In the past few
years, the number of international students has ballooned at a rapid pace such
that they now comprise a significant portion of the temporary resident
population in Canada. In the latest
report of the Minister of Immigration, Refugees and Citizenship Canada (IRCC)
Marco Mendicino to Parliament, he stated that as of December 31, 2018, there
were more than 721,000 international study permit holders in Canada, or more
than double the number of permanent residents (321,035) admitted that year.
Easing Work
Restrictions
At this time of
COVID-19 pandemic therefore, it comes as no surprise that international
students are among those hardest hit by the ongoing lockdowns and their
economic consequences. Since international student fees are often double or
triple the domestic tuition fee rates, one can only imagine the enormous
investment that these international students have made to finance their studies
and living expenses in Canada.
Hence, it is a great
help that study permit holders engaged in full time studies are also authorized
to work without need to apply for a separate work permit. Under normal times, this work authorization
would limit international students to part time work of up to 20 hours during
study periods and only allows full time work or more than 20 hours during study
breaks (e.g. Christmas holidays, summer breaks).
Effective 22 April
2020 however, the IRCC has eased work restrictions for some international
students in that they are now authorized to work more than 20 hours even during
study sessions "provided they are working in an essential service or
function, such as health care, critical infrastructure, or the supply of food
or other critical goods."
"Critical infrastructure" is defined as
comprising the following sectors:
- Energy
and Utilities
- Information
and Communication Technologies
- Finance
- Health
- Food
- Water
- Transportation
- Safety
- Government
- Manufacturing
Please note however, that this is only a temporary
change that will be in place until 31 August 2020 only (unless extended by IRCC
as needed).
Online Courses
Another
significant change for international students is that if their classes in a
Canadian designated learning institution were moved to a purely online format
due to COVID-19, this will not affect the student's eligibility for a
postgraduation work permit upon completion of their studies. In a recent webinar interview with the IRCC
Minister Mendicino, he said that, if the student is already in Canada, they can
even take "up to 100% of their courses online".
If a student visa
had already been issued to international students who are scheduled to start in
May or June 2020 but who are unable to travel to Canada due to COVID-19, they
are allowed to start attending online classes from outside of Canada and may do
so for up to 50% of their study program without affecting their future
eligibility for a postgraduation work permit.
Again, this change
is temporary. Normally, online studies
could render an international student ineligible for a postgraduation work
permit. Thus, it is also important that
international students are keeping themselves updated as to when these
temporary changes will be lifted and immigration rules will return to 'normal'
once again.
Extension of
Time to Submit Documents
If the
international student has a pending immigration application and is being
required to submit certain requirements (e.g. biometrics, police certificates,
etc.) but is unable to do so due to COVID-19, IRCC will not refuse or return
the application but will automatically grant an extension of 90 days within
which the applicant may comply.
Although the
extension is supposedly "automatic" it may still be prudent to submit
a request for extension of time, to confirm the extension and avoid confusion
during this transition period, that may lead to a refusal of one's pending
application.
Express Entry
Draws Limited to CEC and PNP
Since 18 March
2020, the invitations to apply for permanent residence under the Express Entry
program have been limited to those qualified under the Canadian Experience
Class and the Provincial Nominee Program. This means that more international
students who have completed at least one year of qualifying work in Canada may be invited to apply for PR since
the Express Entry pool will exclude those who only qualify under the Federal
Skilled Worker class (most of whom do not have Canadian work experience and are
outside Canada).
Thus, former
international students (or even temporary foreign workers) who may have already
met the requirements for permanent residence under the Express Entry system but
feel that their CRS scores are too low, may want to post their profiles anyway,
in case the minimum CRS scores will be reduced further by the current exclusion
of other applicants (Federal Skilled Worker or Federal Skilled Trades classes).
With less candidates to choose from, the minimum CRS scores may be further
reduced and increase the chance that younger international students who have
studied here and formed part the Canadian labour market, will be picked in
future Express Entry draws.
The above are
meant for information purposes only and not as specific legal advice. To seek legal advice about your particular
situation, please consult a trusted immigration legal advisor.
As always, we
at Santos Law Office will be happy to assist with your Canadian immigration questions and concerns. Thank you
and stay safe.
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