Are you a Foreign National in Canada and just graduated?

By Author: Admin | September 15, 2016

Are you a Foreign National in Canada and just graduated?

toronto immigration lawyer

If the answer is yes you might be eligible to the Post Graduate Work Permit that would allow you to work in Canada up to a maximum of three years.

The Post-Graduation Work Permit Program allows students who have graduated from a participating Canadian post-secondary institution to work in Canada. Skills that you will obtain during your employment might grant you skilled work experience that might allow graduates to qualify for permanent residence in Canada.

How do I obtain a Post-Graduation Work Permit?

To obtain a work permit after graduation you must meet the following requirements as stated on the Citizenship and Immigration Canada’s website:

  • Have continuously studied full time in Canada and you must have completed a program of study that lasted at least eight (8) months.
  • You must have graduated from:
  1. a public post-secondary institution, such as a college, trade/technical school, university or CEGEP (in Quebec), or
  2. a private post-secondary institution that operates under the same rules and regulations as public institutions, or
  3. a private secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP), or
  4. a Canadian private institution authorized by provincial statute to confer degrees but only if you are enrolled in one of the programs of study leading to a degree as authorized by the province and not in all programs of study offered by the private institution.
  • You must apply for a work permit within 90 days of receiving written confirmation (for example, a transcript or an official letter) from your institution indicating that you have met the requirements for completing your academic program.
  • You must have completed and passed the program of study and received a notification that you are eligible to obtain your degree, diploma or certificate.
  • You must have a valid study permit when you apply for the work permit.

In addition you must:

  • Be 18 years of age or older at the time of application
  • Have a valid study permit when you apply for the work permit
  • Have completed a full time program that lasted 900 hours or more (normally eight months in length), leading to a Diplôme d’études professionnelles (DEP) or an Attestation de spécialisation professionnelle (ASP)
  • Apply for a work permit within 90 days of receiving written confirmation (for example, a transcript or an official letter) from your institution indicating that you have met the requirements for completing your academic program
  • Provide a supporting letter from your institution outlining the duration of studies and the program code

You are not eligible if:

  • study in a program that is less than eight months long
  • participate in a Canadian Commonwealth Scholarship Program funded by the Department of Foreign Affairs, Trade and Development Canada (DFATD)
  • participate in a Government of Canada Awards Program funded by DFATD
  • receive funding from the Canadian International Development Agency (CIDA)
  • participate in the Equal Opportunity Scholarship, Canada-Chile
  • participate in the Canada-China Scholars Exchanges Program
  • participate in the Organization of American States Fellowships Program
  • participate in a distance learning program either from abroad or from within Canada or
  • have previously been issued a Post-Graduation Work Permit following any other program of study.

I meet all the requirements for the Post-Graduation Work Permit but my Study permit expired or is about to what do I do?

Apply for an extension if your study permit hasn’t expired yet. If your study permit expires after you have submitted your application for an extension but before you receive a decision on your application, you can stay in Canada under what’s called implied status. That means the law implies you are a temporary resident. That status lasts until CIC decides on your new permit application. However, you must respect the following requirements.

If you did not apply for an extension of your work permit before it expired you should read Citizenship and Immigration Canada’s instructions for restoration of status.

If your temporary resident status has expired, do not apply for an extension as you are not eligible. However, if you wish to stay in Canada after your status has expired you may apply for restoration of status within 90 days of your permit expiry date or leave Canada.

It is important to know  that the application for restoration does not guarantee restoration of student status.  It is therefore critical to apply for renewal of the Study Permit prior to the expiration date.

If you would like to apply for a post-graduation work permit or need assistance with any Canadian Immigration matter contact Chaudhary Law Office.

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