Work After Studies in Canada

Sana, a bright student from Pakistan, has just completed her studies in Canada. However, her study permit extension is still in process, putting her on maintained status. She wonders if she can apply for a Post-Graduation Work Permit (PGWP) while inside Canada. More importantly, she wants to know if she can start working immediately while waiting for the decision. Sana is eager to begin her career, but navigating Canadian immigration laws can be complex. Understanding who can work after studies is crucial to avoid legal trouble.

Which Students May Work Off Campus While Studying – R186(v)

International students may work off campus without a work permit under R186(v). They must hold a valid study permit and be full-time students at a designated learning institution (DLI). Moreover, they must be enrolled in a program that lasts at least eight months and leads to a diploma, degree, or certificate. Students cannot exceed 24 hours of work per week during academic sessions, except under specific public policies. Working beyond the allowed hours may result in losing status and becoming ineligible to work after studies.

Under What Circumstances a Study Permit Expires – R222

A study permit automatically becomes invalid under certain conditions:

• It expires 90 days after the student completes their studies.
• It expires on the date mentioned on the permit.
• IRCC cancels the permit.
• The student is no longer enrolled at their designated learning institution (DLI), unless they completed their studies.

However, certain individuals may be exempt under R222(2). Understanding when a study permit expires is essential for students who wish to work after studies.

Who May Work After Studies Under the Authority of R186(w)?

R186(w) allows students to work full-time after completing their studies if they meet these conditions:

• They had a valid study permit when they applied for a work permit.
• They met the off-campus work eligibility rules under R186(v) while studying.
• They applied for a work permit before their study permit expired.
• They can work while waiting for a decision on their work permit application.

If these conditions apply, the student may even leave Canada and when they come back continue working until there is a decision on their work permit application. Of course, they must hold a valid eTA or TRV to return to Canada. 

Scenario A: Study Permit Is Valid, and Studies Were Completed Less Than 90 Days Ago

A student with a valid study permit who finishes their program can apply for a PGWP if they meet other requirements. If they submit their PGWP application before their study permit expires, R186(w) applies. This means they can work full-time while waiting for a decision. This scenario is ideal for those who plan ahead and apply within the valid timeframe.

Scenario B: Studies Completed Between 90 and 180 Days Ago – Study Permit Expired

Once 90 days have passed after completing studies, the study permit automatically becomes invalid. Students cannot apply for a PGWP from within Canada. However, they can apply from outside Canada within 180 days. If they return before receiving their PGWP, they cannot work since R186(w) does not apply.

Scenario C: Studies Completed While on Maintained Status – PGWP Applied from Inside Canada

If a student finishes their studies while on maintained status, they face challenges. Maintained status does not count as a valid study permit under R199. Therefore, they cannot apply for a PGWP from inside Canada unless they first receive their new study permit. Upon receiving the study permit and submitting the PGWP application, they may work under the authority of R186(w). 

Scenario D: Studies Completed While on Maintained Status – PGWP Applied from Outside Canada

If a student leaves Canada while on maintained status, they can apply for a PGWP from abroad. This is often the best option for those ineligible to apply from within Canada. However, if they return to Canada before their PGWP is approved, they cannot work. R186(w) does not apply in this case, so they must wait for a decision.

Scenario E: Study Permit Expired Before PGWP Application

If a student lets their study permit expire before applying for a PGWP, they cannot apply from inside Canada. They must first restore their status as a student before applying for a PGWP. While waiting, they cannot work under R186(w) since their study permit was not valid when they applied. Alternatively, they may leave Canada and apply for PGWP from outside Canada. Nonetheless, they may resume working in Canada only if IRCC approves their work permit application. 

Scenario F: Study Permit Extension Refused Before PGWP Application

If a student applied for a study permit extension but it was refused before they applied for a PGWP, they are out of status. This means they must leave Canada and apply for a PGWP from abroad. If they re-enter before their PGWP is approved, they cannot work. R186(w) only applies if they had a valid study permit at the time of their PGWP application.

Book an Appointment with Me for Official Immigration Advice

Understanding Canadian work regulations after studies can be overwhelming. Each case is unique, and making the wrong move can impact future immigration status. If you need professional guidance tailored to your situation, book an appointment with me. Let’s ensure you follow the correct process and avoid unnecessary risks. Start your career in Canada the right way!