Question & Answer – Post Grad Work Permit Continuity (IR-07)

The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding Post-Graduation Work Permits.  The Post-Graduate Work Permit is a phenomenal program which allows graduates of Canadian post-secondary students to work in Canada on open work permits.  It is not clear, however, whether people who complete a program, and then go into another program that they don’t complete, are eligible. 

Please note that what I have reproduced below should not be viewed as legal advice.  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.

Question – May 18, 2013

Dear Madam I Sir,

I have a question about post-graduate work permits and Operational Bulletin 194. http://www. cic. qc. ca/english/resources/manuals/bulletins/20 1 0/ob 194A. asp

OB 194 is clear that when an individual completes a credential, and then earns another credential immediately after completing the first, then the individual can combine the duration of the two programs when calculating the length of validity his/her post-graduate work permit

My question pertains to the opposite scenario. Where an individual completes a credential, and then immediately starts a different program but does not complete it, then is that individual able to get a PGWP for his first program even though it has been more than 90 days?

For example, if someone completes a B Eng and instead of getting a PGWP enrolls in a M Eng program, but part way through the M Eng. program decides that they do not want to complete it, then can that person get a PGWP valid for three years because they completed the bachelors and has always been in Canada on study permits?

Thank you,

Answer – May 23, 2013

The person has 90 days from the completion of their program to apply for the post-graduate work permit. If the person continues studying in a new program, as you stated, they can combine their programs and it is 90 days from the end of the ‘combined’ programs. Please note that the first program must be a minimum of 8 months in duration.

However, in your example, if the person does not complete the second program then they have 90 days from the completion of their first program to apply for the post-graduate work permit.

I don’t understand the motivation behind this policy.  In my opinion, we should not be penalizing students who attempt to obtain further education that they cannot complete.  While “don’t start what you can’t finish” is certainly a motto that some people live by, people who attempt a Master’s shouldn’t lose eligibility for programs that they qualified for when they completed their Bachelors.


Question & Answer – Open Bridging Work Permits and Spouses (IR-06)

The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding open bridging work permits.  One of the best things that Jason Kenney did as immigration minister was to allow individuals to apply for open work permits if their permanent residence applications had reached certain stages in processing.  (A detailed blog post of mine on Bridging Open Work Permits can be found here.)  As with any new program, questions emerged regarding specific requirements of the Bridging Open Work Permit, including whether spouses can apply.  This is actually the second Q&A on open bridging work permits which I have reproduced.  The first can be found here

Please note that what I have reproduced below should not be viewed as legal advice.  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.

Question – May 14, 2013

Hello,

Could you tell me if Open Bridging Work Permits also apply to spouses of work permit holders?

Thank you.

Answer – May 22, 2013

NO, the Bridging Work Permit is only available to the Principal Applicant.

However, if certain conditions are met by the principal applicant, they will impact the eligibility for the spouse for an
open work permit.

In all cases the Principal Applicants work permit must be valid for longer than 6 months.

For spouses of Federal Skilled Workers, the principal applicant must be performing work which is at a level that falls within National Occupational Classification (NOC) Skill Levels 0, A or B.

For spouses of Provincial Nominee applicants, they are eligible for an open work permit for the duration of the work permit held by the provincial nominee principal applicant, irrespective of the skill level of the principal applicant’s occupation.

For spouses of Federal Skilled Trades, the principle applicant must be performing work which is within one of the qualifying occupations in NOC Skill Level B.

For spouses of applicants in the Canadian Experience Class, they are eligible for an open WP without preconditions to be met by the principal applicant.

For Dependent children of an applicant in any Class, they must obtain a LMO or have a LMO exemption based on their specific situation in order to apply for a work permit.

Because of all the confusion over open bridging work permits, CIC recently released OB 485-A, which answers many of the questions which people have


Question & Answer – FSW Arranged Employment and ICTs (IR-03)

The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding Arranged Employment under the Federal Skilled Worker Program for Intra-Company Transferees.  The Federal Skilled Worker Program allows certain individuals employed in Canada without a Labour Market Opinion to qualify for Arranged Employment.  As with any program, questions emerged regarding specific requirements, including whether intra-company transferees qualify for Arranged Employment without a Labour Market Opinion.

