Immigration Corner | Son graduated from college and wants to stay in Canada

Dear Miss Powell, My son studied in Canada and then received a graduate work permit. That permit is about to expire, and he is worried that his work permit may now be renewed because of the changes. I am wondering what his options are to remain in Canada now. Please advise us as we are hoping that he could eventually get to live permanently. Your kind response would be appreciated. J.T. 

 Dear J.T.

 I have received several questions from international students wondering about their options to remain in Canada, since Immigration Refugee and Citizenship Canada (IRCC) has made several changes to the immigration policies. Your son and others should not panic as there are currently several options to remain in Canada and we remain hopeful that there will be new policy updates to assist graduates to become permanent residents. I will outline below the temporary and permanent options that are available.

Remain as a worker 

Your son may also apply to remain in Canada as a worker ,if he is able to get a job offer from an employer who has a positive labour market impact assessment report (LMIA), or from an employer who is authorized to hire an international worker without an LMIA report. This may qualify him for an employer specific work permit without having to leave Canada. 

Remain as a Visitor 

Your son may apply to remain in Canada as a visitor. He will not be able to work as a visitor however this will give him the opportunity to remain legally in Canada while he explores other options. He will need to provide proof that he is able to support himself financially and the reason for his wanting to spend more time in Canada. 

 Remain as a Student 

If you and your son the finances, then he may opt to do further studies and make an application to remain in Canada as a student. He will not get another Post Graduate work permit, but he will be able to work part time while he studies. So, if he did a Diploma/ Certificate previously, he could now do a bachelor’s degree. If he earned a bachelor’s degree, then he may now do a Post Graduate Diploma, or a master’s degree. If he earned a master’s degree, he may consider doing a PhD. 

Your son will need to have an acceptance letter and proof that he is able to afford further studies and that this additional study will satisfy the requirements under the new study permit rules. 

Graduates will need to be proactive and ensure that they apply at least thirty (30) days before the expiry of the post graduate work permit. If the PGWP expires before he can apply, then he will need to do an application to restore his status when he is applying for a visitor or work permit. The restoration must be submitted within 90 days of losing his status. 

  Permanent Options There are other options that he can consider to be able to legally remain in Canada permanently after his Post-Graduation Work Permit (PGWP) expires. 

1. Apply for Permanent Residence via Express Entry System. Under the express entry system, individuals who qualify to enter the pool must be able to meet the requirements under the Federal Skilled Worker Programme (FSWP), Canadian Experience Class (CEC), or the Federal Skilled Trades Programme (FSTP). If he has skilled work experience, this might be a good option, especially if his occupation falls within the in-demand occupation as selected by IRCC. 

2. Provincial Nominee Programmes (PNP): Almost all provinces have their own immigration programmes whereby individuals can be nominated to become a permanent resident. If your son received a nomination from a province that is aligned with the express entry system, and he could get additional points towards his comprehensive ranking system (CRS) score. This would mean that he would get an invitation to apply for permanent residence in a short period of time.

 3. Atlantic Immigration Program (AIP): If your son graduated from an Atlantic post-secondary institution and has a job offer in one of the Atlantic provinces, he may be eligible for this programme and could be granted permanent residence. 4. Rural and Northern Immigration Pilot (RNIP): If your son graduated from a publicly funded post-secondary institution in one of the select rural communities under this programme, he could qualify for this pilot programme. 

5. Temporary Policy: The Government introduced the Temporary Resident to Permanent Resident previously and although the programme ended in 2021, we are all hoping that the government will re-open this programme or come up with another one that can assist international students in Canada. This TR-to-PR pathway was a limited-time pathway to permanent residence which was available to certain temporary residents who are working in Canada and their families. 

 Each option outlined above has its own requirements and processes, so it's important to research each option, or request a consultation with a Canadian Lawyer to see which programme aligns best with your son’s goals and circumstances. 

  Deidre S. Powell is a lawyer, mediator, and notary public in Canada. You may connect with her on Facebook and Instagram. You may also request an online consultation via WhatsApp or call 613-695-8777.