Tag Archives: NKIC News Letter – March 2019

News, Study in Canada

Post-Graduation Work Permit Program (PGWPP)

The PGWPP allows students who have graduated from eligible Canadian designated learning institutions to obtain an open work permit to gain valuable Canadian work experience. Skilled Canadian work experience in the national occupational code A, O or B that is gained through the PGWPP helps graduates qualify for permanent residence in Canada through the Canadian experience class, within Express Entry.

Post-graduation work permits are exempt from Labour Market Impact Assessments. They are considered open and coded as C43.

With a post-graduation work permit, as with all open work permits, graduates can

  • work full time
  • work part time
  • be self-employed

Post-graduation work permit validity

A post-graduation work permit may be issued based on the length of the study program for a minimum of 8 months up to a maximum of 3 years.

When determining the length of a post-graduation work permit, officers may consider the duration of the program of study in Canada and confirm it with supporting documents. Regularly scheduled breaks (for example, scheduled winter and summer breaks) should be included in the time accumulated toward the length of the post-graduation work permit.

Determining the length of the post-graduation work permit

The validity period of the post-graduation work permit may not go beyond the applicant’s passport validity date. If the applicant’s passport expires before the validity period of the post-graduation work permit, the officer should note this reason in the “Notes” box, in the Global Case Management System. The post-graduation work permit applicant then has to apply for a work permit extension upon the renewal of their passport to receive the full validity of their post-graduation work permit.

Post-graduation work permits can be extended only when the length of the permit could not be provided at the time of the application, due to the expiry date of the applicant’s passport.

Transfers between educational institutions

In cases where a student has transferred between eligible Canadian DLIs, the combined length of study must be at least 8 months to qualify for a post-graduation work permit.

In cases where a student graduated from an eligible DLI after having transferred from an ineligible institution, only time spent at the eligible DLI counts as eligible for post-graduation work permit issuance. Time spent at the eligible institution must be at least 8 months.

Programs with an overseas component

If a student completes a program of study in Canada that has an overseas component, they are eligible for the PGWPP, as long as they earn a Canadian educational credential from an eligible DLI. However, the length of the post-graduation work permit is based on the length of time they studied in Canada. Officers may contact the DLI to confirm that the studies have taken place in Canada.

Making an application

Applicants must apply for a work permit within 180 days of receiving written confirmation (such as an official letter or transcript) from the educational institution indicating that they have met the requirements for completing their program of study. Calculation of 180 days begins the day the student’s final marks are issued or the day formal written notification of program completion is received, whichever comes first. The onus is on the applicant to provide proof of the date the transcript is received. Officers may also confirm this date with the educational institution.

The applicant may apply for a post-graduation work permit from within Canada if their study permit is still valid. If the applicant’s study permit is no longer valid, and they wish to remain in Canada, they must apply for visitor status before their study permit expires.

Former international students who change their status to visitor status before their study permit expires, while waiting for their notice of graduation from their institution, may also apply for a post-graduation work permit from within Canada.

Foreign nationals who do not apply for a post-graduation work permit, and whose study permit becomes invalid or expires, must either leave Canada or submit an application to change their status in Canada. They may also be subject to Restoration of temporary resident status.

Foreign nationals may apply for a post-graduation work permit from overseas.

Work authorization after submitting a post-graduation work permit application

Graduates who apply for a work permit, such as a post-graduation work permit, before the expiry of their study permit are eligible to work full time without a work permit while waiting for a decision on their application if all of the following apply:

  • They are or were the holders of a valid study permit at the time of the post-graduation work permit application.
  • They have completed their program of study.
  • They met the requirements for working off campus without a work permit under paragraph R186(v) (that is, they were a full-time student enrolled at a DLI in a post-secondary academic, vocational or professional training program of at least 6 months in duration that led to a degree, diploma or certificate).
  • They did not exceed the allowable hours of work under paragraph R186(v).

Spouses and common-law partners of post-graduation work permit holders

Spouses and common-law partners of post-graduation work permit holders may be eligible to apply for an open work permit under the C41 exemption.

Please Contact Us for more information.

Canadian Immigration, News

Interim Pathway for Caregivers

The Interim Pathway for Caregivers is a short-term, 3-month economic pathway for caregivers who come to Canada, and who may expect to qualify for permanent residence, but who do not qualify under existing caregiver pathways.

To be eligible, caregivers have to meet all the following conditions:

  • At the time of application, they are authorized to work in Canada on a work permit other than a Live-in Caregiver Program work permit.
  • They intend to reside in a province or territory other than Quebec.
  • Since November 30, 2014, they have acquired at least 1 year of full-time Canadian work experience in an eligible caregiver occupation (that is, National Occupational Classification [NOC] 4411 and NOC 4412 for occupations other than housekeeper).
  • They meet the minimum education requirement.
  • They meet the minimum language proficiency requirement

Eligibility Criteria and Conditions

This public policy applies to foreign nationals who meet the following criteria:

