Can students really work full-time under IRCC’s public policy?

Beware of unauthorized work! IRCC indicated on October 7, 2022 that there would be temporary public policy measures to allow some students to work full-time off-campus during full-time studies. However, the temporary public policy did not actually take effect until November 15, 2022. If you mistakenly started working full-time between October 7, 2022 until November 14, 2022, you likely worked without authorization.

Also, there are many details in the fine print of the public policy that are sure to trip up a number of students. Make sure to read IRCC”s details on Study Permits: Off-Campus Work very carefully.  Students must hold a valid study permit and IRCC must have received their study permit application on or before October 7, 2022. The study permit must be approved by IRCC. The policy only applies to students who are currently in Canada or will be entering Canada at a later date but prior to December 31, 2023.

In particular, you may be surprised to learn that students are not allowed to work off-campus full-time if:

• they are in a general interest program (like ESL/FSL) or 

• if they are taking a program of study that is a prerequisite to their enrolment at a DLI 

• if their program of study at a DLI is less than 6 months in duration

• Students cannot work until they have actually started their program of study in Canada at a DLI

• If taking an intensive program that has no regularly scheduled breaks, students cannot work full-time under the public policy

• If a DLI allows for scheduled breaks that are longer than 150 days, students are only eligible to work off campus during the first 150 consecutive days 

• If a program of studies does not have a regularly scheduled break and a student creates their own break, it is considered a leave from studies, and the student is not authorized to work at all

• Students must stop working as soon as their full-time status becomes part-time during a regular academic session

• If a DLI goes on strike during a regular academic session then students can only work part time (up to 20 hours a week) off campus

• As soon as a student receives written confirmation of program completion from their DLI, they are no longer authorized to continue to work in Canada at all until the day they submit their PGWP.

Make sure that you are honest when you apply for your PGWP or any subsequent study permit or visitor visa or visitor record or Permanent Resident application and that you disclose any periods of unauthorized work or study. Failing to properly disclose unauthorized work or study could result in you being refused your temporary status or being found inadmissible for misrepresentation and barred from Canada for 5 years. Make sure to discuss the details of your program of study and your periods of work with us before you submit your immigration application.

Speak to a Canadian Immigration Lawyer

If you have any questions about the temporary public policy, are concerned about possible unauthorized work, or are seeking more information on your particular immigration matter, we recommend booking a consultation with one of our Canadian immigration lawyers, who will be able to assist you further.