150 consecutive days and no more than a total of 180 days each year. Full-time off-campus work is allowed only during regularly scheduled breaks, as long as the student is enrolled full-time both before and after the break. Regularly scheduled breaks must be noted in the institution’s academic calendar. On-campus work authorization during a scheduled break is not defined in the Regulations, but since students who qualify to work off campus can work unlimited hours, they can also work on campus as part as their off-campus work hours. Labour actions at the institution (such as a strike) do not automatically count as a scheduled break. Therefore, a student unable to attend classes due to a strike is limited to 20 hours of work per week unless the strike occurs during a regularly scheduled break. Students who take courses when their program has a regularly scheduled break remain eligible to work full-time. Eligibility to work during a regularly scheduled break is limited to 150 consecutive days—the right to work ends after 150 days if a break is longer. Students can work full-time off-campus for no more than 180 days each year. 30  FINAL ACADEMIC SESSION International students enrolled part-time in their final academic session are authorized to work up to 20 hours off campus. These students can also work full-time during the scheduled break preceding their last final term. 26 The final academic session is the exception of the full-time enrolment requirement for off-campus work authorization. Students who only require a part-time course load in their final academic session to complete their program of study are allowed to work full-time during the regularly scheduled break before their last semester and are allowed to work off campus up to 20 hours per week during their final academic session as long as they have maintained full-time status for the duration of their program of study. 31 KNOWLEDGE CHECK The regulation for students to work off campus states: A. Students can work no more than 40 hours a week during study periods and full-time during scheduled breaks. B. Students can work no more than 20 hours a week during study periods and full-time during scheduled breaks. C. Students can work no more than 20 hours a week during study periods and no more than 40 hours during scheduled breaks. 32  KNOWLEDGE CHECK – ANSWER B Students can work no more than 20 hours a week during study periods and full-time during scheduled breaks. The correct option is B. Option C is incorrect because there is no limit on the number of hours that eligible students can work off campus during scheduled breaks. 33  CO-OP AND INTERNSHIP WORK MODULE 17 - SECTION 6 In this section, we will explore how international student can participate in work integrated learning experience that are a requirement of their program of studies. 34  CO-OP/INTERNSHIP (WORK INTEGRATED LEARNING) IRPR 205(c)(i.1) Allows a work permit to be issued to post-secondary students with mandatory co-op, internship, or other work placement requirements in their academic, vocational, or professional training programs. This facilitates work-integrated learning that cannot be completed under the other off-campus work regulations. IRPR 205(c)(i.1) allows a work permit to be issued to post-secondary students with mandatory co-op, internship, or other placement requirements in their academic, vocational, or professional training programs. This facilitates Work Integrated Learning that requires a work permit. The co-op work permit cannot be used for any work that is not an essential part of their program of studies. 35  CO-OP AND INTERNSHIP WORK Work requirement in a post-secondary academic, vocational, or professional training program at a DLI that makes up less than 50% of the total program of study. > Work permit is required, but no application processing fee. > Validity to match study permit or to end of placement(s). > Confirmation of work component from DLI required Post-secondary students with mandatory co-op, internship or other placement requirements in their academic, vocational, or professional training programs at a DLI are expected to get a co-op work permit. They are eligible for the work permit if the work is required of all students in the program and does not make up more than 50% of the total program of study. The co-op work permit often includes the following remark: “Employment practicum cannot form more than 50% of the total program of study. Authorized to undertake employment which forms an integral part of studies as certified by the institution”. The work permit is issued as a supplement to the student’s study permit. Its expiry date should not exceed the study permit’s validity. There is no application processing fee for the co-op work permit. To apply for a co-op work permit, a student needs confirmation from their DLI that the work component is essential to their program. If the program has a mandatory work component, the Letter of Acceptance must indicate this. In this case, students should apply for the co-op work permit along with their study permit from outside Canada (they would submit a Web Form request to IRCC while their study permit application is in process; when students enter Canada, they are issued both, the study 36 permit and the co-op work permit). If the study permit is already approved, the student must wait to apply for it in Canada. If the student does not apply for the co-op work permit before coming to Canada, they can apply for it separately from inside Canada. In some cases, institutions require that students apply to the co-op program after completing at least one term of studies; in this case, the co-op work permit application must be submitted inside Canada. Students in this situation require a letter from the DLI clearly establishing that the work is an essential part of their program. Students already in Canada and have applied for a co-op work permit may begin their co-op placement using their on-campus and off-campus work authorization (unlimited hours on campus or up to 20 hours off campus), provided they meet all the eligibility requirements. It is important to note that the 20 hours must include both the hours worked at their co-op job and those at their regular off-campus job (if they have one). If the co-op work permit application is refused, they must stop their co-op work immediately. 