Tag Archives: NKIC Newsletter – April 2018

Medical Inadmissibility For Persons With Disabilities Updates

April 16, 2018 nkic

One of the Government of Canada’s priorities is to ensure greater accessibility and opportunities for Canadians with disabilities. Today’s announcement by Immigration, Refugees and Citizenship Minister Ahmed Hussen of changes to the medical inadmissibility provision of the Immigration and Refugee Protection Act ensures that our immigration policies better align with Canadian values and reflect the importance that the Government places on the inclusion of persons with disabilities.

Under the 40-year-old policy, applicants could be found medically inadmissible to Canada based on a set of criteria out of step with a 21^st century approach to persons with disabilities. Most of those affected are individuals who would otherwise be approved in the economic immigration class, and selected for the benefit their skills will bring to the Canadian economy.

While the number of refusals under this provision was not high, it resulted in cases where applicants or their children were refused despite the fact their health condition or disability was one readily accommodated in Canadian society.

The new policy on medical inadmissibility strikes a balance between protecting publicly funded health and social services and updating the policy to bring it in line with current views on the inclusion of persons with disabilities. The changes include:

increasing the cost threshold for medical inadmissibility to 3 times the previous level, and
amending the definition of social services by removing references to special education, social and vocational rehabilitation services and personal support services.

Increasing the cost threshold will facilitate immigration for applicants with health conditions that typically require a limited range of health and social services and have relatively low health and social services costs. It is expected that this would dispense with a majority of the medical inadmissibility cases seen in Canada today.

Amending the definition of social services will bring the policy in line with Canadian values on supporting the participation of persons with disabilities in society, while continuing to protect publicly funded health and social services. This would also benefit applicants with intellectual disabilities, applicants with hearing or visual impairments, and others.

The Government has been reviewing all elements of the medical inadmissibility provisions since 2016. This included meetings with provincial and territorial governments, and discussions with stakeholders.

In addition, the issue was studied by the Standing Committee on Citizenship and Immigration, which recommended eliminating the policy. Going forward, the Government agrees with the Standing Committee’s recommendation to eliminate the policy and will collaborate with provinces and territories towards its full elimination.

Please Contact Us for more information.

Study in Canada

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