Your gateway to Canada

NEW LAWS FOR WORK PERMITS FOR STUDENTS STUDYING ONLINE

By Atty. Henry Moyal

19. I’m an international student who was expected to study in the fall 2020 at Seneca College. I cannot enter Canada due to Covid-19. How is Canada helping people like me?

1. One of the most affected groups during these unprecedented pandemic times are students. Due to Covid-10 many international students who would like to study in Canada this fall are facing uncertainty due to travel restrictions. As such, IRCC has announced 3 new programs on post-graduation work permit eligibility for students beginning programs online.

According to IRCC policy, these changes are being implemented to provide more flexibility on eligibility rules for the Post-Graduation Work Permit Program for students who need or want to start their Canadian study program online from abroad.

The changes are:

1. Students may now study online from abroad until April 30, 2021, with no time deducted from the length of a future post-graduation work permit, provided 50% of their program of study is eventually completed in Canada.

1. Students who have enrolled in a program that is between 8 and 12 months in length, with a start date from May to September 2020, will be able to complete their entire program online from abroad and still be eligible for a post-graduation work permit.
2. Students who have enrolled in a program with a start date from May to September 2020 and study online up to April 30, 2021, and who graduate from more than one eligible program of study, may be able to combine the length of their programs of study when they apply for a post-graduation work permit in the future, as long as 50% of their total studies are completed in Canada.

To be eligible for these measures, students must have submitted a study permit application before starting a program of study in the spring, summer, or fall 2020 semester, or the January 2021 semester. All students must eventually be approved for a study permit.

2020. Me and my spouse are already in Canada and she just completed her 2 years diploma course and waiting for her certificate. Our visa is expiring on December 25, 2020.  Spouse is going to apply for post graduation work permit soon and no issues related to that.

I am on a open work permit and working here in IT since last 5 months. Can I apply for post grad work permit too?

1. You can only apply for an open work permit extension when your wife gets a job in any NOC category ( 0, A or B). In order to be more specific spouses or common-law partners of skilled people coming to Canada as foreign workers may themselves be authorized to work without first having an offer of employment. A dependent spouse is eligible to apply for an open work permit if the principal foreign worker

• holds a work permit that is valid for a period of at least 6 months, or, if working under the authority of section R186 without a work permit, presents evidence that they will be working for a minimum of 6 months;
• is employed in an occupation that falls within National Occupational Classification (NOC) skill type 0 or skill levels A or B (which generally include management and professional occupations and technical or skilled trades [see the NOC website]);
• physically resides or plans to physically reside in Canada while working.

Second, if the principal foreign worker is the holder of an open work permit (e.g., post-graduation work permit, working holiday work permit), IRCC cannot assess the skill level based only on the open work permit, and the spouse or common-law partner applying for the C41 exemption will need to attach proof that the principal worker is employed in an occupation in skill level 0, A or B.

.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193