Study Permits: Off-Campus Work

April 16, 2018 nkic

Eligibility requirements

International students can work off campus without a permit, provided that all of the following statements are true:

they hold a valid study permit
they are full-time students enrolled at a designated learning institution (DLI)
the program in which they are enrolled is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary level offered in Quebec
the program of study is at least 6 months in duration and leads to a degree, diploma or certificate

Note: The eligibility requirements for the Post-Graduation Work Permit Program (PGWPP) differ from off-campus work eligibility requirements. Please see the PGWPP page for more information.

Definitions

Academic program: A post-secondary program that awards academic credentials to persons for whom the normal entrance requirement is high school completion or higher. This program is often delivered at institutions that award an academic degree, diploma or certificate, such as any of the following:
- universities
- colleges
- CEGEPs
- seminaries
- institutes of technology
Professional training: A type of training usually offered to a person who is already a professional in a given field. Professional development is generally “accredited”; that is, it is recognized by an industry, association or profession. Professional training can be offered by learning institutions or professional associations, regulatory bodies or unions (for example, real estate appraisal, production and inventory control, food services management or specialty courses for lawyers, doctors, accountants, business administrators, engineers, dentists, teachers and counsellors).
Vocational training: A preparation for a specific occupation in an industry or a trade that is generally “accredited”. It may be offered through on-the-job programs, by unions in conjunction with businesses or employers or by learning institutions in conjunction with a specific industry or employer. This training may include any of the following:
- technical training
- organizational training
- basic skills training
Regularly scheduled break: To be considered a regularly scheduled break, the break must be part of the DLI’s academic calendar (for instance, winter and summer holidays, Reading Week). Each regularly scheduled break should not be longer than 150 days. The maximum cumulative duration of scheduled breaks is 180 days per calendar year.
Off campus: Any location outside the boundaries of the campus of the educational institution at which the student is registered.

Ineligible programs of study

Students are not eligible for the off-campus work permit program if either of the following applies:

they are registered in a general interest program of study that does not meet the definition of an academic, professional or vocational training program as defined above (for instance, ESL/FSL courses for self-improvement)
they are undertaking a course or program of study that is a prerequisite to their enrolment at a DLI

Note: Students who are enrolled in a program of study that meets the definition of an academic, professional or vocational training program and who are undertaking the ESL/FSL component simultaneously may be eligible to work off campus pursuant to paragraph R186(v) of the Immigration and Refugee Protection Regulations (IRPR).

Full-time status

DLIs set the number of hours and credits toward a degree, diploma or certificate that are required for a student to hold full-time status. Officers will defer to DLIs on the determination of a student’s status.

Students must stop working off campus as soon as their full-time status becomes part-time during a regular academic session (for instance, a student may begin a regular academic session on a full-time basis and become part-time during the same session as they drop courses). In this case, they are no longer authorized to undertake off-campus work.

Co-op students

If the DLI considers a co-op student with a co-op work permit to have full-time status during the “work experience” portion of their program, and if the student continues to comply with the eligibility requirements under the co-op work permit program, the student may be eligible to work off campus, pursuant to paragraph R186(v), on top of their co-op work hours.

Conditions for work

Maximum working hours permitted

Students eligible to work under paragraph R186(v) can do the following:

work up to 20 hours per week during academic sessions once they have commenced their program of study
work full time during regularly scheduled breaks between academic sessions regardless of their course load

Students may not work until they have commenced their program of study. They must actually commence studies in Canada at a DLI before being eligible to work off campus.

Intensive programs

Some intensive programs may not have regularly scheduled breaks. Students participating in such programs may work a maximum of 20 hours per week during the entire program of study.

Full-time students with a part-time course load in their final academic session

Students who have maintained full-time status for the duration of their program of study, and who only require a part-time course load in their final academic session in order to complete their program of study, may work off campus up to 20 hours per week during their final academic session.

Working on campus in addition to working off campus

There are no restrictions on the number of hours students can work on campus [as per R186(f)] in addition to working off campus, provided they continue to meet the applicable eligibility requirements.

Regularly scheduled breaks

In order to work off campus without a work permit under paragraph R186(v), students must hold full-time status during the academic session before and after their regularly scheduled break. See the regularly scheduled break section under Definitions.

Maximum duration of a regularly scheduled break

If an institution allows for back-to-back scheduled breaks, thus creating a break period longer than 150 consecutive days, students are only eligible to work off campus during the first 150 consecutive days. They cannot work for the entire break if it is longer than 150 consecutive days.

Taking into account all regularly scheduled breaks, students may only work off campus on a full-time basis for a total of 180 days during each calendar year.

