options for foreign students in canada-work permit and immigration

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Page 1: Options for foreign students in Canada-Work permit and Immigration

After study visa -WP & Immigration

Working while studying

R186(f) allows full­time post­secondary students to work without a work permit on the campus of theuniversity or college at which they are a full­ time student. This authorization is valid for the period for which theyhold a study permit at the institution and during which they are enrolled in full­time studies.

You may work on campus at the institution where you study without a work permit if:

you are a full­time student at: a public post­secondary institution, such as a college or university, or a collège d’enseignement

général et professionnel (CEGEP) in Quebec a private post­secondary institution that operates under the same rules and regulations as a

public institution, and receives at least 50 percent of its financing for its overall operations fromgovernment grants (currently only private college­level educational institutions in Quebec qualify)or

a Canadian private institution authorized by provincial statute to confer degrees and

you have a valid study permit

Definition of “on­campus”

“On­campus” is defined as employment facilities within the boundaries of the campus. The students are onlyallowed to work on the campus of the educational institution at which they are registered. If an institution hasmore than one campus, the student can work at different locations on those campuses provided they are within thesame municipality. If an institution has campuses in different cities, the student is restricted to working on theinstitution’s campus where they are registered as a full­time student There will be cases of students working oncampus as teaching or research assistants. In certain circumstances, the work to be performed will require thestudent to be located at a library, hospital, or research facility affiliated with the institution but located outside thephysical boundaries of the institution’s campus. This is allowable provided that the work being conducted isstrictly related to the student’s research grant. The employer can be the institution, faculty, student organization,the students themselves (self employment), private business, or private contractor providing services to theinstitution on the campus. Some universities and colleges located in city centres have campus grounds widelydispersed among general populated areas. This policy includes such employers, whose businesses serve thegeneral consuming public, as long as the place of business is technically located on the institution's campus.

Questions ? Please call Amarjot Singh 780-707-4831 www.immigrationteacher.org

Page 2: Options for foreign students in Canada-Work permit and Immigration

After study visa -WP & Immigration

Working off campus

The Off­Campus Work Permit Program allows certain foreign students to work off campus while completingtheir studies. To qualify, you must be a full­time student enrolled at a participating publicly fundedpost­secondary educational institution (after six months of full time study) or in an approved program at aneligible privately funded institution.

Participating publicly funded post­secondary educational institutions:

are public post­secondary institutions, such as a college or university or a collège d’enseignementgénéral et professionnel (CEGEP) in Quebec or

are private post­secondary institutions that operate under the same rules and regulations as publicinstitutions, and receive at least 50 percent of their financing for their overall operations from governmentgrants (currently only private college­level educational institutions in Quebec qualify) and

have signed an off­campus work agreement with their provincial or territorial government.

Eligible privately funded post­secondary institutions:

are located in a province or territory that has signed a memorandum of understanding with CIC have signed an off­campus work agreement with their provincial or territorial government and have approval from their provincial or territorial government to grant specific degrees.

The work permit authorizes you to work up to 20 hours per week during regular academic sessions, and fulltime during scheduled breaks (for example, winter and summer holidays, and spring break). These permitsare issued for the duration of study permits plus 90 days. Students who have completed their academicprogram requirements and who are within the 90­day transition period will still be considered eligible to workoff­campus, provided that they hold a valid study permit and a valid off­campus work permit. These studentscan work full­time.

If you are no longer a full­time student or do not maintain satisfactory academic results, you must return yourwork permit to a local Citizenship and Immigration Canada office.

Not eligible to apply for an Off­Campus Work Permit if you are:

participating in a Canadian Commonwealth Scholarship Program funded by Canada’s Department ofForeign Affairs and International Trade (DFAIT)

participating in a Government of Canada Awards Program funded by DFAIT receiving funding from the Canadian International Development Agency (CIDA)

Questions ? Please call Amarjot Singh 780-707-4831 www.immigrationteacher.org

Page 3: Options for foreign students in Canada-Work permit and Immigration

After study visa -WP & Immigration

participating in the Equal Opportunity Scholarship Program, Canada­Chile participating in the Canada­China Scholars Exchanges Program participating in the Organization of American States Fellowships Program attending a participating institution and registered in either an ESL or FSL or a visiting or exchange student. a student who has had a previous off campus work permit in the past.

Maintaining eligibility for Off campus work permit

To keep your work permit, you must remain a full­time student at a participating institution and continue toobtain satisfactory academic results. If you are no longer a full­time student, if you move to a non­participatinginstitution, or if you do not maintain satisfactory academic results, you must return your work permitimmediately to a local CIC office.

It is illegal for you to work in Canada with an invalid work permit. The work permit will be invalid if you do notmeet the eligibility requirements of the Off­Campus Work Permit Program.

