Avoiding Immigration Pitfalls for International Students in Canada

Fall is just around the corner, and that means it’s back-to-school season for students. Each year, we see many students make unfortunate mistakes that can affect their ability to qualify for work permits and permanent residence. Here are some common pitfalls to avoid:

1. How Does Studying Part-Time or Taking a Leave of Absence Affect PGWP Eligibility?

Life happens, and students often want to take a break from a full course load. However, the immigration consequences of becoming a part-time student or taking a leave of absence can be devastating. Consider the following:

What Are the PGWP Full-Time Study Requirements?

To qualify for a PGWP, students must maintain full-time status during every semester of their studies, except for their final semester, scheduled breaks, or periods of authorized leave. If you must take a break, seek legal advice and have a proper plan in place beforehand to determine how you can maintain your PGWP eligibility.

Can Part-Time Students Work Off Campus in Canada?

Students are generally not authorized to work off campus while studying part-time, except during their final semester or scheduled breaks.

What Happens If You Lose Your Student Status Before Finishing Your Program?

Students who stop studying before completing their program lose their student status on the date they cease studying, even if their study permit remains valid for a longer period. The timelines for extending or restoring status are very strict. If you miss these deadlines, you may need to leave Canada before applying for another study permit or work permit.

2. What Are the Rules for International Students Working Without Authorization?

IRCC rules regarding when students are authorized to work and the number of hours they may work are very strict. Working without authorization can render a person inadmissible and may prevent an officer from issuing a work permit for six months following the unauthorized employment. The following are some general rules to keep in mind:

How Many Hours Can International Students Work in Canada?

It is well known that students with valid study permits may work off campus for up to 24 hours per week during academic sessions and full time during scheduled breaks. Students may also work full time on campus and, in certain circumstances, for employers outside Canada. Keep in mind that students must be enrolled as full-time students to benefit from these work authorizations.

Can You Work Before Applying for a PGWP?

Once a student receives the first indication that they have completed their program, they are no longer considered a student and must stop working at that time. If they apply for a work permit within the required timeframe and under the appropriate circumstances (see Point 3 below), they may be able to work full time while awaiting a decision on their application.

3. When Should International Students Apply for a PGWP?

Although the IRCC website states that students may apply for a PGWP within 180 days of completing their studies, different rules apply to a student’s ability to work while waiting for the PGWP to be issued:

What Is the PGWP Application Deadline to Keep Working Legally?

To qualify for a PGWP and to work while awaiting a decision, an individual must hold a valid study permit. For most individuals, this means applying within 90 days of completing their studies, as student status expires after that period. In addition, they must hold a valid study permit (not just maintained status) on the date they submit their PGWP application from within Canada in order to continue working while awaiting a decision.

Does a WP-EXT Letter Authorize You to Work in Canada?

Contrary to popular belief, the WP-EXT letter often issued by IRCC after a work permit application is submitted does not grant temporary status or authorize a student to work while awaiting a decision. An individual is authorized to work only if they meet the conditions set out in the Immigration and Refugee Protection Regulations (IRPR). If those conditions are met, they may continue working until a decision is made on the application.

If the application remains outstanding after the date indicated on the WP-EXT letter, the individual may still continue working until a decision is issued. Conversely, if the individual was not authorized to work under the IRPR, they will have worked without authorization even if they received a WP-EXT letter.

For more information, see our video here.

Free Immigration Webinars for Schools and Student Groups

We work with many universities, colleges, and student groups to provide webinars to students to explain the rules around studying, working, and obtaining permanent residence. If you’d like us to provide a webinar free of charge to your organization, send us an email at elong@lmlawgroup.com.

The laws governing international students are constantly changing and can be very confusing. To book a consultation regarding your situation, email us at inquiries@lmlawgroup.com.