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Immigration Corner | How can I stay in Canada?

Published:Tuesday | November 8, 2022 | 12:06 AM

Dear Ms Powell,

I would like to study in Canada but I want to do a programme that would help me to stay in Canada when I am finished. Please tell me how I can know if a school or programme is accredited or if the programme will be recognised. Also, what about working off campus? Can my fiancé come with me and work while I study? Most importantly, how do we get to stay in Canada after my permit expires? Thank you for your time.

– HR

Dear HR,

As an international student who would like to study in Canada as a pathway to becoming a permanent resident, you should ensure that you study at an accredited school or one that is considered to be a Designated Learning Institution (DLI) by Immigration, Refugee and Citizenship Canada. Each year, the government posts a list of DLIs on their official website. Your programme of study should be a minimum of a one year to be eligible to get a post-graduate work permit.

WORK WHILE STUDYING

As of November 15, 2022, a full-time student in Canada can work more than the usual 20 hours per week during the school term. This is based on a new policy that will remain in effect until December 31, 2023. This option is open to students who are studying on a full-time basis at a DLI. If you are in your final year and attending on a part-time basis, you also qualify to work longer hours. The caveat is that your application for study permit and extension must have been submitted before October 7, 2022, and have an off campus work authorisation on your study permit. Additionally, you must either be in Canada or intend to arrive in Canada by December 31, 2023.

Your partner may be eligible for a work permit while you study and also authorised to work temporarily or stay permanently in Canada after you graduate from university or college. I suggest that you and your partner contact an immigration lawyer to ensure that both of you are able to qualify for study and work permits.

POST-GRADUATE WORK PERMIT

On the successful completion of your studies, you may apply for a post-graduate work permit. This work permit will allow you to work in Canada for a specific period of time. The length of time that you will be granted will be based on length of your studies. The permit will not be granted for a period longer than the period of study. Therefore, it is strongly recommended that you undertake a programme that lasts a minimum of one year. This will allow you to have a minimum of one year work experience in Canada. This will help you to get additional points so that you can qualify to apply under the Canadian Experience Class via the express entry system.

You should apply for your post-graduate work permit as soon as you have confirmation that you have successfully completed your programme. You do not have to wait until you have the certificate in hand. You are required to submit your application before your study permit expires or required to pay extra to apply for a restoration of status, depending on the date that you apply. You should ensure that you are not staying in Canada without the relevant permits.

PERMANENT RESIDENCE

In order to qualify under the CEC for permanent residence, you will need to have a minimum of one year post-graduate, full-time work experience in Canada or the equivalent number of part time hours. Work experience as a student, intern, or under a co-op programme will not be considered.

Your work experience must fall within one of the qualifying Canadian National Occupational Classification codes at the time of application. Currently, that means that your experience should be in a managerial, professional, or technical job. A list is on the government’s website of the type of jobs that qualify.

Since you will have Canadian post-graduate certification, you will not need an Educational Credential Assessment (ECA). However if you have additional international certification you should get the ECA from one of the designated institutions as it will boost your comprehensive ranking score in the express entry system. You should also sit the English examinations and ensure that your score is high to maximise your chances of receiving an invitation to apply for permanent residence.

The key is to have a plan of action from the beginning so that you can chart your way to permanent residence and have a successful time in Canada.

Deidre S. Powell is a lawyer, mediator and notary public. Submit your questions and comments via www.deidrepowell.com. Find her on Facebook, Instagram and Twitter for immigration updates.