If you return your work permit to a local CIC office because you have become ineligible for the program for anyof the reasons mentioned above, you may reapply to the program at a later date if you become eligible again.Ifyou do not return your work permit to a local CIC office, you will be found to be non­compliant. This could havea negative impact on your current stay in Canada, and any applications you make to come to Canada in thefuture.

Although there are no legal restrictions preventing students from working 20 hours per week on campus and 20hours per week off campus, students are discouraged from working more than a maximum of 20 hours perweek. They are also be reminded that they must be in full­time studies and maintain satisfactory academicstanding in order to remain eligible for the Program.

Starting a new program or level of study after completing a first program ?

If a student begins a new program or level of study within four months of completing a previousprogram they do not have to wait an additional six months to apply for an Off­Campus WorkPermit. They may apply for the Off Campus WP at the start of their second program and count their fulltime studies from the preceding program towards their application to work off­campus. Forexample, if a student completes a bachelor’s degree in April and starts a master’s degree inSeptember, they are eligible to apply for a permit as soon as they begin the master’s program aslong as no more than four months have passed.Transition from off­campus work permits to post­graduation work permits

Students can apply for a post­graduation work permit—a one­time opportunity—during the 90­day transition period on completion of their academic program if they fulfil all of the requirements

Questions ? Please call Amarjot Singh 780-707-4831 www.immigrationteacher.org

Page 4: Options for foreign students in Canada-Work permit and Immigration

After study visa -WP & Immigration

for the PG WP. Since the validity period of an off­campus work permit is usually the same as thestudent's study period (the duration of the academic program plus 90 days), they do not have tosurrender their off­campus work permit to apply. They can continue to work under the off­campuswork permit provided that they hold both a valid study permit and a valid off­campus work permit.Employment during this transition period can be full­time.

Work as a co–op student or intern

For some academic programs, work experience is part of the curriculum. Foreign students who wish toparticipate in a co­op or internship program must apply for a work permit as well as a study permit.

Determine your eligibility

To be eligible for a work permit, you must meet the following conditions:

You must have a valid study permit. Your intended employment must be an essential part of your program of study in Canada. Your employment must be part of your academic program, certified by a letter from a responsible

academic official of the institution. Your co­op or internship employment cannot form more than 50% (percent) of the total program of

study.

Post­graduation work permit ­ PGWPP

The PGWPP allows students who have graduated from a participating Canadian post­secondary institution togain valuable Canadian work experience. Skilled Canadian work experience gained through the PGWPP helpsgraduates qualify for permanent residence in Canada through the Canadian Experience Class (CEC).

A work permit under the PGWPP may be issued for the length of the study program, up to a maximum of threeyears. A post­graduation work permit cannot be valid for longer than the student’s study program, and the studyprogram must be a minimum of eight months in length. For example, if you graduate from a four­yeardegree program, you could be eligible for a three­year work permit if you meet the criteria. If yougraduate from an eight­month certificate program, you would be eligible for a work permit that is valid for nomore than eight months.

Questions ? Please call Amarjot Singh 780-707-4831 www.immigrationteacher.org

Page 5: Options for foreign students in Canada-Work permit and Immigration

After study visa -WP & Immigration

Determine your eligibility for— PGWPP

To obtain a work permit after your graduation, you must meet the following requirements:

You must have studied full time in Canada and you must have completed a program of study thatlasted at least eight months.

In addition, you must have graduated from: a public post­secondary institution, such as a college, trade/technical school, university or

CEGEP (in Quebec), or a private post­secondary institution that operates under the same rules and regulations as

public institutions, or a private secondary or post­secondary institution (in Quebec) offering qualifying programs of 900

hours or longer leading to a diplôme d’études professionnelles (DEP) or an attestation despécialisation professionnelle (ASP), or

a Canadian private institution authorized by provincial statute to confer degrees but only if youare enrolled in one of the programs of study leading to a degree as authorized by theprovince and not in all programs of study offered by the private institution.

You must apply for a work permit within 90 days of receiving written confirmation (for example, atranscript or an official letter) from your institution indicating that you have met the requirements forcompleting your academic program.

You must have completed and passed the program of study and received a notification that you areeligible to obtain your degree, diploma or certificate.

You must have a valid study permit when you apply for the work permit.

