How international students can remain in Canada without a PGWP

Author: Al Parsai, LL.M, RCIC-IRB
Last Updated On: November 26, 2024
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international students in Canada

Layla, a 24-year-old student from Algeria, will finish her studies in 2026. She dreams of working and staying in Canada, but recent changes in the Post-Graduation Work Permit (PGWP) requirements have put her future at risk. With these restrictions, she worries about her eligibility and searches for other ways to remain in Canada after graduation. Like many others, she now seeks alternative options to stay in the country she has grown to love.

A brief explanation of the new restrictions for PGWP

Canada recently changed its rules for Post-Graduation Work Permits (PGWP). For example, they must take language tests to qualify, and certain students may only apply if they have studied in specific fields. These changes could disqualify as many as 67,000 international students from remaining in Canada after finishing their studies. Of course, some of them may decide to leave Canada. However, if you want to stay in Canada despite not meeting the PGWP eligibility requirements, read the rest of this article.

Potential options for international students without PGWP

You still have many pathways to consider if you do not qualify for a PGWP. Let’s explore these options. However, keep in mind that none of these options are perfect.

Employer-based work permits (with or without LMIA)

International students who cannot qualify for a PGWP can consider employer-based work permits. They may secure an employer-specific work permit through a Labour Market Impact Assessment (LMIA). Alternatively, programs under the International Mobility Program might offer work permits without LMIA requirements. For example, francophones could qualify for the Francophone Mobility Program, or US and Mexican citizens could qualify under CUSMA for Professionals. Nonetheless, finding an employer willing to support them can take effort. Furthermore, beware of those who want to take advantage of you.

Being sponsored by a Canadian or PR spouse or common-law partner

Sponsorship can provide a pathway if an international student is in a genuine relationship with a Canadian citizen or permanent resident. The relationship must be authentic and not primarily for immigration purposes. This can lead to permanent residency, allowing the student to stay and work in Canada. While waiting for the application to conclude, these applicants may also apply for a work permit.

Using public policies if they apply to them

Public policies may provide an avenue for some international students. For instance, Canada currently has public policies for Ukrainians and Iranians affected by crises. Therefore, students from certain regions could benefit from such policies if they meet the specific requirements.

Changing status from student to visitor and applying for PR later

Another option is changing from student to visitor status. After transitioning to visitor status, students could explore pathways to apply for permanent residency under Provincial Nominee Programs (PNP) or Humanitarian and Compassionate (H&C) grounds. These options, however, can be time-consuming and may not apply to everyone.

Application for Temporary Resident Permit (TRP)

Students not qualifying for other permits may apply for a Temporary Resident Permit (TRP). TRPs are for individuals who are either inadmissible or do not meet the requirements of the Act (e.g., do not qualify for PGWP). However, there are convincing reasons for them to remain in Canada. This temporary solution might allow students to stay in Canada while seeking permanent options such as the Permit Holder Class.

Refugee claims

A refugee claim may be another option, but only if the student genuinely fears persecution in their home country. The refugee process is long and often complicated, and it should only be considered if there is a legitimate reason for the claim.

Apply for Pre-Removal Risk Assessment (PRRA)

If an international student receives a removal order, they might apply for a Pre-Removal Risk Assessment (PRRA). This process reviews the risk of persecution or danger if they return home. However, this option is only available under specific conditions and for those facing removal from Canada.

Book a consultation session with me to explore your options.

These pathways may help international students stay in Canada even if they do not qualify for a PGWP. Every situation is unique, and understanding the best route for you requires expertise. Therefore, consider booking a consultation with me to discuss your options and create a tailored plan for your future in Canada. Alternatively, you may fill out the following form to contact our team.

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    Al Parsai, LL.M, RCIC-IRB

    Al Parsai is a distinguished Regulated Canadian Immigration Consultant (L3 RCIC-IRB – Unrestricted Practice) hailing from vibrant Toronto, Canada. Al's academic achievements include an esteemed role as an adjunct professor at prestigious Queen's University Law School and Ashton College, as well as a Master of Laws (LLM) degree from York University (Osgood Hall Law School). A respected member of CICC, Al's insights are further enriched by his experience as the dynamic CEO of Parsai Immigration Services. Guiding thousands of applicants from over 55 countries through the immigration process since 2011, Al's articles offer a wealth of invaluable knowledge for readers.