Full-time or part-time course load during a regularly scheduled break

Students who are enrolled full time during the academic sessions before and after a regularly scheduled break and who decide to undertake a full-time or part-time course load during that regularly scheduled break are eligible to work off campus on a full-time basis. If a program of study does not provide for a regularly scheduled break and a student creates their own break in a program, it is considered a leave from studies, rather than a regularly scheduled break. Students who create their own break in a program are not eligible to work on or off campus during that break.

Labour actions

International students who are unable to fulfil their conditions as temporary residents due to circumstances entirely beyond their control (for instance, a school strike) during a regular academic session can, if they are eligible, still only work part time (up to 20 hours a week) off campus. In the event that a DLI goes on strike during a regularly scheduled break, international students who are eligible to work off campus may work full time only during the period that constitutes the regularly scheduled break.

Off-campus work and completion of a program of studies

Students who have not applied for a subsequent study or work permit or a program of study

Students may work off campus on a part-time basis if the following applies:

they meet the eligibility criteria to work off campus [R186(v)]
they have completed the final academic requirements for their program of study but have not yet received written confirmation of program completion from their institution (for instance, a transcript, an official letter or an email)
they have not applied for a work permit (for instance, a post-graduation work permit or a work permit with a valid Labour Market Impact Assessment) or a study permit extension or enrolled in a subsequent program of study

They may work until the first date they receive written confirmation of program completion from their educational institution (for instance, an email, a letter, a transcript or a diploma), provided their study permit remains valid during this period. If the study permit becomes invalid [as per R222] before the student receives the notification of program completion from their institution, the student must cease working the day the study permit becomes invalid.

Once a student receives written confirmation of program completion from their institution, they are no longer authorized to continue to work in Canada, as they no longer meet the eligibility criteria in paragraph R186(v). They should apply to change their status (for instance, to visitor status) or leave Canada before their study permit becomes invalid as per section R222.

Students who have completed a program of study and will be starting a new program of study within 150 days of receiving a written confirmation of program completion from their current institution

Students may work off campus on a full-time basis until the start of their new program if the following applies:

they meet the eligibility criteria to work off campus [R186(v)]
they have received written confirmation of program completion from their current institution (for instance, a transcript or an official letter)
they have submitted an application to change conditions, extend their stay or remain in Canada as a student before their current study permit expired, or they still have a valid study permit
they have been issued a letter of acceptance to a subsequent program of full-time study at a DLI and will be starting the new program within 150 calendar days of receiving a notification of program completion from their current institution

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 then either apply to change their status (for instance, change it into visitor status) or leave Canada until their new program commences.

Students who have applied to extend their stay in Canada as a student are required to cease working if their study permit application is refused.

Reminder: When students transfer from one DLI to another, they must update their DLI number in their My Account immediately. When students transfer from one program of study to another at the same DLI, they are not required to notify Immigration, Refugees and Citizenship Canada.

Non-compliance

Non-compliance with study permit conditions or the act of working without authorization may result in enforcement action. It may also negatively affect future applications made under the Immigration and Refugee Protection Act and the IRPR. For example, a subsequent study permit or work permit may not be issued

Please Contact Us for more information.

Family Class, News

Updated Application Kit for Spousal Sponsorship

February 22, 2018 nkic

Family reunification is a key immigration priority for the Government of Canada, and IRCC continues to improve the processes and procedures to help families reunite in Canada more quickly and easily.

That’s why they have now once again updated the guides and checklists, as well as some procedures, for the spousal sponsorship program. The changes reflect the Department’s ongoing commitment to respond to clients’ needs and make improvements to client service and program delivery where possible.

Since launching the spousal application package in December 2016, IRCC has been listening to your feedback. Based on what they heard, they have further improved the:

Basic Guide,
Complete Guide,
Document checklists (one each for spouse, common-law partner, conjugal partner, and dependent child), and
Order in which certain required documents must be submitted to us.

Notably, spousal applicants will now be asked to submit their Schedule A – Background/Declaration (IMM 5669) form and police certificates as part of their initial paper application package, instead of later in the application process, as was previously required. This will help us process applications even more quickly and efficiently and avoid unnecessary delays.

Applicants are still encouraged to link their applications to an online account to communicate quickly and securely with us, get medical instructions as soon as they are issued, receive and respond to request letters quickly, and get application updates online. However, this can be done at any time during the processing of the application.

The checklists and guides replace the ones that were made available on this website in June 2017 (and which received a minor update in October 2017 to reflect the change to the age limit for dependent children).

Although IRCC has changed the checklists and the placement of some forms within the application process, the forms themselves have not changed as part of this update.

If you have been filling out an application using the previous version of the checklists (identified in the bottom left hand corner by version code 10-2017), IRCC will still accept your application using that previous version until March 15, 2018. However, they encourage you to use the new checklist, guides and processes right away.

Please Contact Us form further information.

Family Class, News

Spouses Being Reunited More Quickly in Canada

February 22, 2018 nkic

Sponsorship process improvements have led to backlog reduction and shorter processing times.