NOTE: If you have graduated from a vocational or professional training program at a public or private secondaryinstitution in Quebec, regulated by the Ministère de l'Éducation, du Loisir et du Sport (MELS), you may beeligible to apply for a Post­Graduation Work Permit. In addition, applicants must:

Be 18 years of age or older at the time of application Have a valid study permit when you apply for the work permit Have completed a full time program that lasted 900 hours or more (normally eight months in

length), leading to a Diplôme d’études professionnelles (DEP) or an Attestation de spécialisationprofessionnelle (ASP)

Apply for a work permit within 90 days of receiving written confirmation (for example, a transcriptor an official letter) from your institution indicating that you have met the requirements forcompleting your academic program

Provide a supporting letter from your institution outlining the duration of studies and the programcode

Impact of length of program of study in Canada and the length of the work permitA Post­Graduation Work Permit cannot be valid longer than the official length of your program of study in

Questions ? Please call Amarjot Singh 780-707-4831 www.immigrationteacher.org

Page 6: Options for foreign students in Canada-Work permit and Immigration

After study visa -WP & Immigration

Canada. For example, students graduating from a four­year degree program might be eligible for a three­yearyear work permit. Students graduating from an eight­month certificate program would only be eligible for a workpermit of eight months.

If the official length of your program of study is: less than eight months

you are not eligible for this program less than two years but more than eight months

you may get a work permit for a period no longer than the length of your program of study (forexample, if you studied for nine months, a work permit may be issued for a period of ninemonths)

two years or more a work permit may be issued for three years

You are not eligible for the Post­Graduation Work Permit Program if you:

study in a program that is less than eight months long participate in a Canadian Commonwealth Scholarship Program funded by the Department of Foreign

Affairs and International Trade (DFAIT) participate in a Government of Canada Awards Program funded by DFAIT receive funding from the Canadian International Development Agency (CIDA) participate in the Equal Opportunity Scholarship, Canada­Chile participate in the Canada­China Scholars Exchanges Program participate in the Organization of American States Fellowships Program participate in a distance learning program either from abroad or from within Canada or have previously been issued a Post­Graduation Work Permit following any other program of study.

Special cases of PG WP and Students of Flight Training

In cases where a student has transferred between educational institutions, the student must havegraduated from an institution described in the eligibility criteria above, and the combined time ininstitutions meeting these criteria must be at least eight months.

Flight instructors who meet either of the following criteria may be issued work permits under the C43 provision:

• The applicant has completed a flight­training course at a Canadian training centre and hasobtained a Canadian commercial pilot’s licence;• The applicant has obtained, or is in the process of obtaining, an instructor’s rating and hasreceived an offer of employment as a flight instructor from a flight training centre.

Note: This should not be the same school at which the applicant is trained.

Questions ? Please call Amarjot Singh 780-707-4831 www.immigrationteacher.org

Page 7: Options for foreign students in Canada-Work permit and Immigration

After study visa -WP & Immigration

Applicants providing either of the above documents may be issued an open work permit, valid forthree years, if the flight­training course was at least two years, or valid for the length of their flighttraining studies in Canada, if between eight months and two years. Flight training under eightmonths does not qualify a student for the work permit Any subsequent work permit request orapplication for extension must be supported by an HRSDC confirmation.

.

Your spouse/common­law partner can work while you study !

Your spouse or common­law partner may apply for a work permit if:

you are a full­time student at: a public post­secondary institution, such as a college or university or collège d’enseignement

général et professionnel (CEGEP) in Quebec a private post­secondary institution that operates under the same rules and regulations as a

public institution, and receives at least 50 percent of its financing for its overall operations fromgovernment grants (currently, only private college­level educational institutions in Quebec qualify)or

a Canadian private institution authorized by provincial statute to confer degrees you have a valid study permit

ValidityWork permits for your spouse or common­law partner are valid for the same period of time as your studypermit.

NAFTA Occupations

US and Mexican citizens can apply for work permit without LMO, within Canada if they receive a job offer underthe NAFTA 60 professional occupations

Student in good standing

CIC wants you to be a student in good standing in order for them to issue you these work permits.In order to beconsidered a student in good standing for CIC purposes, a foreign national must be registered in studies atan educational institution in Canada and be considered “in good standing” by that institution’s criteria, anddemonstrate progress in their program of study.

Questions ? Please call Amarjot Singh 780-707-4831 www.immigrationteacher.org

Page 8: Options for foreign students in Canada-Work permit and Immigration

After study visa -WP & Immigration

Each institution has its own definition of "good standing" which may include the following determinants: tuitionpaid, student enrolled, student passing classes with satisfactory results for the institution (this may be a passmark, but some programs require a higher level of achievement) or, student attending classes (although this isnot a requirement in many postsecondary institutions). Most institutions consider it a standard procedure toprovide a letter stating that a student is in good standing within the institution and/or within their program ofstudy.

