Suing Schools for Post-Graduation Work Permit Refusals

2nd Sep 2018 Comments Off on Suing Schools for Post-Graduation Work Permit Refusals

People who graduate from designated learning institutions are often eligible to apply for post-graduation work permits (“PGWP“).  However, not all schools are eligible.

In addition to other requirements, to be eligible, a student must have graduated from a:

  • public post-secondary school, such as a college, trade/technical school or university, or CEGEP in Quebec; or
  • private post-secondary school that operates under the same rules as public schools (currently applies only to certain private post-secondary institutions in Quebec); or
  • private secondary or post-secondary school (in Quebec) that offers qualifying programs of 900 hours or longer, leading to a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP); or
  • Canadian private school that can legally award degrees under provincial law (for example, Bachelors, Masters or Doctorate degree) but only if the student was enrolled in a study programs leading to a degree as authorized by the province.

Lawsuits

There have been recent media stories about international graduates suing designated learning institutions for misleading them into thinking that they would have been eligible for post-graduate work permits once they graduated.

The requirements to establish a claim in negligent misrepresentation are:

  1.  There must be a duty of care based on a “special relationship” between the representor and the representee;
  2.  The representation in question must be untrue, inaccurate, or misleading;
  3.  The representor must have acted negligently in making said misrepresentation;
  4.  The representee must have relied in a reasonable manner, on said negligent misrepresentation; and
  5. The reliance must have been detrimental to the representee in that damages resulted.

The Nova Scotia case of Clarke v. Nova Scotia College of Early Childhood Education is an example of what the results of negligent misrepresentation claims involving PGWPs may be,

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The Post-Graduation Work Permit

28th Dec 2015 Comments Off on The Post-Graduation Work Permit

Last updated on April 16th, 2020

Canada’s Post-Graduate Work Permit (“PGWP”) program 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(s) in any Canadian province(s).  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 PGWP 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 has noted in numerous decisions (such as Osahar v. Canada), immigration officers can determine these requirements to be binding.

Eligibility and Validity

Outside of Quebec, in order for an international graduate to obtain a PGWP after graduating, an international student must:

  • have a valid study permit when applying for their PGWP;
  • have continuously studied full time in Canada, except for the final academic session, where part-time studies are permitted;

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

30th Sep 2013 Comments Off on 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?

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Post-Graduate Work Permits in British Columbia

7th Jun 2012 Comments Off on Post-Graduate Work Permits in British Columbia

Lately, I have received numerous enquiries regarding which private post-secondary institutions are eligible to have their students receive Post-Graduate Work Permits (“PGWP“) in British Columbia.  Coincidentally, on June 5, 2012, Citizenship and Immigration Canada (“CIC“), issued Operational Bulletin 262 (“OB 262“), which addresses the issue.

First, it is important to note the distinction between students enrolled in a degree program at a private post-secondary institution, and students enrolled in a diploma or certificate program.  All students in Canadian private institutions which are authorized by provincial statute to confer degrees are eligible to participate in the general PGWP.

As well, there is a Pilot Project in British Columbia which provides that diploma and certificate students at certain British Columbia private post-secondary institutions are eligible to receive Post-Graduate Work Permits.  The Pilot Project expires on January 31, 2013, and international students accepted into programs of study at participating institutions after August 31, 2012 are not eligible to participate in the pilot.

Students who have completed a program of study that is at least eight months or more and received a diploma or certificate in a career training program from the following institutions are eligible to apply under the Pilot Project:

  • Sprott-Shaw Degree College
  • Arbutus College of Communication Arts;
  • Business and Technology
  • Ashton College
  • Canadian Tourism College
  • Centre for Arts and Technology
  • Eton College
  • Greystone College
  • John Casablancas Institute of Applied Arts
  • MTI Community College
  • Omni College
  • Pacific Audio Visual Institute
  • Pacific Institute of Culinary Arts
  • Pacific Rim Early Childhood Institute
  • Sprott-Shaw Community College
  • Stenberg College
  • Universal Learning Institute
  • Vancouver Central College
  • Vancouver Film School
  • Vancouver Institute of Media Arts

Additional requirements,

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How the Post-Graduate Work Permit Program Works

2nd Jun 2010 Comments Off on How the Post-Graduate Work Permit Program Works

The Post-Graduation Work Permit (“PGWP“) allows students who have graduated from most Canadian public post-secondary institutions to stay and work in Canada upon graduation.  As someone who remembers when I was in undergrad the frustration of international students who had to leave Canada upon graduating even though they would have jumped at the opportunity to stay, work, and pay taxes in Canada, it is certainly a welcome program.

PGWPs are open work permits. This means that international graduates who possess them can work for any employer.  There is no restriction on the type of work that can be performed.  Having said that, if a student wishes to work in health care or in education they will need to first obtain a medical exam. And, as with all work permits, PGWP holders are prohibited from working in the sex industry.

There is no requirement for a job offer prior to applying.

Eligibility

Outside of Quebec, in order for an international graduate to obtain a PGWP after graduating, an international student must:

  • have a valid study permit when applying for their PGWP;
  • have continuously studied full time in Canada, except for the final academic session, where part-time studies are permitted;
  • have completed and passed a program of study that is at least eight months in duration at either a public post-secondary institution, a private post-secondary institution that operates under the same rules and regulations as public institutions, or at a Canadian private institution if the student was enrolled in a program of study which led to a degree; and
  • apply for the work permit within 90 days of receiving written confirmation from their educational institution that they have met the requirements for completing their program of study.

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