37  MULTIPLE WORK REQUIREMENTS Co-op/internship Co-op/internship requirement 1 requirement 4 Employer A Employer A Co-op / Co-op/internship internship Co-op/internship requirement 2 work requirement 5 Employer B permit Employer B Co-op/internship Co-op/internship requirement 3 requirement 6 Employer C Employer C The co-op work permit is an open work permit, which is exempt from a Labour Market Impact Assessment (LMIA), but it is restricted because it can only be used to perform work that is essential for the completion of their program of studies. The LMIA exemption code C32 allows the issuance of a post-secondary co-op work permit. Immigration policy states that the work permit will be issued with the DLI noted as the employer. This allows a student to complete multiple work placements with various employers (if required) using the same work permit. If a student transfers to another program at a different DLI, they must apply for a new co-op work permit before engaging in work required for the new program. If students are required to work with vulnerable people – e.g., in areas such as childcare, health services and elementary and secondary education – they must undergo an immigration medical exam. Otherwise, the processing office will impose a condition restricting the holder from working in those occupations. One important note to remember is that for the purpose of subparagraphs R205(c)(i.1), students are not eligible if they undertake any of the following: general interest courses 38  preparatory courses work-study programs offered by institutions that primarily offer English or French as a second language (ESL/FSL) courses business-type programs containing primarily ESL/FSL courses. 39  EDUCATIONAL CO-OP: SECONDARY LEVEL Co-op work permits are also available for international secondary school students For study permit holders who intend to perform work that is an essential part of a Canadian program at the secondary school level. Also exempt from work permit processing fee and open work permit fee. LMIA exemption code C33 (co-op for international secondary school students) is intended for study permit holders who intend to perform work that is an essential part of a Canadian program at the secondary school level. This includes vocational training programs offered by a DLI in Quebec and programs that require students to work to obtain their secondary or high school diploma or certificate of graduation. Like applications processed under exception code C32, applicants under exemption code C33 are exempt from the work permit processing fee [R299(2)(e)] and the open work permit fee [R303.2(2)(a)]. 40  WITHDRAWALS, LEAVES FROM STUDIES AND PROGRAM COMPLETION MODULE 17 - SECTION 7 What happens to work authorization when a student withdraws from studies, takes (un)scheduled breaks, or completes the program? 41  SPECIAL SITUATIONS Withdrawal or Leave from Final Term of Study Studies Students cannot work on or off Students who only require part-time campus if they stop studying. enrolment to complete their academic Returning to full-time studies is requirements maintain the right to work necessary to begin working again. on or off campus. Students who choose to take a leave from their studies when the institution expects them to be studying, for example, withdrawing from studies, will lose the right to work on or off-campus until they return to full-time status. Likewise, if students take an authorized leave from their studies, they cannot work during the leave. Students also lose their ability to work on and off campus if they drop to part-time enrolment at any moment during their program. There is an exception to when students are enrolled part-time, which is when a student nearing completion of their degree maintains the right to work on or off-campus if they are enrolled in part-time studies in their final term of study - If part-time enrolment will allow them to meet their graduation requirements (a part-time course load is all they have left in their final term to complete program). As explained in Section 5, to be eligible, students must have maintained full-time status for the duration of their program of study. 42  PROGRAM COMPLETION Before Confirmation of Completion After Confirmation of Completion Until the institution confirms completion Eligibility to work on or off-campus ends of program requirements, students can when institution confirms completion of continue working up to 20 hours/week. the program. This period is not considered a regularly Exception if the student has been scheduled break. admitted into a subsequent full-time program in Canada. They can work for a maximum of 150 days. A student who has completed all their program requirements but has not yet received confirmation from the institution of their eligibility to graduate continues to be considered a student. They can work up to 20 hours a week because this period is not considered a regularly scheduled break. Once an institution confirms completion of the program, a student must stop working unless they have been admitted into another full-time program at a DLI in Canada. They will be able to work up to 150 days between both programs. “If the new program of study starts more than 150 calendar days after the first date they receive written confirmation of program completion from their current institution, the student is eligible to work off campus only during the first 150 consecutive days after the first date they receive written confirmation of program completion. They should either apply to change their status (for instance, change it into visitor status) or leave Canada until their new program commences.” https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications- manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus- work.html 43 As a note, it is important to verify how your institution determines the program's completion date. For example, some institutions may consider it to be once final exams are completed or on the date the Registrar confirms the successful completion of the program. In addition, how is the confirmation of completion of the program communicated? By email, in the student portal, on the student’s request? These details should be clearly communicated to students. 