Filipiniana News
– April 2019
By
Maria Deanna P. Santos
It is well known that international students are a significant source
of income for Canadian educational institutions in particular and for the Canadian
economy in general. Aside from the fact
that the tuition fees paid by these international students are often double or
triple the amount paid by permanent residents or Canadian citizens, they are
also a source of income for dormitories/landlords, restaurants and other food
suppliers, electronic gadget stores, and sellers of practically any
product/service that money can buy.
It is no surprise therefore, that international students have
increasingly become a target of exploitation for unscrupulous individuals and
organizations. Thus, it is very
important that prospective and existing international students are
well-informed of the various implications of their stay in Canada.
Victimizing the Rich and the Poor
A recent high-profile kidnapping of an international student in Markham
in the parking garage of his condominium building highlighted an oft-heard
stereotype of international students – young children of wealthy parents who
can afford not only the hefty international fees but sometimes also the
expensive condo apartments and even luxury cars. Thus, they often become an easy target for
the kidnap-for-ransom industry, endangering their lives in the process.
On the other end of the spectrum, foreign nationals with much less
resources but who are unable to qualify for a work permit or permanent
residency, are lured by the prospect of being able to work through the study
permit route. Thus, many private
schools have convinced prospective students from abroad to sell property or
borrow from loan sharks, to afford the exorbitant fees required to obtain an
acceptance letter from a Canadian educational institution. Upon arriving in Canada however, many of them
find that the education they receive is either substandard or that the school
itself is a not a designated learning institution that qualifies for the
issuance of postgraduation work permits for its students. Worse, many end up becoming victims of human
trafficking by being forced to work in low-skilled jobs for very little pay, or
toil in the underground economy, thus reinforcing their vulnerability.
Limitations of a Study Permit
As the term implies, a study permit is a temporary authorization for a
foreign national to pursue full time studies in Canada. Although Canada’s current immigration law
allows study permit holders to work on or off campus under certain conditions
(e.g. part time during study periods and
full time during study breaks), the primary condition is that the student
should maintain full time enrolment in the educational program and learning
institution specified in the study permit.
If the student chooses to work full time instead of pursuing the full
time study program for which the study permit was issued, then he/she is in
violation of the terms of their temporary stay in Canada and may be rendered
inadmissible in the process.
Designated Learning Institution
Another important thing to consider before applying for a study permit,
is to ensure that the school where the applicant will be enrolled is a designated
learning institution (DLI) that is approved by a provincial or territorial
government in Canada to host international students. If the school is not a DLI, then the study
permit application will not be granted.
Since most schools require some form of payment (whether full or partial
tuition or a deposit), there is a risk that part or all of the money paid will
not be refunded if the study permit application is refused.
Moreover, not all DLIs are created equal. There are several DLIs which are only
recognized for purposes of study permit issuance, but whose graduates are not
eligible for postgraduation work permits.
If this is the case, the study permit holder cannot legally work for any
employer in Canada after graduation unless he/she obtains an employer-specific
work permit or eventual permanent resident status. The latter options are often not available to
those who were only able to study full time in Canada and have had no full time
work experience in a high-skilled occupation (as further discussed under PGWP
below).
Thus, when the study permit validity expires and no renewal application
is pending, the international student loses temporary resident status and would
have to leave Canada to avoid violating Canada’s immigration laws.
Postgraduation Work Permit
A postgraduation work permit (PGWP) is an open work permit that will
allow a student to work for any employer in any legal occupation in Canada
(except those that may be specifically excluded under the terms of the work
permit). This is issued to international students who
have completed a full time postsecondary
program (i.e. awarded a degree, diploma or certificate) for a minimum period of
eight months in a DLI that is eligible for the issuance of PGWP for its
students.
The international student can apply for the PGWP within 180 days from
receiving confirmation of completion of the study program from the DLI. It is also important to note that the PGWP
can only be issued once, even if the student completes another full time study
program after the expiry of the PGWP.
One can apply for a PGWP from inside or outside of Canada. If applying from inside Canada, it is
important that the applicant maintains valid temporary resident status (as a
student, worker or visitor).
Although the PGWP is an open work permit which allows the holder to
work in any occupation, it must be noted that the work experience that may
qualify for a permanent residence application are generally occupations in the
NOC O, A or B (skilled trades, professional, managerial or so-called
high-skilled occupations). Hence, if the
PGWP was used to work in NOC C or D (lower skilled) occupations, the work
experience may not qualify the application for permanent residence under most
of the current immigration categories.
* This article is meant for
information purposes only and not as specific legal advice.
** I would like to wish my
dearest sister, Cecille Santos (who is a registered immigration consultant and
licensed paralegal), a very happy and blessed birthday on April 27th!
The author is a Filipino-Canadian
immigration lawyer and may be reached at deanna@santoslaw.ca
or tel. no. 416-901-8497.
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