Canada’s Submit-Graduate Work Allow (“PGWP”) program (the “PGWPP“) permits worldwide college students who’ve accomplished sure Canadian post-secondary applications to acquire work permits after graduating. The work permits are open, which means that the graduates can work for any employer in any Canadian province. It’s a unbelievable program that enhances the competitiveness of Canadian post-secondary establishments internationally, and is generally an important transitory step for worldwide graduates trying to ultimately receive Canadian everlasting residency.
Nonetheless, yearly there are lots of worldwide college students who mistakenly assume that they are going to be eligible to take part in this system after graduating solely to find halfway via their research that they can not. It’s accordingly crucial that every one worldwide college students in Canada perceive how the PGWP program works.
Foundation in Regulation
Part 205 of Canada’s Immigration and Refugee Safety Rules offers the federal government with the authority to create applications to situation work permits to international nationals when it’s glad that public coverage goals referring to the competiveness of Canada’s economic system or educational establishments are met. The PGWPP is one among these applications, and detailed details about it may be discovered on the Immigration, Refugees and Citizenship Canada (“IRCC“) web site right here.
Because the Federal Courtroom has famous in quite a few selections (similar to Osahar v. Canada (Citizenship and Immigration), 2017 FC 666), immigration officers can decide that these necessities are binding.
Eligibility
Exterior of Quebec, to ensure that a global graduate to acquire a PGWP after graduating, a global pupil should:
- have accomplished a tutorial, vocational or skilled coaching program at an eligible establishment in Canada that’s no less than 8 months in length resulting in a level, diploma or certificates;
- have maintained full-time pupil standing in Canada throughout every educational session of this system or applications of research they’ve accomplished and submitted as a part of their post-graduation work allow software (with sure exceptions); and
- have obtained a transcript and an official letter from the eligible Designated Studying Establishment confirming that they’ve met the necessities to finish their program of research.
Inside 180 days of the date of making use of for the PGWP, candidates should additionally meet one of many following standards:
- They maintain a sound research allow;
- They held a research allow;
- They had been licensed to check in Canada with out the requirement to acquire a research allow below sure provisions of the Immigration and Refugee Safety Rules.
Period
A PGWP’s length can be equal to the size of the academic program that the worldwide graduate accomplished, as much as a most of three years. Any accomplished program that’s longer than two-years will lead to a three-year work allow. In different phrases, a two-year diploma and a four-year diploma will each lead to a three-year work allow.
It is very important be aware that it’s the size of this system of research that’s vital, and never the precise time that it takes a global pupil to finish their program. For instance, if a pupil enrolls in a program of research that’s usually eight months in length, however completes it in six months, then the coed will be capable to receive an eight-month work allow after graduating. Conversely, a global pupil who takes two years to finish a one-year program will solely obtain a one-year PGWP.
Documentation
As famous above, one of many necessities is that candidates have to use inside six months of receiving written affirmation from their academic establishment that they met the necessities for commencement. As such, and as famous by the Federal Courtroom in Kaur v. Canada (Citizenship and Immigration), 2020 FC 513, it may be useful to incorporate documentation or attestations as to when somebody graduated.
Transfers
There are difficult guidelines and situations for college students transferring from one program to a different, or finishing a number of applications, which are past the scope of this text. Nonetheless, a very frequent one is that college students who receive a one-year diploma or diploma from an eligible establishment in Canada after having obtained, with the prior two-years, one other diploma or diploma from an eligible establishment in Canada, could also be issued a piece allow for as much as three years. For instance, if a pupil obtained a one-year diploma from the College of British Columbia in 2013, after which in 2015 obtained a MBA from the College of Toronto, then he would be capable to receive a three-year PGWP.
College students who full a program of research granted by a non-Canadian establishment positioned in Canada are ineligible to acquire work permits below the PGWP program. Nonetheless, college students finishing a program of research that has, as a part of this system, an abroad element, similar to an alternate, can be eligible so long as they earn a Canadian academic credential.
Utility Course of
The work allow software bundle and information may be discovered on the Immigration, Refugees and Citizenship Canada’s web site right here. The guidelines may be downloaded right here.
Graduates might submit their functions on-line, or, in sure instances at a Canadian port of entry or at abroad visa workplaces. College students who’ve accomplished their program of research and who apply for his or her PGWPs are permitted to work in Canada whereas IRCC processes their functions, supplied that they had been full-time college students enrolled in eligible applications whereas they had been finding out, and that they didn’t exceed their licensed off-campus work durations whereas they had been college students.
Spouses
In contrast to with worldwide college students, the spouses or common-law companions of PGWP holders are usually not mechanically entitled to open work permits.
The partner or common-law associate of a PGWP holder can receive a piece allow provided that the PGWP holder is working in a talented occupation as outlined in Nationwide Occupational Classification 0, A or B of the Nationwide Occupational Classification web site. To reveal this, the partner or common-law associate ought to present the next.