44  WORKING AS A STUDENT TIMELINE Eligibility to work without a permit under R186(f) and (v) ends when a student receives confirmation of program completion. The date of the graduation ceremony is not relevant when If eligible, a student is allowed to work unlimited determining until when students hours on campus and up to 20 hours off campus. can work on and off campus. Confirmation of Last day of Last day of the Graduation/Convocation completion classes academic term Ceremony issued This slide illustrates a timeline of program completion and eligibility to work as a study permit holder. As you can see, an eligible student will remain eligible to work on and off campus after the last day of classes, after the last day of exams and after the official last day of the academic term as long as their study permit remains valid, and it hasn’t been confirmed that the completed their program requirements. As soon as the student receives confirmation of completing his program (for instance, a transcript, an official letter or an email), they must stop working on and off campus. As mentioned in the previous slide, if the student has been admitted to a subsequent eligible program at a DLI, they can continue to work off campus for up to 150 days between programs of study. This scenario is not illustrated on this slide. 45 DESTITUTE STUDENTS MODULE 17 - SECTION 8 46  OPTION FOR DESTITUTE STUDENTS > A current student with a study permit may find themselves in a situation where they cannot access their financial support for reasons out of their control. > In recognition of these circumstances, IRCC has policies in place that allow a student in such a situation to qualify for a short-term work permit that may help them to improve their financial situation. A student inside Canada with a study permit may find themselves in a situation where they cannot access their financial support for reasons out of their control. In recognition of these circumstances, IRCC has policies in place that allow a student in such a situation to qualify for a short-term work permit that may help them to improve their financial situation. 47  DESTITUTE STUDENT WORK PERMIT Issuance of Work Permits – Examples include: Humanitarian Reasons IRPR 208(a) > War A work permit may be issued… if the > Upheaval in the home country foreign national holds a study permit > Collapse of the banking system in and has become temporarily destitute the home country through circumstances beyond their control and beyond the control of any > Other reasons may be accepted person on whom that person is based on the discretion of the dependent for the financial support to immigration officer complete their term of study. The legal basis for issuing a work permit in these circumstances comes from IRPR 208(a), which relates to humanitarian reasons for granting the right to work. To qualify for a work permit based on IRPR 208(a), otherwise known as a destitute student work permit, the student must prove that their financial difficulty is not of their own making or those they rely on for financial support. Officers can use their discretion when determining eligibility for a work permit through this pathway, but reasons like war, upheaval, or collapse of the banking system in the home country are some reasons that are acknowledged as being valid. Other, less obvious, reasons may qualify but require the applicant to prove the circumstances clearly. The supporting documents submitted with the application may be enough to convince an immigration officer, but the officer can request an interview. Applicants should be prepared to show that the financial support referenced in their initial study permit application was genuine and that the current financial situation could not have been foreseen. 48 A destitute student work permit application is exempt from processing and biometrics fees. There is no requirement for a Labour Market Impact Assessment (LMIA) (exemption code H81). The application for the destitute student open work permit is exempt from the mandatory online application requirement; it must be submitted to IRCC by mail on paper. 49  HOW TO APPLY Paper application Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker Document Checklist [IMM 5556] Explain why they cannot support themselves. The destitute student’s open work permit application is exempt from the mandatory online application requirement; it must be submitted to IRCC by mail, on paper, inside Canada. To apply, students must complete and sign the Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker form, along with the documents listed on the Document Checklist [IMM 5556]. They must submit proof of enrolment and transcripts, a photocopy of their passport, a photocopy of their study permit and a letter of explanation with supporting documents stating their situation and why they are unable to support themselves, such as circumstances due to war, upheaval or the collapse of the banking system in their home country, etc. Referring students in destitute situations to a qualified representative to prepare a strong and persuasive application would be advisable. 