Dear Ms Powell,
I rely on your articles to help me with understanding Canada’s immigration rules. I now have an urgent matter. My son got through to study as an international student for a Canadian school. Due to corona, the government said that he could stay home and study online for up to six months. We were planning for him to go to Canada to finish up then out of the blue, no flights to Canada and more travel restrictions. We are already making a sacrifice for our son to have a better life in Canada, and we were advised that this was the best route. Now with these restrictions, we are wondering if he would qualify to live in Canada if he doesn’t get to finish up his studies and get Canadian work experience.
What is my best course of action as nobody seems to be answering the phones at the embassy? I look forward to seeing my answer in The Gleaner. Thank you.
Dear Concerned Mother,
The government of Canada is constantly monitoring the pandemic, the situation in our country, and from time to time, we can expect various new policies and orders to meet these challenges. These policies are constantly changing, and so my advice is based on the situation at the time of writing this article.
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LATEST POLICY DIRECTIVES
On Friday, February 12, the Immigration, Refugee and Citizenship (IRCC) minister announced that all students who are currently registered with post-secondary, designated learning institutions (DLI) may continue with their online studies within their home countries and not lose the opportunity to be granted a post-graduate work permit and to gain valuable Canadian work experience upon the successful completion of their studies.
This new policy is a further extension of the policies that were put in place regarding international students’ studies that were issued last year. This means that it is now possible for international students to complete their entire education online and still meet the criteria of being enrolled in a post-graduate work permit eligible programme.
This is a temporary change, as these measures are not intended to replace the existing Immigration and Refugee Protection Act regulations, but to assist international students and their families during these challenging times.
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EXPRESS ENTRY AND PERMANENT RESIDENCE
Students play a valuable role in the Canadian economy, and the government has always encouraged them to consider settlement in Canada after the completion of their studies. Students who choose to remain in Canada upon the completion of their education are usually well poised to apply for permanent residence under the Express Entry System. This system monitors economic programmes such as the Federal Skilled Worker Programme, Federal Skilled Trades Programme, the Canadian Experienced Class, and the Provincial Nomination Programmes.
Qualified international students are granted additional points for their Canadian post-secondary studies and work experience in Canada. This gives them the advantage of being among the top candidates in the express entry pool, resulting in them being granted an invitation to apply for permanent residence.
Therefore, do not give up hopes of a better future for your son. He can remain at home, continue his studies, and still be eligible for a post-graduate work permit.
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HOW TO QUALIFY FOR A POST-GRADUATION WORK PERMIT
These measures apply to all international students who are enrolled in a designated learning institution ( DLI) for a programme of at least eight months and, or will begin a programme in any semester from spring 2020 to fall 2021, or whose programme was already in progress since March 2020. You must have already been granted a study permit or approval for a study permit, or applied for a study permit prior to starting the programme which is ultimately approved.
There are other Post-Graduation Work Permit criteria that should be reassessed at least two months before the scheduled completion of the programme to ensure that you are aware of the latest policy directives.
This situation is changing daily, so you should check the various government websites and social media accounts for regular updates. Should you have any other issues or concerns, I recommend that you contact me via www.deidrepowell.com to book a telephone or Zoom meeting, so that we can discuss this further.
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Deidre S. Powell is a lawyer, mediator, and notary public with office located in Ottawa, Ontario. Email: info@deidrepowell.com. Subject line: Immigration. Find her on Twitter, Facebook, Instagram and LinkedIn, or call 613.695.8777.
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