- a letter from their present employer confirming employment or a replica of their employment provide or contract; and
- a replica of three of their pay stubs.
Full-time Research
In line with the IRCC web site, candidates for a Submit-Commencement Work Allow (PGWP) will need to have maintained full-time pupil standing in Canada throughout every educational session of this system(s) submitted of their software. Exceptions embrace taking an authorized depart from research and being enrolled part-time in the course of the remaining educational session.
Jurisprudence on how officers assess full-time pupil standing is strict, but grants establishments appreciable discretion. To qualify for the PGWP, college students on depart should stay enrolled at a Designated Studying Establishment and actively pursue their program of research.
In Brown v Canada (Citizenship and Immigration), 2018 FC 452, Justice Brown famous:
The eligibility standards established by the PGWP Coverage are necessary and should be glad to ensure that a candidate to qualify for a PGWP. Nothing within the coverage confers any discretion on immigration officers to switch or waive the eligibility necessities (Nookala at para 12).
In Munyani v. Canada (Citizenship and Immigration), 2021 FC 802, Justice Manson additional held that:
Whereas the jurisprudence is of the impact that nothing within the PGWP-PDI confers any discretion on immigration officers to switch or waive the eligibility necessities, it does state that “Officers ought to train their finest judgment and bear in mind all related elements when assessing a pupil’s compliance with their research allow circumstances.
In Idowu v. Canada (Citizenship and Immigration), 2022 FC 46, Madam Justice Pallota decided that it was cheap for a visa officer to find out that an individual who took a depart of absence because of monetary hardship. In Tcerkovnaia v. Canada (Immigration, Refugees and Citizenship), 2022 FC 861, Madam Justice Go wrote:
The Respondent additionally cites Idowu at para 7, stating {that a} PGWP applicant should, amongst different issues, have ““maintained full time standing in Canada throughout every educational session of this system.”” Idowu may be distinguished on details. In that case, Ms. Idowu didn’t dispute she was a component time pupil in a single semester because of monetary hardship, nor that she had didn’t enroll in any courses for 3 semesters. In dismissing the judicial assessment software, Justice Pallotta famous Ms. Idowu’s PGWP software ““didn’t clarify why her dad and mom had been unable to supply monetary help, or present proof to ascertain that she or her dad and mom lacked the monetary means to pay for full time research for these semesters””: Idowu at para 14. As effectively, the letter from the college merely licensed that Ms. Idowu accomplished the necessities for a Bachelor of Commerce diploma: Idowu at para 15.
Right here, the Applicant has supplied explanation why she needed to drop two programs in the course of the 2017 Winter semester, and proof that these causes had been accepted by Ryerson College in contemplating her to be enrolled as a full time pupil. By failing to acknowledge the college’s letter, I’m unable to conclude that the Officer on this case has exercised their finest judgment and brought into consideration all related elements when assessing the Applicant’s eligibility for a PGWP, as required by the Handbook: Munyanyi at para 25.
Additional, whereas the Respondent argues that mere enrollment in full time research isn’t materials, and the Applicant will need to have constantly studied full time in Canada, the Choice made no such distinction. The Respondent’s argument can not bolster the explanations after the very fact.
As a substitute, the Choice referenced Ryerson College’s definition of full-time college students as those that are enrolled in 4 programs within the semester. If the Officer noticed match to depend on one definition of the college relating to full time college students based mostly on the variety of programs ““enrolled”” within the semester, then it was illogical for the Officer to not settle for the college’s March 11, 2021 letter as proof that the Applicant was ““enrolled”” as a full time pupil.
Lastly, I don’t discover any language within the Handbook drawing any distinction between ““full time enrollment”” and ““full time research.””
These making ready PGWP functions who’re unsure as to whether or not they meet the full-time pupil requirement ought to learn each Idowu and Tcerkovnaia as the results of the 2 instances are extraordinarily particular steps and knowledge that candidates ought to present.
In Drake v. Canada (Citizenship and Immigration), 2021 FC 1083, Madam Justice Go decided {that a} pupil who studied part-time throughout a licensed interval of depart might stay eligible for a PGWP. She additionally held in Tcerkovnaia v. Canada (Immigration, Refugees and Citizenship), 2022 FC 861, that visa officers should take into account letters from college which state that the college thought of somebody to be a full-time pupil.
In Sugagata v. Canada (Citizenship and Immigration), 2024 FC 1436 Justice Sébastien Grammond dominated that as a result of the IRCC web site states that “officers ought to train their finest judgment and bear in mind all related elements when assessing a pupil’s compliance with their research allow circumstances” that officers want to contemplate extenuating circumstances past the management of a pupil when figuring out in the event that they maintained full-time research throughout their enrollment, and that “a path to train finest judgment essentially confers a level of discretion to simply accept lower than excellent compliance.”
Humanitarian & Compassionate Concerns
Because the Federal Courtroom affirmed in Dunkley v. Canada (Citizenship and Immigration), 2022 FC 892, visa officers don’t have any discretion to switch the eligibility necessities of a PGWP on H&C grounds.
