February 29th, 2024 at 02:12 am

Foreign Nationals holding a Canadian Work Permit and a Study Permit

In Canada, it is possible for a foreign national to have both a study permit and a work permit. However, they must meet the eligibility requirements for both permits separately. Both of these work permits have separate eligibility restrictions. Furthermore, applicants who apply for work and study permits at the same time must demonstrate to the officer their ability to study and work together.

IRCC affirms that they can persuade the officer by providing a letter of explanation. This explanation letter must include an overview of how you expect to balance your academics and work.

Please keep in mind that digital candidates must include their letter of explanation in the document checklist’s client information area.

Study Permit Overview

A study permit provides legal authorization for a person to study at a Designated Learning Institution (DLI) in Canada. When applying for a study permit, a foreign person should be informed that certain eligibility requirements must be completed before submitting the application. In addition, certain conditions must be met throughout the student’s stay in Canada.

There are numerous processes involved in applying for a study permit, and processing periods vary widely from country to country, so prepare ahead to ensure your permit is approved before your study term begins. The bulk of Canadian post-secondary educational programs begin in September, January, or May, while some schools accept students outside these periods.

Because foreign nationals cannot apply for a study permit without an acceptance letter, they should confirm the start date and application process for their desired schools and programs well in advance to ensure they have enough time to obtain the acceptance letter and complete the study permit application.

Work Permit Overview

Temporary foreign workers in Canada need work permits.

The Temporary Foreign Worker Program (TFWP) and International Mobility Program offer work permits.

Candidates whose employers receive a favourable Labour Market Impact Assessment receive TFWP work permits.

A positive LMIA shows that no Canadian worker is available for the task and that a foreign worker is needed. Positive LMIAs are not needed for IMP work permits. Employers must submit job offers through their employer site.

Canada grants employer-specific and open work permits.

An employer-specific work permit

Employer-specific work permits have the following conditions:

• Employer name,
• Candidate work limit,
• Candidate work location.

An employer-specific work visa requires a positive Labour Market Impact Assessment (LMIA) or an offer of employment.

Open Work Permit

Open work permits let you work for any Canadian employer under certain conditions.

Key considerations for dual permit holders

Despite the potential of holding two permits at the same time, certain foreign citizens may choose to study in Canada without study permission, even if they also hold a work permit. Furthermore, showing two permits at once may affect a newcomer’s eligibility for other programs, such as the Post-Graduation Work Permit.

Foreign nationals with permission to study in Canada without having a study permit

Certain Canadian work permit holders may be able to study in the nation without having to produce their study permit. This is feasible in the following scenarios:

• They have a valid study permit issued to them before June 7, 2023.
• They received a letter authorizing them to work while their permission is being processed, which is expected to be on or before June 7, 2023.

According to the IRCC, this letter can help people who are waiting for a decision on their work visa.

The possible impact on their eligibility for certain programs

Permanent Residence

Certain Canadian work permit holders may be able to study in the nation without having to produce their study permit. This is feasible in the following scenarios:

• They have a valid study permit issued to them before June 7, 2023.
• They received a letter authorizing them to work while their permission is being processed, which is expected to be on or before June 7, 2023.

According to the IRCC, this letter can help people who are waiting for a decision on their work visa.

The possible impact on their eligibility for certain programs

Permanent Residence

Candidates who want to apply for permanent residency should keep in mind that gaining job experience while on a study visa will not count toward the work experience requirements of the majority of PR programs. However, you may exclude the above statement’s eligibility under the Federal Skilled Worker Program. In truth, Express Entry programs do not count work experience toward a student’s CRS score during a full-time study period.

IRCC regards the Comprehensive Ranking System as a vital tool for evaluating and ranking candidates prior to sending ITAs in an Express Entry lottery.

However, FSWP frequently allows applicants, under certain conditions, to use their obtained work experience while holding a study permit to meet the program’s basic qualifying requirements. This is not the case for candidates in the Canadian Experience Class or the Federal Skilled Trades Program.

It is also important to recognize that the minimum eligibility points and CRS scores differ significantly. The above types of work experience may help a candidate increase their minimal eligibility points. However, it will not improve their CRS ratings.

An applicant who wishes to supplement their work experience under the FSWP basic standards must include the following types of labour:

• Work must be full-time or part-time, paid with salaries or commissions, and
• Continuous for at least a year without interruptions.
• Complete all program prerequisites.

Post-Graduation Work Permit (PGWP)

To apply for a PGWP after completing their studies, international students with both a study and work permit must meet all program eligibility conditions.

Essentially, dual permit holders must maintain their full-time student status during all academic sessions, even if they work.

Conclusion

A dual permit holder may experience difficulties when attempting to meet the distinct qualifying requirements of both schemes. Furthermore, they may struggle to write a letter of explanation to justify their capacity to combine employment and studies simultaneously. However, those who want to have both study and work permits can engage with an immigration lawyer to make the procedure easier.

Regulated immigration professionals can assist newcomers in the following ways:

• Filling out thorough and correct applications.
• Ensuring that they don’t make mistakes during the permit process.

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