Improved rules for post-grad work permit applicants

By Victor Ing,
Special to The Post

 

In February 2019 Immigration, Refugees and Citizenship Canada (IRCC) issued new rules that govern how international students apply for post-graduation work permits (PGWPs). The new rules make it easier for international students to apply for PGWPs by extending the amount of time they have to apply, as well as making it clearer what they will need to qualify for a PGWP.

PGWPs are an integral part of Canada’s international student program because they offer a clear pathway to obtaining permanent residence to international students who wish to remain in Canada after completing their post-secondary studies. International students who work on PGWPs, which are open work permits, in skilled occupations in Canada will qualify to apply for permanent residence under the Canadian Experience Class and may also qualify under one or more provincial nominee program categories designed for international students.

While PGWPs have been an integral part of attracting international students to Canada, the rules that governed how to apply for them were not always favourable towards international students. Previously, international students had 90 days after completing their program of study to apply for their PGWPs and they must have held a valid study permit at the time of their PGWP application. The relatively short period of time to apply for the PGWP could have been problematic because many students were unclear when they became eligible to apply for a PGWP and in certain unique cases such as where the expiry date of a person’s study permit did not align with the completion of their program of study – this could happen, for instance, when a student’s passport expires before the end of the 90 day period to apply for a PGWP.

The new PGWP rules make it easier for international students to apply for PGWPs through the following changes:

1. International students now have 180 days to apply for a PGWP after completing their program of study. IRCC’s online instructions also provides clarification that the 180 days begin “after your school issues your final marks” and not at some later time such as your convocation ceremony.

2. International students no longer need to hold a valid study permit at the time of their PGWP application.

3. IRCC’s new instructions on applying for PGWPs makes it clearer to international students that in order to qualify for a PGWP they must have maintained full-time status as a student while in Canada, but also provides guidance that taking a leave of absence from school would be permissible if the leave was approved by the school and lasted no more than 150 days.

Practically speaking, the new PGWP rules alleviate the pressure on international students to apply for PGWPs as soon as possible. Many international students I have met have been studying in Canada for many years without returning home to see their families. Understandably, they are eager to go home after graduation but many were hesitant to do so without having already received the PGWP under the old rules. The new rules double the amount of time within which to apply for PGWPs and removes the requirement for having a valid study permit at the time of application. These are welcome changes to international students who in the past could have been refused a PGWP after many years of studies in Canada over small technical details and these efforts from IRCC continue to show that Canada places a high priority on attracting international students to study here and making it easy for them to remain in Canada after graduation.

 

Victor Ing is a lawyer of Sas & Ing Immigration Law Centre. He provides a full range of immigration services.

For more information go to canadian-visa-lawyer.com or email [email protected].

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