International graduates with expired or expiring post-graduation work permits can stay on in Canada for up to 18 months under the country's amended Post-Graduation Work Permit Program (PGWP) rules that allow all international graduates to obtain a work permit while in the country and gain work experience.
According to the new rules, which will come into force from April 6, all international graduates whose PGWP has expired in the first three months of this year and those who were eligible for the 2022 PGWP facilitative measure, will be able to apply for an additional 18-month work permit. Also, those whose work permits have expired will be able to restore their status even if the 90-day restoration procedure has passed.
It may be noted that international graduates are an important source of future permanent residents in Canada. Tens of thousands successfully transition to permanent residence each year, including more than 157,000 in 2021, a record high, and nearly 95,000 in 2022, the second-highest total ever.
At the end of 2022, more than 286,000 international graduates were in Canada with a valid post-graduation work permit. About 127,000 PGWPs expire in 2023, though about 67,000 PGWP holders have already applied for permanent residence and won’t need to extend their work permit through this initiative, according to the Canadian government’s official website.
What is PGWP?
This program allows students who have graduated from eligible Canadian designated learning institutions (DLIs) to get an open work permit to work in Canada. Skilled Canadian work experience in Training, Education, Experience and Responsibilities (TEER) categories that is gained through the PGWP program helps graduates qualify for permanent residence (PR) in Canada through the Canadian experience class within Express Entry category.
PGWPs are exempt from Labour Market Impact Assessments. They are considered open and coded as C43.
However, graduation from a DLI does not automatically make the student eligible for a PGWP. Also, a graduate gets only one PGWP in a lifetime.
PGWP Eligibility: To be eligible for PGWP, the applicant should:
• Have maintained full-time student status in Canada during each academic session of the program or programs of study they have completed and submitted as part of their post-graduation work permit application
• Be a holder of a valid study permit at the time of the PGWP application
• Be a full-time student enrolled at a DLI in a post-secondary academic, vocational or professional training program
• Be authorized to work off campus without a work permit, and
• Must not have exceeded the allowable hours of work.
• Graduates are not eligible for the post-graduation work permit (PGWP) if they graduated from a program that was delivered by a private career college under a curriculum licensing agreement with a public PGWP-eligible institution in another province.
PGWP Validity: The length of the PGWP depends on the length of the study program.
• Study program less than 8 months is not eligible for a PGWP.
• Study program at least 8 months but less than two years: PGWP of 8 months or length of the study program.
• Study program of 2 years or more: PGWP valid for 3 years.
• Those who have completed more than one program may get a PGWP that combines the length of each program. However, each program must be at least 8 months long.
Within 180 days of the date of applying for the PGWP, applicants must also meet one of the following criteria:
• Hold a valid study permit.
• Have held a study permit.
• Were authorized to study in Canada without the requirement to obtain a study permit.
Temporary resident visas (TRVs) for PGWP applicants from countries whose nationals require a visa:
• For PGWP applications submitted from outside Canada, a TRV is issued upon approval of the post-graduation work permit.
• For post-graduation work permit applications submitted from within Canada, a TRV is not issued upon approval of the application. The applicant must submit a separate TRV application if their TRV has expired, and they would like to travel outside Canada and return.
• Applicants should not apply for a TRV until they have received their work permit, as the TRV is issued only for the length of the applicant’s current status document or travel document, whichever has the earlier expiry date.
• Post-graduation work permit applicants who leave and seek to re-enter Canada before a decision is made on their application must be in possession of a valid TRV, when they are from a country whose nationals require a visa.
• Post-graduation work permit holders seeking to re-enter Canada from another country during the validity of their work permit must also be in possession of either a valid TRV, when they are from a country whose nationals require a visa, or eTA, when they are from a country whose nationals are visa-exempt, and they are travelling to Canada by air.
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