50  LIMITS TO DESTITUTE STUDENT WORK PERMIT > Typically, it is valid for the current academic term. > This could mean a validity of less than 4 months. > Work permits issued based on this regulation are “open”, but having a work permit does not guarantee employment. Getting a work permit through the rules in place for destitute students is not necessarily a solution for all students in financial difficulty. Immigration officers are instructed to, in cases where they decide to issue a work permit, do so for the remainder of the student’s current academic term and not the rest of the academic program or study permit. This means a work permit might be limited to fewer than 4 months. While a work permit issued under these rules is “open”, allowing it to be used at any employer not excluded by the conditions of the permit, having a work permit does not guarantee employment (especially when the eligible work period is so short). Students should also be informed that processing times may be lengthy, and their application is not guaranteed to be approved. Further, students can only begin working once they obtain the work permit; they do not have the authority to work in the same way that applying for a PGWP would confer work eligibility while a decision is pending. You can read more on the operational instructions for issuing destitute student work permits - 51 https://www.canada.ca/en/immigration-refugees-citizenship/corporate/ publications-manuals/operational-bulletins-manuals/temporary-residents/foreign- workers/humanitarian-reasons-r208.html 52  DESTITUTE: ACTIVE PURSUIT OF STUDIES Students who get a destitute work permit must continue to meet the conditions of their study permit. This can impact PGWP or study permit extension eligibility. A destitute student who is granted a work permit through this path must continue to meet the conditions of their study permit. This is even more important if they hope to eventually receive a Post-Graduation Work Permit (PGWP) or even to get an extension of their current study permit. If the student stops studying to work, the institution must authorize the break. If they drop to part-time status, they should be prepared to explain the change as part of a PGWP application. 53 KNOWLEDGE CHECK How long is a work permit issued through the destitute student rules (IRPR 208(a)) supposed to be valid for? A) The remainder of the current academic term B) The remainder of the academic program C) The remainder of the study permit validity 54 KNOWLEDGE CHECK – ANSWER A The remainder of the current academic term 55  POST-GRADUATION WORK PERMIT (PGWP) MODULE 17, SECTION 9 This section will review the post-graduation work permit or the PGWP for international students in Canada. 56  POST-GRADUATION WORK PERMIT (PGWP) > Open work permit for new foreign national graduates to work temporarily in Canada > Must have completed a program at a DLI > May help to qualify for permanent residence > Not all DLIs are eligible for post-graduation work permits Once an international student graduates from a program of studies at a DLI in Canada, they may be able to work temporarily in Canada. They will need a work permit to work in Canada after graduation. The experience gained while working may help them to qualify for permanent residence. Note that not all DLIs are eligible for post-graduation work permits. PGWP-eligible programs can be found here: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-ca nada/study-permit/prepare/designated-learning-institutions-list.html 57  LENGTH OF PGWP -8 months Not eligible for a PGWP 8+ months -2 years PGWP may be valid for up to the same length as the study program 2+ years PGWP may be More than one program - issued for 3 years both must be PGWP-eligible, and each must be at least 8 months in length The validity of the PGWP depends on the level of studies and the length of the applicant’s study program. For most programs (illustrated on this slide): If the student completes a program shorter than 8 months, they are not eligible for a PGWP program that is at least 8 month in duration but shorter than 2 years, they are eligible for a PGWP with a duration equal to the length of their program program that is 2 years or more in duration, they are eligible for a 3-year PGWP. If more than one program is completed, then students may be able to receive a PGWP for the combined length of each program if all programs are PGWP-eligible, at least 8 months in length and are completed within two years. The second program must be completed within two years of beginning the initial (first) program. Starting February 15, 2024, IRRC amended the duration of PGWPs for students who complete a master’s program. They can apply for a 3-year PGWP, even if the length of their master’s degree was less than 2 years, as long as students meet all other eligibility criteria. 58  PGWP AND PASSPORTS > PGWP will only be valid until the passport expiry date > IRCC will include a remark on the permit indicating it was issued until passport expiry POST-GRADUATION > Extensions need to be completed WORK PERMIT through paper applications E-EXEMPT > PGWP Extensions when a passport has expired. Passports must be valid for the entire time the PGWP is valid. If the applicant's passport expires earlier, then IRCC will issue a PGWP that expires when the passport expires. The permit typically includes a remark indicating that the permit was issued to passport expiry. Applicants can only extend a PGWP when the validity was shortened due to passport expiry. Once the PGWP holder obtains a new passport, they can apply for an extension and receive a new PGWP valid for the length they should have initially gotten based on the duration of the program of studies they completed. IRCC indicates that this application must be submitted by paper. This is due to a system limitation since the online application was not designed with this scenario in mind. However, in practice, if the applicant responds to the questions of the online eligibility questionnaire in the same way they did when they initially applied for their PGWP, they can trick the system into showing the correct application and document checklist. If students complete the application online and include a clear letter of explanation, they are often successful. 