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
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: There must be a duty of care based on a “special relationship” between the representor and the representee; The … Read More
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 … Read More
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 … Read More