Over the past year, the Government of Canada has made significant improvements to the spousal sponsorship process, making it faster and easier for Canadians and permanent residents to reunite with their spouses.

In December 2016, Immigration, Refugees and Citizenship Canada (IRCC) announced that it would reduce the backlog of spousal applicants by 80% and shorten processing times to 12 months. It also announced improvements to the spousal sponsorship application process to make it more efficient and easier to navigate.

Today, the Honourable Ahmed Hussen, Minister of Immigration, Refugees and Citizenship (IRCC), announced that the government has successfully met these commitments:

More than 80% of those who were in the global spousal sponsorship backlog on December 7, 2016, have now received final decisions for their applications. We reduced the spousal inventory from 75,000 persons to 15,000 as of December 31, 2017.
As of December 31, 2017, we met our commitment to process 80% of spousal applications that were received in December 2016.

In addition, after introducing a new spousal sponsorship application package in December 2016, IRCC continued to respond to client and stakeholder feedback to further improve the application process, and make it simpler and easier for sponsors and applicants to understand and navigate. As a result, we made a number of improvements to the application package in June 2017. And today, IRCC introduced further updates to the application kit and process to improve the client experience and make sure we can process applications as quickly as possible.

Quick Facts

To bring families together, IRCC plans to welcome 66,000 spouses and dependants in 2018, well above the average over the past decade of about 47,000.

Please Contact Us for Further information.

Canadian Temporary Visitors, News

Temporary Residents: Examination and Admission at the Port of Entry

February 22, 2018 nkic

Process at the port of entry (POE)

Canada Border Services Agency (CBSA) officers must be satisfied that all admissibility requirements have been met before admitting a foreign national.

Step 1

The foreign national arrives at a POE and is examined at the primary inspection line (PIL) by a CBSA officer.

If the CBSA officer determines that the foreign national requires further examination, then the foreign national is referred for a secondary examination.
If the CBSA officer is satisfied that the foreign national meets the admissibility requirements, then the foreign national is allowed to enter Canada.

Note: At some remote border crossings or airports, it may be necessary for the person to be directed to a local Immigration, Refugees and Citizenship Canada office.

Step 2

At the immigration secondary, the officer interviews the foreign national to determine if the person is admissible to Canada:

If the person is admissible, then the officer may either

stamp the subject’s passport (if applicable); or
issue a visitor record.

The officer may also request that a security bond be posted to ensure the person complies with the terms and conditions imposed.

If the person is inadmissible, then the officer may

write a report under subsection 44(1) of the Immigration and Refugee Protection Act (IRPA) outlining the allegations of inadmissibility and forward it to a Minister’s delegate; or
allow the person to withdraw their application and leave Canada.

If the person is admissible, the officer stamps the person’s passport (if applicable) and may issue a visitor record with conditions.

If the person is inadmissible, the officer drafts a report outlining the allegations of inadmissibility and forwards it to a Minister’s delegate.

Step 3

If the officer opts to write a subsection A44(1) report, that officer will forward it to a Minister’s delegate for review.

Step 4

A Minister’s delegate reviews the report of alleged inadmissibility.

If the report is valid, then the Minister’s delegate upholds the report and decides on the disposition of the case.

The disposition depends on the allegations and circumstances of each case and may include

referring the case to an admissibility hearing;
allowing the person to leave Canada;
issuing a temporary resident permit (TRP); or
issuing an exclusion order.

The officer decides whether or not detention is warranted.

If the report is not valid, then the Minister’s delegate overturns the report and admits the person to Canada.

Length of admissions

An officer at the POE will determine the length of time that a temporary resident may remain in Canada.

Note: In general, stamps issued by CBSA officers at the POE are valid for a period of 6 months from the date of entry.

If a handwritten date has been placed under the stamp, the period of authorized stay expires on that date.

For example, for parents and grandparents who possess the super visa temporary resident visa or letter, CBSA officers will handwrite a date that is 2 years from the date of entry on their initial visit only.

Learn more about duration of visits.

Conditions

Officers at the POE may impose prescribed conditions on a temporary resident at the time of admission.

Conditions are imposed to ensure that the foreign national adheres to the period and purpose for which they sought entry and to make them aware of the need for formal authorization before extending that period or varying the purpose of their stay.

Section 183 of the Immigration and Refugee Protection Regulations outlines the following conditions imposed on every temporary resident:
- may not engage in work without authorization;
- may not engage in studies without authorization; and
- must leave Canada by the end of the period authorized for their stay.
Section R184 lists specific conditions imposed on members of a crew.
Section R185 states that an officer may impose, vary or cancel conditions.

Once admitted, temporary residents may apply to

change their conditions;
change their status; and
extend their status.

Please Contact Us for further information.

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