59  PGWP ELIGIBILITY Must apply within 180 days after Graduated from a public 01 the school issues confirmation of 05 post-secondary school, such as a completion. college, trade school, university, or CEGEP (in Quebec) Study permits must also have 02 been valid at some point during these 180 days. Or from a Canadian private school that can award degrees under provincial law Complete a study program at a Or a private post-secondary 03 DLI, at least 8 months long, and lead to a degree, diploma or school in Quebec that leads to a qualification certificate. Maintained full-time status as a 04 student (except final semester or during leave from studies). Students have 180 days after completing their studies to apply for a PGWP. Their study permit must also have been valid at some point during these 180 days. They can apply from inside or outside Canada (see below). In addition, they must have: completed a study program at a DLI that was at least 8 months long and led to a degree, diploma or certificate. maintained full-time status as a student in Canada during each semester of their study program (except the final semester, which can be part-time, or if took authorized leave from studies); and graduated from a: public post-secondary school, such as a college, trade/technical school, university, or CEGEP (in Quebec), or private post-secondary school (in Quebec) that operates under the same rules as public schools in Quebec, or private secondary or post-secondary school (in Quebec) that offers qualifying programs of 900 hours or longer that leads to a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP), or Canadian private schools that can award degrees under provincial law (for example, Associate, Bachelor’s, Master’s or Doctorate degree) but only if you’re enrolled in a study program that leads to a degree as authorized by the province. 60  PGWP INELIGIBILITY Received an Equal Opportunity 01 Already received a post-graduation work permit 06 Scholarship, Canada-Chile Participated in the Canada-China 02 Studied English or French as a second language 07 Scholars Exchange Program Took general interest or Participated in the Organization of 03 self-improvement courses 08 American States Fellowships Program Participated in the Government of Completed the majority of a study 04 Canada Awards Program funded by 09 program by distance learning Global Affairs Canada (GAC) Completed a study program at a 05 Had funding from GAC 10 non-Canadian institution located in Canada 11 Completed a course or program of study at a DLI that is not PGWP-eligible New graduates are not eligible for a PGWP if they: already received a post-graduation work permit; studied English or French as a second language; took general interest or self-improvement courses; participated in the Government of Canada Awards Program funded by Global Affairs Canada (GAC); had funding from GAC (with the exception of a Study in Canada Scholarship); received an Equal Opportunity Scholarship, Canada-Chile; participated in the Canada-China Scholars Exchanges Program; participated in the Organization of American States Fellowships Program; completed the majority of a study program by distance learning; or completed a study program at a non-Canadian institution located in Canada. completed a course or program of study at a DLI that is not PGWP-eligible. This includes programs delivered on behalf of a PGWP-eligible DLI through a curriculum licensing agreement (also known as public-private partnerships, or P3s). 61  APPLYING FOR THE PGWP Can apply from inside or outside of Canada as Document checklist: long as meeting eligibility requirements. 1. Application form: Applicants may apply for a PGWP from within Canada if their study permit is still valid or if Inside Canada: Application to Change they meet one of the other requirements of condition, Extend my Stay or Remain in section R199 (Work permits – Application Canada as a Worker [IMM 5710] after entry). Outside Canada: Application for a work permit made outside of Canada [IMM 1295] If their study permit has expired, they must either leave Canada or apply to restore their 2. Document stating program completion (final status as a student and apply for the PGWP. transcripts; confirmation of completion letter, notice of graduation) If the graduate has visitor status (applied for visitor record before study permit expiry), they 3. Photocopy of passport and study permit can apply “outside” of Canada while they physically remain in Canada. Recent graduates can apply for a PGWP from inside Canada or overseas if they meet the eligibility. For post-graduation work permit applications submitted from outside Canada, a TRV is issued upon approval of the post-graduation work permit, if applicable. (In-Canada applicants who require a TRV to enter Canada must apply separately for a TRV once they obtain their PGWP. A TRV is not issued upon approval of the application for a PGWP inside Canada.) Applicants may apply for a PGWP from within Canada if their study permit is still valid or if they meet one of the other requirements of section R199. Applicants whose study permit becomes invalid or expires before they apply for a PGWP are not eligible to work without a permit under paragraph R186(w) and must either leave Canada and apply for a PGWP from overseas or apply to restore their status as a student by applying for a PGWP with the correct fees ($255) and paying the fees to restore their status as a student ($229 restoration + $150 study permit = $379). Applicants must apply online and include the application form, transcripts and confirmation of completion, photocopy of passport and study permit (if applying from inside Canada) along with their processing fee and the open work permit holder fee 62 payment ($155 + $100, respectively). Note: Applicants may apply “outside” of Canada while they physically remain in Canada. They must maintain their status as a visitor until they receive the actual work permit. However, they are not eligible to work while waiting for a decision on their PGWP application as per paragraph R186(w). Applicants who submit an application before the expiry of their study permit can begin working full-time while IRCC processes their application if they meet the eligibility requirements of R186(w). 