Ongoing Issues
There are two additional restrictions, or potential restrictions, to acquiring PGWPs which are presently the topic of litigation that potential worldwide college students and graduates ought to perceive.
The primary is that college students collaborating in distancing studying applications, both overseas or in Canada, are ineligible to acquire PGWPs. In 2015, this restriction generated appreciable media consideration, as IRCC refused the PGWP functions of a complete graduating class at a personal post-secondary establishment after IRCC decided that the establishment’s program constituted on-line studying. A few of these graduates have sought intervention from the Federal Courtroom of Canada, and one of many questions earlier than the court docket is whether or not there’s a proportion of on-line programs threshold that should be met earlier than IRCC can declare a program ineligible. Till both IRCC or the Federal Courtroom offers clarification on this matter, worldwide college students who want to take part within the PGWP program ought to perceive the attainable detrimental penalties of enrolling in any on-line programs.
After a lot uncertainty over how this distance-learning coverage was to be interpreted, pursuant to the IRCC web site officers are beneficial to make use of the next tips of their evaluation of an applicant’s PGWP eligibility once they have taken distance or on-line studying in Canada:
- when lower than the vast majority of all of the credit earned by the coed towards the completion of a program of research had been earned by finishing on-line programs, a post-graduation work allow could also be issued based mostly on the size of this system as confirmed by the college, together with credit earned from each in-class and on-line programs; and
- when the vast majority of the credit earned by the coed towards the completion of a program of research had been earned by finishing on-line programs, the applicant is ineligible for the PGWP, as this system might moderately be thought of a distance-learning program.
There are particular exceptions to the above because of the COVID-19 pandemic which are past the scope of this submit.
Second, current graduates making use of for PGWPs should be sure that they full their PGWP functions promptly and correctly. With most work permits functions, if IRCC both refuses or bounces an software for incompleteness, then an applicant can usually apply for restoration of standing inside 90 days. It’s not clear, nevertheless, whether or not restoration is feasible within the case of the PGWP due to the IRCC’s requirement {that a} current graduate’s research allow be legitimate once they apply for his or her PGWP, though a number of Federal Courtroom selections appear to suggest that it truly is as much as the officer. On April 8, 2020, the IRCC web site said the next:
Candidates whose research allow turns into invalid or expires should both
depart Canada and apply for a post-graduation work allow from abroad, or
apply to revive their standing as a pupil by making use of for a PGWP with the proper charges ($255) and paying the charges to revive their standing as a pupil ($350)
Working Whereas Ready
Eligible worldwide graduates are licensed to work full-time after their research are accomplished till a choice is made on their software for a PGWP. They won’t be required to use for a piece allow to do that. That is supplied for by s. 186(w) of the Immigration and Refugee Safety Rules, which states:
186 A international nationwide may fit in Canada and not using a work allow
(w) if they’re or had been the holder of a research allow who has accomplished their program of research and
(i) they met the necessities set out in paragraph (v), and
(ii) they utilized for a piece allow earlier than the expiry of that research allow and a choice has not but been made in respect of their software; or
In line with IRCC’s Immigration Representatives unit, this part isn’t restricted to PGWP functions.
Final Semester
The next are inner IRCC e-mails discussing part-time research over the last semester, repeated failures of that course and unauthorized work.
IRCC PGP
Statistics
The PGWP has a surprisingly excessive refusal price. Through the first six months of 2016, the PGWP refusal price exceeded 20% in each month besides Could, and in each June and March was 40% or extra.
Though a breakdown of the explanations for refusal of PGWP functions has not been revealed, it’s probably as a result of worldwide graduates both:
- attended a personal college whose graduates are usually not eligible to obtain PGWPs (which, opposite to the opinion of some personal establishments) is mot of them;
- their software was returned for being incomplete and once they tried to use once more their research allow had expired; or
- a visa officer decided that they didn’t meet the full-time research requirement.
In an effort to keep away from such rejections, it will be significant that college students:
- analysis their potential academic establishment in order that they know whether or not it qualifies;
- be sure that their PGWP software is full and that it consists of the proper charge quantity; and
- if there may be any query about whether or not their research had been full-time, to make it possible for it’s defined of their software.
As with all functions, the onus is on the applicant to make it possible for they’ve proven that they meet the necessities of the PGWP. If one thing is unclear, the visa officer isn’t below any obligation to hunt clarification, however can refuse the appliance. For that reason, it’s crucial that worldwide graduates be sure that their software is full and passable.
Acquiring Employment
In Imperial Oil Restricted v. Haseeb, 2023 ONCA 364 the Ontario Courtroom of Enchantment dominated that it was a breach of Ontario’s Human Rights Code for firms to have a coverage which restricted employment to Canadian residents or everlasting residents within the context of worldwide college students eligible for PGWPs.
Memos to Minister
PGWP Memo