Please note that what I have reproduced below should not be viewed as legal advice.  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.

Question – May 28, 2013

Hello,

Could you please confirm if the intra-company work permit holders in Canada can be considered to have arranged employment under the new rules (as of May 4th 2013) and could submit a FSW application based on the fact they hold ICT work permit and have an indeterminate job offer from the same employer.

Answer – May 28, 2013

Intra-company transferees in Canada who hold a valid work permit which is exempt from the Labour Market Opinion (LMO) requirement under R204(a), are working for an employer specified on the work permit and have a qualifying offer of arranged employment from the same employer are eligible to apply under the arranged employment stream under the Federal Skilled Worker Program under the new rules which came into effect on May 4, 2013 [R82(2)(b)].

All other intra-company transferees who hold a valid work permit which is LMO-exempt under R205 would also be eligible to apply provided they had a qualifying offer of arranged employment from their prospective employer, and that employer had obtained a positive LMO [R82(2)(d)].

The Immigration and Refugee Protection Regulations are actually very clear on the above.  I presume that the representative who asked the above question knew what the answer was, but wanted Citizenship and Immigration Canada to explicitly confirm this requirement for the Federal Skilled Worker Program.

I do not understood the Government of Canada’s policy rationale for why intracompany transferees under NAFTA, the Canada-Chile FTA, the Canada-Peru FTA, and other free-trade agreements are eligible under the new Federal Skilled Worker Program for Arranged Employment without a Labour Market Opinion, while general intra-company transferees are not.  When the law first came out I thought that a possible solution would be to request that officers process general intra-company transferees under the GATS agreement.  However, the Foreign Worker Manual now instructs officers to process GATS intra-company transferees under R205(a), C12, thereby excluding them from qualifying for Arranged Employment without a Labour Market Opinion.


Question & Answer – Open Bridging Work Permits (IR-01)

The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding Bridging Open Work Permits.  One of the best things that Jason Kenney did as immigration minister was to allow individuals to apply for open work permits if their permanent residence applications had reached certain stages in processing.  (A detailed blog post of mine on Bridging Open Work Permits can be found here.)  As with any new program, questions emerged regarding specific requirements of the Bridging Open Work Permit, including whether there are exceptions to the 4 month time-frame.

Please note that what I have reproduced below should not be viewed as legal advice.  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.

Question – May 27, 2013

Dear Sir / Madam,

I would like to enquire about the time of an application for an open Bridging Work Permit.  In Operational Bulletin 485, dated December 15, 2012, it is noted that the processing office will confirm upon receipt of an application that:

  • The PR applications under one of the classes (CEC, PNP, FSWP) has been found eligible;
  • the applicant is currently in Canada; and
  • it is confirmed that the applicant currently holds a valid WP that will expire within the next 4 months and there are no other issues of concern.

For an applicant who has been found eligible for Permanent Residence as FSWP, whose Work Permit does not expire until ___ but has recently been laid off, is there an exception to the 4 month timeframe which would allow them to file an Open Bridging Work Permit application now in 2013, perhaps under Humanitarian & Compassionate considerations set out in section 25 of the Immigration and Refugee Protection Act? Or will the applications only be accepted if a Work Permit is set to expire in 4 months, without exception?

Thank you in advance for your response to this question. 

Regards, 

Answer – May 29, 2013

Thank you for four inquiry.

As specified in Operational Bulletin 485, to be eligible for a bridging open work permit, the foreign naitonal must have valid status on a work permit that is due to expire within 4 months. There are no exceptions to this requirement. 

In the situation you’ve outlined below, the foreign national would presumably seek out a new employer and apply for a new work permit before the expiry of their current employer-specific work permit in 2015. 

It is not clear why the representative thought that H&C considerations could be used to overcome the 4 month requirement.  As I blogged about here, recent changes to Canadian immigration law mean that humanitarian & compassionate considerations may only be considered in permanent resident applications.