63  WHEN CAN A GRADUATE APPLY FOR THE PGWP? To apply for their PGWP, a student must have: an official letter from their school that confirms they’ve completed their study program an official transcript or a copy from the school’s student portal When a student can receive, confirmation of program completion varies per institution. Scenario: Juan submits his last required assignment on April 16. His study permit expires July 31. The institution provides a letter of completion informing Juan of his official graduation from his program on May 10. His convocation ceremony, where he will receive his degree, is on June 22. April 16 May 10 June 22 Apply for PGWP Juan may apply on May 10 because he has received his official documents from his school. Remember that the 180-day window that Juan has to apply for his PGWP starts on the day he receives confirmation of having met the requirements of his program of study, not when the convocation ceremony occurs. 64  WHEN CAN A GRADUATE WORK? While studying, Juan was eligible to work as per R186(f) and (v); therefore, he can continue working up to 20 hours a week off campus and/or unlimited hours on campus until he receives his letter of completion. As per R186(w), Juan is eligible to work full-time without a work permit while waiting for a decision on his PGWP application. Among other conditions listed in the PGWP PDI, he meets the criteria of holding a valid study permit when he applied for his PGWP. If Juan receives a decision on his work permit and it is refused, he must stop working immediately. April 16 May 10 July 31 Aug. 22 Eligible to continue Apply for PGWP Study permit PGWP Refusal working part time Eligible to begin expires Must stop off campus (R186(v) working full time Work eligibility working and unlimited hours while awaiting is maintained immediately on campus PGWP decision While studying, Juan was eligible to work as per R186(f) and (v); therefore, he can continue working up to 20 hours a week off campus and/or unlimited hours on campus until his program completion letter becomes available. As per R186(w), Juan is eligible to work full-time without a work permit while waiting for a decision on his PGWP application. Among other conditions listed in the PGWP PDI, he meets the criteria of holding a valid study permit when he applied for his PGWP. This authorization to work without a work permit continues after his study permit expires as long as he has not received a response from IRCC on his PGWP application. If Juan receives a decision on his work permit and it is refused, he must stop working immediately. If approved, he can continue working as authorized by his PGWP. 65  90-DAY WINDOW - STUDY PERMIT EXPIRY A study permit becomes invalid 90 days after the confirmation of program completion is issued, regardless of whether the expiry date printed on the permit is later. If a student cannot apply for the PGWP within 90 days of program completion or before their study permit expires (whichever occurs first), they must change their status to visitor and apply for a PGWP ‘outside’ of Canada while physically present in Canada or leave Canada and apply for a PGWP from outside of Canada. Scenario: Marina finishes her program on April 22 and receives her letter of completion on June 1. Her study permit expiry date is Nov. 30. April 22 June 1 August 29 Nov. 30 Last day of the Program completion Last day to apply for PGWP Study permit academic term letter issued. and be eligible to work expiry date Eligible apply for PGWP without a permit under R186(w) Section R222(1) of IRPR establishes that: 222 (1) A study permit becomes invalid upon the first to occur of the following days: (a) the day that is 90 days after the day on which the permit holder completes their studies, (b) the day on which the permit is cancelled under section 243.2; or (c) the day on which the permit expires. If a student doesn’t apply within 90 days of program completion, their study permit is no longer valid, and they cannot begin to work upon submission of the PGWP application pursuant to s. R186(w) of IRPR. In Marina’s scenario, she must apply for her PGWP before August 30 if she wants to benefit from R186(w) and be able to start working upon submission of her work permit application. Her permit becomes invalid on August 30, precisely 90 days after June 1. So, the last day to apply to be eligible to work without a permit under R186(w) is August 29. 66  180-DAY WINDOW – AFTER PROGRAM COMPLETION AND AFTER STUDY PERMIT EXPIRY An applicant has 180 days after they get their confirmation of completion to apply for a post-graduation work permit (PGWP). To be eligible, their study permit must have been valid at some point during the 180 days preceding the application. Scenario: Marina receives her letter of completion from her institution on June 1. Her study permit expires on July 31. June 1 July 31 Nov. 28 Jan. 27 Program completion Study permit 180 days from the date her 180 days from study letter issued. expiry date letter of completion was issued permit expiry date Marina must apply for her PGWP by Nov. 28 to apply 180 days from receiving her completion letter, while having a study permit valid within the past 180 days 67  180-DAY WINDOWS – AFTER PROGRAM COMPLETION AND AFTER STUDY PERMIT EXPIRY An applicant has 180 days after they get their confirmation of completion to apply for a post-graduation work permit (PGWP). To be eligible, their study permit must have been valid at some point during the 180 days preceding the application. Scenario: Yeonju receives her letter of completion from her institution on June 1. Her study permit expired on April 30. April 30 June 1 Oct. 27 Nov. 28 Study permit Program completion 180 days from study 180 days from the date expiry date letter issued. permit expiry date her letter of completion was issued Yeonju must apply for her PGWP by Oct 27 to apply within 180 days of receiving her completion letter, while having a study permit valid within the past 180 days. After reviewing these two possible scenarios, you can notice that students do not always have 180 days to apply for their PGWP after they have received their confirmation of program completion. Since they also need to have held a valid study permit within 180 days before applying for the PGWP, they would have a much shorter window to apply when their study permit expires prior to receiving their confirmation of completion. It is also important to note that in the case of students in the same situation as Yeonju, not having a valid study permit at the time of PGWP application means that they are not able to begin working upon submission of their PGWP application but must wait until they receive their work permit to start working. In a situation like Yeonju’s, it is essential to advise students to apply to extend their study permit well before it expires so that they can have a valid study permit when they receive their confirmation of program completion. 