  1. At the time of application:
    1. is authorized to work in Canada on a work permit other than a Live-in Caregiver Program work permit;
    2. is authorized to work without a work permit pursuant to subsection 186(u) of the Immigration and Refugee Protection Regulations, if they have applied for a renewal of a work permit other than a Live-in Caregiver Program work permit; or,
    3. has applied and is eligible for restoration of status, and held a work permit other than a Live-in Caregiver Program work permit as their most recent work permit.
  2. Intends to reside in a province or territory other than Quebec.
  3. Has obtained:
    1. a completed Canadian educational credential of at least a secondary school diploma; or,
    2. a foreign diploma, certificate or credential, along with an equivalency assessment — issued within five years before the date of application— that indicates that the foreign diploma, certificate or credential is equivalent to a completed Canadian secondary school diploma.
  4. Has attained a level of proficiency of at least benchmark 5 in either official language for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, as demonstrated by the results of an evaluation designated by the Minister — that must be less than two years old on that date — by an organization or institution designated by the Minister for the purpose of evaluating language proficiency under subsection 74(3) of the Regulations.
  5. Since November 30, 2014, has acquired one year of authorized full-time Canadian work experienceF on a Temporary Foreign Worker Program work permit in any combination of the following eligible occupations:
    1. a home child care provider within the meaning of that occupation as set out in the National Occupational Classification for unit group 4411, other than any experience as a foster parent;
    2. a home support worker or related occupation, but not a housekeeper, within the meaning of that occupation as set out in the National Occupational Classification for unit group 4412, including the occupations — other than housekeeper — listed under that unit group as example titles.
  6. Is not otherwise inadmissible.
  7. Meets all other statutory and regulatory requirements applicable to foreign nationals seeking to obtain permanent resident status in Canada, with the exception of the requirement to belong to a class.

Start and End dates

This public policy comes into effect on March 4, 2019 and expires on June 4, 2019. Applications received during this time period will continue to be processed until all applications are finalized.

Please Contact Us for more information.

Canada Border Services Agency - CBSA, Immigration, Refugees, and Citizenship Canada - IRCC, News

New Entry/Exit Program instructions

February 25, 2019

As part of the Perimeter Security and Economic Competitiveness Action Plan with the United States (U.S.), the Government of Canada committed to the Entry/Exit Initiative to collect entry and exit information on travellers entering and departing from Canada.

IRCC will use the information to support the administration of the Immigration and Refugee Protection Act (IRPA), the Citizenship Act and the Canadian Passport Order.

Bill C 21, which allows the Canada Border Services Agency (CBSA) to systematically collect and share routine biographical information on all travellers, including Canadian citizens, received Royal Assent on December 13, 2018. Regulations are expected to come into force by June 2019 for land and June 2020 for air.

Entry/Exit Program

The Entry/Exit Program allows for the collection and sharing of entry and exit information of travellers entering and departing from Canada. Access to entry and exit information in the Global Case Management System (GCMS) will be based on an employee’s security clearance and organizational requirements to carry out day-to-day work activities.

IRCC will obtain accurate and objective entry and exit information from the Canada Border Services Agency (CBSA) to support the administration of the Immigration and Refugee Protection Act, the Citizenship Act and the Canadian Passport Order.

IRCC will be able to query the CBSA’s Entry/Exit Information System directly to

  • verify residency requirements to process an ongoing application to objectively verify the information provided by the client, such as applications for grants of citizenship (CIT) or permanent resident cards (PR cards)
  • verify if a temporary residence applicant may have previously overstayed their allowable period of admission in Canada
  • assist in an investigation into an individual’s entitlement to a Canadian travel document

In addition, IRCC will be able to use entry and exit information to

  • verify that sponsors are residing in Canada where required by law
  • verify relationships and compliance with conditions for spouses and partners applying or admitted under the family class
  • verify if a refugee claimant entered Canada using their travel documents
  • support investigations into possible fraud in relation to immigration, citizenship, and passport (PPT) and travel document programs
  • verify residency requirements to validate if a medical examination is required

Entry/Exit use by line of business (LOB)

The entry and exit information will be used for the following application types across all LOBs at IRCC. Officials are to refer to the chart above for data availability timelines, as all LOBs will be implicated differently.

  • Temporary residence
  • Permanent residence
  • Citizenship
  • Passport

Temporary residence

The following temporary residence application types can use entry and exit data:

  • temporary resident visas
  • temporary resident permits
  • visitor records
  • work permits and work permit extensions
  • study permits and study permit extensions
  • electronic travel authorizations (eTAs)

Entry and exit data can be used to identify if a foreign national has previously exceeded their authorized period of stay in Canada.

Permanent residence

The following permanent residence application types can use entry and exit data:

  • PR cards
  • permanent resident travel documents
  • overseas refugee applications
  • family class sponsorships

Entry and exit data will be used to outline the periods of time spent in and outside Canada for people applying for permanent residence. This will provide a full picture of whether or not residence has been maintained.

For sponsorship applications, entry and exit data can be used to determine if a sponsor is residing in Canada.

Applications for in-Canada asylum can also use entry and exit data to verify information presented by the claimant.

In-Canada asylum

Claimants’ entry and exit data could be used as a more thorough and robust travel history when there are concerns related to program integrity, credibility and exclusions under Article 1(E) of the United Nations Convention and Protocol Relating to the Status of Refugees. Records could demonstrate inconsistencies with the claimant’s basis of claim narrative, and they could prompt further investigations.

Citizenship

Citizenship applications

Exit and entry data will be used to

  • verify compliance with physical presence requirements for grants of citizenship contained in subsection 5(1) of the Citizenship Act
  • assist in the verification of other requirements, such as
    • the flagging of potential loss of permanent resident status
    • the need for applicants to submit foreign police certificates
    • misrepresentation
  • verify compliance with physical presence requirements for resumption of citizenship contained in subsection 11(1) of the Citizenship Act (physical presence in Canada for at least 365 days during the 2 years immediately preceding the date of application)

Citizenship revocation investigations

Entry and exit data will be used to support administrative investigations into an individual’s acquisition of citizenship. Specifically, data will be used to confirm if the client misrepresented their residence in Canada for the purpose of acquiring citizenship.

Passport

Passport investigations

Entry and exit data will be used to support administrative investigations into an individual’s entitlement to Canadian passport services. For example, data can be used to validate a travel document bearer’s travel history and use of a Canadian travel document to determine if grounds exist to pursue refusal or revocation under the Canadian Passport Order in cases of passport misuse, passport fraud and identity fraud.

Please Contact Us for more information.