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LMIA Exemption C43

by in Temporary Visa 4 March, 2021

International Mobility Program (IMP): Public policy – Post Graduation Work Permit – R205(c)(ii) LMIA Exemption Code C43

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html

The Post-Graduation Work Permit Program (PGWPP) allows students who have graduated from eligible Canadian designated learning institutions (DLIs) to obtain an open work permit to gain valuable Canadian work experience. Skilled Canadian work experience in National Occupational Classification (NOC) skill type 0 or skill level A or B that is gained through the PGWPP helps graduates qualify for permanent residence in Canada through the Canadian experience class within Express Entry

With a post-graduation work permit, as with all open work permits, graduates can

  • work full time
  • work part time
  • be self-employed

Validity:

A post-graduation work permit may be issued based on the length of the study program for a minimum of 8 months up to a maximum of 3 years

  • The program of study is at least 8 months and less than 2 years: The length of the work permit should coincide with the length of the program
  • The program of study is 2 years or longer: the length of the work permit should be 3 years
  • The student completed more than one program from an eligible DLI within 2 years: The length of the work permit should combine the length of each program
  • Accelerated studies: If a student completes their studies in less time than the normal length of the program (that is, they have accelerated their studies), the post-graduation work permit should be assessed on the length of the program of study
  • Distance learning: If more than 50% of the program, ineligible for a post-graduation work permit. If less than 50% of the program of study, the validity should be based on the length of the program, as confirmed by the eligible DLI, including credits earned from both in-class and distance-learning courses
  • Transfer between educational institutions: the combined length of study must be at least 8 months to qualify for a post-graduation work permit
  • Program with an overseas component:  they are eligible for the PGWPP, as long as they earn a Canadian educational credential from an eligible DLI. However, the length of the post-graduation work permit is based on the length of time they studied in Canada

Application:

Applicants must apply for a post-graduation work permit (PGWP) within 180 days of obtaining written confirmation, such as an official letter or transcript, from the designated learning institution (DLI) indicating that they have met the requirements for completing their program of study.

Calculation of the 180 days begins the day the student’s final marks are issued or the day formal written notification of program completion is received, whichever comes first

  • Applicants may apply for a PGWP from within Canada if
  • their study permit is still valid
  • they have a valid visitor record because they changed their status to visitor status before their study permit expired, while waiting for their notice of graduation from their institution, or simply to remain in Canada. However, they would not be eligible to work while waiting for a decision on their PGWP application as per paragraph R186(w)
  • they are on implied status, meaning they submitted an application to extend or change their status to visitor or student before the expiry date of their study permit and no decision has been made
  • Applicants whose study permit becomes invalid or expires must either
  • leave Canada and apply for a post-graduation work permit from overseas, or
  • apply to restore their status as a student by applying for a PGWP with the correct fees ($255) and paying the fees to restore their status as a student ($350)

Eligibility Requirement:

Applicants can receive only 1 post-graduation work permit in their lifetime.

To obtain a post-graduation work permit, the applicant must currently hold valid temporary status or have left Canada. They must have graduated from an eligible designated learning institution (DLI). They must also submit clear evidence that they meet all of the following criteria:

  • They have completed an academic, vocational or professional training program at an eligible institution in Canada that is at least 8 months in duration leading to a degree, diploma or certificate.
  • They 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. Exceptions can be made only for the following:
    • leave from studies
    • final academic session
  • They have received a transcript and an official letter from the eligible DLI confirming that they have met the requirements to complete their program of study.

Note: The transcript and official letter must be included in a post-graduation work permit application.

Within 180 days of the date of applying for the post-graduation work permit, applicants must also meet one of the following criteria:

  • They hold a valid study permit.
  • They held a study permit.
  • They were authorized to study in Canada without the requirement to obtain a study permit under paragraphs 188(1)(a) and (b) of the Immigration and Refugee Protection Regulations

Eligible programs and institutions:

The applicant must provide evidence that the program or programs of study were taken in Canada at one of the following eligible Canadian designated learning institutions (DLIs):

  • a public post-secondary institution, such as
    • a college
    • a trade or technical school
    • a university
    • CEGEP (in Quebec)
  • a private post-secondary institution that operates under the same rules and regulations as public institutions in Quebec
  • a private secondary or post-secondary institution in Quebec offering qualifying programs of 900 hours or longer leading to
    • a diploma of vocational studies (DVS)
    • an attestation of vocational specialization (AVS)
  • a Canadian, private institution authorized by provincial statute to confer degrees, such as an associate, bachelor’s, master’s or doctoral degree, but only if the student is enrolled in a program of study leading to a degree, as authorized by the province, which may not include all programs of study offered by the private institution

PWGP applicants and travel

Temporary resident visas (TRVs) for post-graduation work permit applicants

The following applies to applicants from countries whose nationals require a visa:

  • For post-graduation work permit 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

Electronic travel authorizations (eTAs) for post-graduation work permit applicants

eTAs for post-graduation work permit applicants from countries whose nationals do not require a visa are issued upon approval of the post-graduation work permit application. Clients who are eligible for an eTA through eTA expansion are also issued an eTA upon the issuance of the post-graduation work permit.

If an eTA is issued with a post-graduation work permit for an eTA expansion client, and the client holds a valid TRV, the officer should not cancel the existing TRV. Until it expires, the client can continue to use the TRV to travel to Canada by

  • air
  • land
  • sea

Travel before a decision is made on a post-graduation work permit application

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 either a valid

  • TRV, when they are from a country whose nationals require a visa
  • eTA, when they are from a country whose nationals are visa-exempt, and they are travelling to Canada by air

Applicants may also work in Canada while waiting for a decision on their post-graduation work permit application

Travel for permit holders

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
  • eTA, when they are from a country whose nationals are visa-exempt, and they are travelling to Canada by air

Still not sure what types of Work Permit is suitable for you?

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