The Post-Graduation Work Permit
Canada’s Post-Graduate Work Permit (“PGWP”) program (the “PGWPP“) allows international students who have completed certain Canadian post-secondary programs to obtain work permits after graduating. The work permits are open, meaning that the graduates can work for any employer in any Canadian province. It is a fantastic program that enhances the competitiveness of Canadian post-secondary institutions internationally, and is normally an essential transitory step for international graduates looking to eventually obtain Canadian permanent residency. However, every year there are many international students who mistakenly think that they will be eligible to participate in the program after graduating only to discover midway through their studies that they cannot. It is accordingly very important that all international students in Canada understand how the PGWP program works. Basis in Law Section 205 of Canada’s Immigration and Refugee Protection Regulations provides the government with the authority to create programs to issue work permits to foreign nationals when it is satisfied that public policy objectives relating to the competiveness of Canada’s economy or academic institutions are met. The PGWPP is one of these programs, and detailed information about it can be found on the Immigration, Refugees and Citizenship Canada (“IRCC“) website here. As the Federal Court … Read More
The College of Immigration and Citizenship Consultants
Here is the organization chart of The College of Immigration and Citizenship Consultants.
The National Occupational Classification System
Canada’s immigration system heavily relies on the National Occupational Classification (“NOC”) system, managed by Service Canada. For applicants in the economic class, a deep understanding of the NOC system is crucial. The success of their immigration applications often hinges on proving they have qualifying experience or pre-arranged employment in specific NOC categories. Employers submitting Labour Market Impact Assessment (“LMIAs”) applications to the Ministry of Economic and Social Development Canada (“ESDC“) need to know which NOCs their positions fall under because this will determine the respective prevailing wage and recruitment requirements. Moreover, international graduates should be mindful of the NOC classification of their first job after completing post-secondary education. Experience in certain NOCs is essential for it to count towards immigration eligibility.
Judicial Review of Public Policies
Section 25.2(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 provides that: Public policy considerations 25.2 (1) The Minister may, in examining the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act, grant that person permanent resident status or an exemption from any applicable criteria or obligations of this Act if the foreign national complies with any conditions imposed by the Minister and the Minister is of the opinion that it is justified by public policy considerations. Overview An Immigration, Refugees, and Citizenship Canada (“IRCC“) public policy is a temporary, discretionary measure enacted by IRCC to address specific immigration-related issues or situations that aren’t fully covered by existing Canadian immigration laws. These public policies offer flexibility in processing applications, support targeted groups of individuals, and respond to urgent or emerging needs. These IRCC public policies are usually time-limited and can be updated or revoked as circumstances evolve. Eligibility criteria, application processes, and other details are typically available on the official IRCC website. A list of public policies can be found here. Jurisprudence In Rohani v. Canada (Citizenship and Immigration), 2024 FC 1037 the Applicant argued that because previous Federal Court decisions referred … Read More
Scheduled Breaks
The following IMMReps exchange shows confusion over whether academic breaks include statutory holidays for the purpose of off campus work.
Landing Portal
One issue that arises with the landing portal is what are the potential consequences if someone receives their eCOPR while they are temporarily outside of Canada, if they had already declared their presence in Canada through the PR confirmation portal before leaving? Here is an IMMReps response.
Temporary Resident Permits
On June 28, 2019 Immigration, Refugees and Citizenship Canada substantially changed the guidance that it provides to officers regarding the issuance of Temporary Resident Permits (“TRPs“). The biggest change was the removal of the statement that TRPs could not be issued for administrative convenience. People who do not meet the requirements of the Immigration and Refugee Protection Act (the “IRPA“), and most commonly people who are criminally inadmissible to Canada and who are not eligible to apply for rehabilitation, require TRPs in order to enter or remain in Canada.