68  INTERIM WORK AUTHORIZATION IRCC automatically issues a letter indicating the authorization to work under paragraph R186(w). The letter has a 120-day validity from the date of receipt, which corresponds with IRCC’s service standard for in-Canada applications. The validity does not override the authorization given by s. 186(w) of IRPR. If 120 days have passed and a decision has not been received, the applicant may request another letter using the IRCC webform. When IRCC requests additional documents for the PGWP processing, they extend the authorization by another 120 days. When eligible graduates apply for their PGWP before their study permit expires, upon receipt of the application, IRCC automatically issues a letter (IMM 0127 E – WP-EXT for PGWP) indicating the authorization to work under paragraph R186(w). This letter is intended to make it easier for employers to understand that the PGWP applicant is authorized to work while their PGWP application is in process. It has a validity of 120 days but does not override the authorization given by R186(w). In cases where 120 days have passed and no decision has been rendered, the applicant may request continued proof of authorization to work using the IRCC web form. When IRCC requests additional documents for the PGWP processing, the officer issues another letter to extend the authorization by another 120 days or until a final decision is made, whichever comes first. 69  LEAVING CANADA CONSIDERATIONS The authorization to work and study without a permit under paragraph R186(u) or section R189 while pending a decision on an application ends on departure from Canada On the other hand, the authorization to work without a permit under paragraph R186(w) does not end on departure to Canada. A graduate who has applied for the PGWP while holding a valid study permit and meeting R186(w) requirements can continue working on re-entry to Canada. PGWP holders seeking to re-enter Canada must hold either a valid TRV or eTA as required, depending on their country of citizenship. The authorization to work and study without a permit on maintained status under paragraph R186(u) or section R189 while pending a decision on an application ends on departure from Canada. Applicants may be allowed to re-enter Canada as a temporary residents pending a decision on extending their study permit or work permit in Canada, provided they are temporary resident visa (TRV) exempt as per section R190 or hold a valid multiple-entry visa. However, they can only work or study once they receive their permit extension. On the other hand, the authorization to work without a permit under paragraph R186(w) does not end on departure from Canada. A graduate who has applied for the PGWP while holding a valid study permit and meeting R186(w) requirements can continue working on re-entry to Canada. PGWP applicants who leave and re-enter Canada before a decision is made on their application must have either a valid TRV when they are from a country whose nationals require a visa or eTA when they are from a country whose nationals are visa-exempt, and they are travelling to Canada by air. 70 LEAVING CANADA CONSIDERATIONS - SCENARIOS A graduate applies for PGWP from inside A Graduate applies for PGWP from inside Canada on May 10, and their study permit Canada on May 10, and their study permit expires on July 31. They are eligible to work expires July 31. They are eligible to work full-time as they meet the requirements. The full-time as they meet the requirements. The graduate leaves Canada and returns on July graduate leaves Canada and returns on 10. August 10. Graduate may re-enter (pending POE The graduate must have a valid entry examination with valid TRV or eTA) and document to enter Canada, if applicable. continue working full time pursuant to Graduate may re-enter (pending POE R186(w) even if the PGWP application examination with valid TRV or eTA) decision is not finalized. If their PGWP application has already been approved, they enter Canada as workers and can work authorized by their PGWP. If their PGWP application is still in process, they can enter as visitors and continue working full-time pursuant to R186(w). 71 LEAVING CANADA CONSIDERATIONS - SCENARIOS A graduate has a study permit that expires July A graduate has a study permit that expires July 31. They have not applied for a PGWP. The 31. They have not applied for a PGWP. The graduate leaves Canada in May and does not graduate leaves Canada in May and returns on plan to return until August. July 1. Graduates should apply for a PGWP outside of Graduates may return to Canada (pending POE Canada within 180 days of receiving their proof examination with valid TRV or eTA) and apply of completion from their institution, provided for their PGWP within Canada. If they apply they had a study permit valid within those 180 before July 31 (SP expiry), they can begin days. working upon submission of the PGWP application, provided they meet eligibility under IRCC will automatically issue TRV or eTA as R186(w) required upon approval of PGWP. If the graduate is TRV-exempt, they may apply for the PGWP at the port of entry. 72 ACCELERATED STUDIES If a student completes their studies in less time than the standard length of the program (accelerated studies), the PGWP should be assessed on the length of the program of study. 