International students who were denied work permits to remain in Canada after graduation over the last two years have been handed a potential reprieve.
Graduates could be eligible for a free three-year open work permit and restoration of temporary resident status, depending when and why their applications were denied.
Immigration, Refugees and Citizenship Canada says the offer applies to all those who were rejected because they completed coursework by distance learning in their final study program.
Do You Qualify To Resubmit your Application?
Foreign nationals qualify if:
- They were refused a Post-Graduation Work Permit (PGWP) between September 1, 2014 and March 15, 2016.
- The reason for the refusal of the application was because they completed the majority of their coursework by distance learning.
- The entirety of their program of study, including transfer credits, was not considered when the determination was made that the majority of their coursework was by distance learning.
NOTE: Eligible candidates must put themselves forward for reconsideration.
The new rules apply only to graduates denied permits between September 1, 2014 and March 15, 2016.
Applications for restoration of status must be submitted by March 17, 2017.
New guidelines also waive two other requirements, specifically for those affected.
- Work permit applications from foreign nationals within Canada will be accepted. Normally they are only accepted from outside Canada.
- Applications will be accepted regardless of whether graduates have exceeded the 90-day deadline for applying to restore temporary resident status.
For more information on working in Canada after graduation, click here.
The move comes after a graduate successfully challenged the denial of a work permit via judicial review.
The case, Appidy versus Canada (Citizenship and Immigration, 2015 FC 1356), saw the Federal Court rule that all of an applicant’s post-secondary studies leading to their graduation should count towards a Post-Graduation Work Permit Application, not just the final program coursework.
The court also ruled credits transferred from a different institution should be considered.
Several graduates who applied within the last two years can now submit to be reassessed based on the outcome of the judicial review.
Fees waived
- Restoration of Temporary Resident Status fee ($200)
- Work Permit Application fee ($155)
- Open Work Permit Holder fee ($100)
International graduates are regarded as the gold standard of new permanent resident by Immigration Minister John McCallum. With Canadian experience and qualifications, they fit the profile of the type of immigrant that will easily integrate into society.
“Canada is an aging country, so we need new young immigrants to support our economy and help make it grow,” McCallum has said previously.
Numbers of international students have almost doubled since 2008, from just over 184,000 to nearly 355,000 in 2015.
Interested employers: Kindly contact us here to receive further information.
Interested candidates: Find out whether you qualify to Canada by completing our free on-line evaluation. We will provide you with our evaluation within 1-2 business days.
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