Immigration Corner | Work permit holder wants to study

Dear Miss Powell

I am currently in Canada on a work permit as a live-in caregiver. I am interested in doing a practical nursing or occupational therapist diploma, as I hope that with my work experience, I could get enough points to apply under the Express Entry System. I know I will qualify, as I used to be a science teacher back home and I have a degree. I realise I can qualify. I’m not sure if I would be permitted to study while I am working. I mentioned it to my employer, and she said it would be okay, as long as it doesn’t interfere with my duties. Can you tell me if I can apply for a study permit while I work? Thanks in advance.

PP

Dear PP,

Recently, Canada introduced a temporary public policy to allow some persons who are already in Canada on a work permit and those who are authorised to work without a permit, to study without a study permit. This new policy will expire on June 26, 2026.

HOW TO QUALIFY

If you had a valid Canadian work permit on June 7, 2023, you will be permitted to study without applying for a separate permit to study. In choosing your programme of study, you need to bear in mind that your programme must be completed before the expiry of your existing work permit, or before June 27, 2026, whichever date comes first.

If you applied for an extension of your work permit and it was still pending on June 7, 2023, then you are permitted to study, provided that your study will be completed before the date on which your work permit extension expires, or before the date your application for work permit extension was denied, or before June 27, 2026, which is the date when the public policy expires.

If you applied for a work permit extension, you will receive a letter which you may use to continue working. The letter is usually labelled as (WP-EXT except PGWP). You may use this letter along with the expired work permit as proof that you are eligible to work and study. This letter must be issued before June 7, 2023.

OTHER KEY FACTORS

If there are certain conditions on your work permit, these may be waived during the period of the public policy. However, you will need to discuss this with your employer to ensure that you are able to change the terms of your employment contract to facilitate your studies. Immigration, Refugees and Citizenship Canada will not be responsible for you if you lose your job as a result of not being able to fulfil your job duties while you choose to study.

APPLICATION FOR PERMANENT RESIDENCE

If you plan to apply for permanent residence, you should note that as a worker who is studying full-time, your work experience in Canada during this time will not give you extra points under the Express Entry and you will not be eligible under the Canadian Experience Class.

However, you will get points under the Federal Skilled Worker Programme for your full-time studies, provided that the studies were done at a designated learning institution. You should ensure that the programme you choose will be one that will allow you to get a post-graduate work permit.

I know the programme is new, so if you need additional information, you may request a telephone or Zoom meeting.

Deidre S. Powell is a lawyer, mediator, and notary public. Send your questions and comments to info@deidrepowell.com or call 613.695.8777 . Find her on Facebook and Instagram.