Six Month ban for Issuance of study permit for Violating the law

If IRPA is violated, be prepared for a six month ban. The six­month ban applies to the issuance of a study permitwhen the work or study was unauthorized because the applicant did not comply with the following conditionsimposed on them:

• the times and periods of the work [R185(b)(iv)];• in the case of a member of a crew, the period within which they had to join the means oftransportation [R185(b)(v)];• area within which they were permitted to travel or prohibited from travelling in Canada[R185(d)];• times and places at which they must have reported for medical examination, surveillance ortreatment, or the presentation of evidence of compliance with applicable conditions related tomedical requirements [R185(e)(i) and R185(e)(ii)].

Please contact an Immigration lawyer or a consultant if any violation has taken place.

Applying for PR after Graduation

Canadian Experience Class

CEC is the flagship option for applicants who have at least one year work experience in Canada.You need to meet these requirements to apply under the Canadian Experience Class. You must:

plan to live outside the province of Quebec have at least 12 months of full­time (or an equal amount in part­time) skilled work experience in Canada

in the three years before you apply, have gained your experience in Canada with the proper authorization meet the required language levels needed for your job for each language ability (speaking, reading,

writing, and listening).

Questions ? Please call Amarjot Singh 780-707-4831 www.immigrationteacher.org

Page 9: Options for foreign students in Canada-Work permit and Immigration

After study visa -WP & Immigration

PhD eligibility stream—Federal skilled workers

As of November 5, 2011, international PhD students who wish to become permanent residents of Canada havebeen able to submit applications for processing as Federal Skilled Workers. To be eligible under the newstream, which is capped at 1,000 applications per year, applicants must have completed at least two years ofstudy toward the attainment of a PhD and remain in good academic standing at a provincially recognizedpost­secondary educational institution in Canada. Foreign nationals who have graduated from a Canadian PhDprogram within the preceding 12 months are also eligible. Note that PhD applicants must also meet all therequirements of the Federal Skilled Worker Program. This initiative will help Canada and Canadian universitiesto attract and retain top talent in a global economy. While PhD holders make up a small proportion of thepopulation, they play a unique and integral role in our nation’s economic health. Doctoral graduates driveresearch, encourage innovation and pass on their knowledge through teaching.

PNP Programs in Canada

Most provinces and territories in Canada have an agreement with the Government of Canada that allows themto nominate immigrants who wish to settle in that province or territory. If you choose to immigrate to Canada asa provincial nominee, you must first apply to the province or territory where you wish to settle and complete itsprovincial nomination process. The province/territory will consider your application based on its immigrationneeds and your genuine intention to settle there.

The provinces and territories below currently participate in the PNP. Since the criteria vary among the provincesand territories and can change without notice, you should visit their websites for the most current information.

Alberta British Columbia Manitoba New Brunswick Newfoundland and Labrador Northwest Territories Nova Scotia Ontario Prince Edward Island Saskatchewan Yukon

Questions ? Please call Amarjot Singh 780-707-4831 www.immigrationteacher.org

Page 10: Options for foreign students in Canada-Work permit and Immigration

After study visa -WP & Immigration

I am providing information here only for my home province ­ Alberta.

AINP­ Alberta Immigrant Nominee Program

Skilled worker or semi­skilled worker in a key in­demand occupation in AlbertaYou are a foreign worker who has been working full­time (min 2 years) in Alberta in an eligible, in­demandskilled occupation (NOC 0, A, B) or semi­skilled occupation (NOC C). Alberta Work Experience Categoryavailable to November 28, 2013.

Skilled workerYou are a foreign worker and have a permanent, full­time job offer from an Alberta employer in a skilledoccupation (NOC 0, A, B) : Skilled Worker Category

International graduateYou are a recent graduate from a Canadian post­secondary institution and have a permanent, full­time job offerfrom an Alberta employer in a skilled occupation (NOC 0, A, B) : International Graduate Category

Semi­skilled workerYou are a foreign worker and have a permanent, full­time job offer from an Alberta employer in an eligiblesemi­skilled occupation (NOC C or D).: Semi­Skilled Worker Category

Please note: only select occupations from the following industries are eligible: Food and beverage processing industry Hotel and lodging industry:

Food and beverage servers and room attendants Front desk agent/clerk

Manufacturing industry Long­Haul and Heavy Haul Trucking industry Food services industry (pilot project)

TradespersonCompulsory and Optional Trades Category You are a tradesperson who has an Alberta QC.

Questions ? Please call Amarjot Singh 780-707-4831 www.immigrationteacher.org

Page 11: Options for foreign students in Canada-Work permit and Immigration

After study visa -WP & Immigration

EngineerYou are an engineer, designer or drafter with Alberta work experience.: Engineering Occupations Category

More immigration options­ Federal Category

1. Family Sponsorship2. Federal Skill Class­ The point system3. Business Immigration.a. Got a business idea ? Start­up visab. Self­employed persons

Questions ? Please call Amarjot Singh 780-707-4831 www.immigrationteacher.org