Managing Transitions: From Student to Post Graduation Work Permits

So, you’re about to finish your post-secondary studies in Canada and are getting ready to apply for your post-graduation work permit. This is a typical scenario for those who are in their international student to permanent resident in Canada pathway.

You will need to slow down and plan your move carefully. First of all, what is a post graduation work permit? A post graduation work permit is a type of an open work permit that allows you to work for virtually any employer in Canada. Normally, work permits in Canada are employer-specific, meaning you must work only for the specified employer. International students’ post graduation work permit is an important tool allowing you to answer the “how to go from student visa to permanent resident in Canada” question.

That transition period between the study permit and the PGWP is crucial. There are so many possible simple mistakes that occur that ultimately doom an international student’s chances of transitioning from student to permanent resident in Canada.

For example, just this summer, we had clients who were unaware about the rules surrounding work authorization when the period of studies end. When does it actually end? The answer is it depends. But generally, the common triggers are: (1) when your learning institution sends you a letter of completion, (2) when you receive your final transcripts, or (3) when you graduate. Pro-tip: it’s usually the first of the identified three triggers that will matter to Immigration.

In the case we had a few months ago, the clients continued to work even after completing their studies. That was unauthorized work. The Immigration and Refugee Protection Regulations requires at subparagraph 200(3)(e) that: “[a]n officer shall not issue a work permit to a foreign national if […] the foreign national has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization […]

Working outside your authorization as a study permit holder endangers your pathway to permanent residence in so many ways. Fortunately, our story had a happy ending in spite of the unauthorized work performed. The Firm made extensive legal submissions on the part of the applicants through compassionate grounds. Given their set circumstances, the evidence submitted, and the legal submissions put forward, they live to fight another day.

Had the clients’ evidence not aligned properly, their work-study pathway to Canada would have been all for nothing. This would have been a catastrophic thousands of dollars down the drain in an instant due to a simple mistake. Thankfully, they were spared and now they are on their way to building their profiles under the Express Entry to Canada. 

The lesson here is that as more international students come to Canada to seek a better life, the more competitive it will be to gain permanent residence. In addition, immigration will unavoidably become more complicated despite what the forms and the online guides say. If you are spending tens of thousands of dollars for your future, protect your investment and hire an immigration lawyer. Ask us how we can develop a customized roadmap. Your move.