62 Accelerated studies are when a student completes their academic program in less time than the standard length of the program. In such a case, the PGWP would be assessed on the length of the program of study, not on how long it took the student to complete the program. For example, if a student is enrolled in a program of study that is usually 1 year in duration, but the student completes the requirements for the program of study within 8 months, they may be eligible for a post-graduation work permit that is valid for one year. 73  DISTANCE LEARNING 50%+ The program may be considered a distance-learning program, and the applicant is ineligible for a PGWP. total courses are completed by distance learning -50% The program is not considered a distance-learning program, and the applicant is eligible for a PGWP. total courses are completed by distance learning Students who complete a program of study exclusively by distance learning (online learning), outside or within Canada, are not eligible for a post-graduation work permit. Officers should use the following guidelines to assess an applicant's PGWP eligibility when the applicant has taken distance learning in Canada at an eligible DLI: If more than 50% of the program of study’s total courses are completed by distance learning, the program may reasonably be considered a distance-learning program, and the applicant is ineligible for a PGWP. If less than 50% of the program of study’s total courses are completed by distance learning, a PGWP may be issued. The validity should be based on the length of the program, as confirmed by the eligible DLI, including credits earned from both in-class and distance-learning courses. 74  SCHOOL TRANSFER > When transferring between eligible DLIs during one program of study, the combined length of study must be at least 8 months to qualify for a post-graduation work permit. > Graduating from an eligible DLI after having transferred from an ineligible institution, only the time spent at the eligible DLI counts toward the PGWP. There are instances where students will transfer between schools. It is essential to know that in cases where a student has transferred between eligible DLIs during one program of study, the combined length of study must be at least 8 months to qualify for a post-graduation work permit. When a student graduates from an eligible DLI after transferring from an ineligible institution, only time spent at the eligible DLI counts toward the post-graduation work permit issuance. Time spent at the eligible institution must be at least 8 months. Also note that some DLIs have matriculation agreements that permit a transfer of credits from one DLI to another (e.g., transferring from a private college to a public college). The student will be PGWP-eligible provided the DLI granting the certificate, diploma, or degree is an eligible institution and the applicant meets the PGWP eligibility requirements for that particular program. However, graduates are not eligible for the post-graduation work permit (PGWP) if they graduated from a private career college program delivered under a curriculum licensing agreement with a public PGWP-eligible institution in another province. 75 KNOWLEDGE CHECK When can a student not work full-time off campus? A. When the student has completed their program requirements but hasn’t received confirmation from their institution. B. When the student chooses to take courses during a scheduled break at their institution. C. Between the date when the student submits their PGWP application (while still holding a valid study permit) and when the application is finalized. 76  KNOWLEDGE CHECK – ANSWER A When the student has completed their program requirements but hasn’t received confirmation from their institution. The answer is “A": When the student has completed their program requirements but hasn’t received confirmation from their institution. Remember that this time is not considered a scheduled break, and the student can only work up to 20 hours per week if meeting eligibility requirements for off-campus work. 77 KNOWLEDGE CHECK Geeta studied at a DLI and graduated with a one-year certificate. Immediately after graduation, she continued to study and completed another one-year certificate at a different institution. What type of work permit would Geeta receive? 78  KNOWLEDGE CHECK – ANSWER Geeta would be eligible to get a three-year post-graduation work permit, which is an open work permit. This is because Geeta completed two PGWP-qualifying programs within 2 years and can stack the duration of both programs to calculate the PGWP validity. After completing two years of study, they can apply for a 3-year work permit. 79 KNOWLEDGE CHECK If more than one program is completed, then students may be able to receive a PGWP for the combined length of both programs if what of the following is true? A) PGWP eligible and at least one program is 8 months in length B) PGWP eligible and when combined, the programs are at least 8 months in length C) PGWP eligible, and both programs are at least 8 months in length each 80 KNOWLEDGE CHECK – ANSWER C If a student has completed more than one program, they may be eligible for a PGWP that combines the length of both programs if both programs are PGWP eligible and each program is at least 8 months in length. 81  EXAMPLE OF CASE LAW MODULE 17 - SECTION 10 In this section, we’ll review some case law that has influenced the way work permits are assessed by IRCC officers. 82  CASE LAW EXAMPLE - JUNEJA V. CANADA > Juneja v. Canada is an example that involved a student and looked at the definition of work > “work means an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market.” Juneja v. Canada is important because it clarifies how work should be defined. Siddharth Juneja filed an application for judicial review to set aside a decision of the Immigration Division of the IRCC in which he had been deemed inadmissible. While a post-secondary student in Alberta with only a study permit, Mr. Juneja had been spotted working at a Ford dealership in Edmonton. He was arrested for working without authorization, and an investigation was launched. The Board declared Mr. Juneja inadmissible and issued an exclusion order requiring him to leave