Some hopes for International Students in Canada who wish to obtain a permanent residence

April 29, 2016 · 8:19 pmImmigration
Some hopes for International Students in Canada who wish to obtain a permanent residence

When you study in Canada and like the country, you naturally consider staying here and making it your home. As of yet, we have never had a separate program for international students with a path towards residency. At present time only those who completed their studies at Canadian colleges and universities and gained practical experience working in Canada can be considered as candidates for permanent residence. For graduates there is no chance to demonstrate that they can contribute to the Canadian economy.

Our Liberal government is promising to change that unfairness and allow international student to apply for permanent residence. The government is now of the opinion that international students are our future work force and thus must be accommodated.

The government will be aiming at changing the existing Express Entry to introduce a new type of immigrant, international students.

How can international students become permanent residents?

International students have some of the strongest pathways to permanent residence because Canadian study and work experience earn points. A common route is a Post-Graduation Work Permit (PGWP), then permanent residence through Express Entry or a Provincial Nominee Program.

StepWhat it provides
Post-Graduation Work Permit (PGWP)Canadian work experience after graduating
Express Entry (CEC)PR for skilled Canadian work experience
Provincial Nominee (PNP)Province nominates in-demand graduates

Protect your study status first

Every pathway below depends on one thing: that your student status was in good standing. You must remain enrolled full-time at a designated learning institution and actively pursuing studies — IRCC receives compliance reporting from schools, and dropping below full-time, taking an unauthorized leave or working more hours than your permit allows can put both your status and your PGWP eligibility at risk. Students routinely lose the whole plan at this stage, long before they ever reach a permanent-residence application.

Choose the programme with permanent residence in mind

The decision that shapes everything is made before you arrive: which institution and which programme. Only graduates of eligible designated learning institutions can obtain a PGWP at all, and in many cases the field of study now determines eligibility as well. Programme length matters too, because it caps how long your work permit will be — and a permit shorter than a year gives you very little runway to accumulate the skilled Canadian experience that Express Entry rewards. Students who pick a school on cost alone frequently discover, two years and considerable tuition later, that no pathway was ever available to them.

The PGWP is a one-time, time-limited window

The Post-Graduation Work Permit is issued once in a lifetime, and you must apply within a limited period after receiving confirmation you completed your programme. Its length is tied to how long your studies were, and not every institution or programme qualifies — which is why the choice of school and programme is effectively an immigration decision made years in advance. Use that permit deliberately: the skilled work experience it buys is what qualifies you for the Canadian Experience Class.

Working while you study — and the hours that count

Study permits normally allow eligible full-time students to work off campus a limited number of hours during the academic term, and full-time during scheduled breaks. Two things matter here. Exceeding the permitted hours is unauthorized work — a compliance breach that can end your status and your future PGWP eligibility, not a minor infraction. And on the positive side, most part-time student work does not count toward the skilled experience Express Entry rewards; the experience that counts is what you accumulate after graduation on your PGWP, in a skilled occupation.

Do not let a criminal charge undo it

A single charge during your studies or PGWP can make you inadmissible and end every pathway at once. If you are not a citizen and are charged with anything, get advice on the immigration consequences before resolving it — see criminal inadmissibility and criminal matters.

These are IRCC and provincial applications; Karb Law’s legal team assists with the full process, and if a refusal or status issue reaches a hearing we represent clients before the IRB. Request a free assessment to map your route.

FAQ

Frequently asked questions

Can international students get permanent residence in Canada?

Yes. Studying in Canada often leads to a Post-Graduation Work Permit, and the Canadian work experience gained can qualify graduates for permanent residence through Express Entry’s Canadian Experience Class or a Provincial Nominee Program that targets in-demand graduates.

What is a Post-Graduation Work Permit?

A Post-Graduation Work Permit (PGWP) is an open work permit for graduates of eligible Canadian institutions. It lets you work for almost any employer and build the Canadian work experience that strengthens a permanent residence application.

Official resources

External links are provided for general information only and are not legal advice.

Angelina Shuster — Licensed Paralegal, Karb Law
Written by

Angelina Shuster

Licensed Paralegal · Law Society of Ontario

Angelina Shuster is a paralegal licensed by the Law Society of Ontario with 25 years of experience in Canada. Based at Karb Law’s office in Richmond Hill, she represents clients across Ontario and in immigration matters throughout Canada, and has helped thousands of people with immigration and legal matters — refugee claims, appeals, admissibility and detention reviews before the Immigration and Refugee Board, and summary-conviction criminal matters.

About Angelina Shuster & her credentials →
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