Does the temporary relaxation of 20-hour limit on work off-campus apply to study permit extension this year?

[vicissitude]

I currently hold a study permit (or may be a study permit extension, since this is the third study permit I have during my PhD program) valid until Aug 31, 2023, which was applied last year before Oct 2022. As a result of the temporary policy, since I remain full-time status at school, I can work more than 20 hours off campus until Aug 31, 2023. However, I will have to extend my study permit further for a semester until Dec, 2023.

Can I still work off campus more than 20 hours after Aug 31, 2023 (before Dec 31, 2023) with my new study permit?

Can I still work off campus more than 20 hours after Aug 31, 2023 if I submit my application for study permit extension before Aug 31, 2023, but have not received it by Aug 31?

Thanks!

 

[vicissitude]

Called IRCC. It seems I can still work more than 20 hours after Aug 31, 2023 with study permit extension.

Previously, I worried due to the following information on the website (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html):

Off-campus work hours public policy and study permit extensions
The international student’s application for a study permit extension was received by IRCC after October 7, 2022

• If their presently valid study permit expires before November 15, 2022, the student is not eligible for the off-campus work hours public policy.
• If their presently valid study permit expires between November 15, 2022, and December 31, 2023, the student could be eligible for the off-campus work hours public policy between November 15, 2022, and the date on which their presently valid study permit expires.

For the second item, I previously thought the "presently valid study permit" means my current study permit expiring on Aug 31, 2023. However, the guy at IRCC says it should mean my study permit extension after Aug 31, 2023 when I'm in the maintained status after that waiting for my study permit extension. Then, it means, as long as my future study permit extension will expire before Dec 31, 2023, I satisfy the second condition and can work more than 20 hours off campus until the expiration date of my future study permit extension.

Hope it helps and would like to see more comments with relevant experience.

 

[khaled007sg]

HI @vicissitude, I am in the same situation. My study finishes on 31st Dec 2023 but my study permit expires on mid November. I have already applied for extension and awaiting decision. I already have secured a full time job but I am concerned that after Nov till end of Dec I cannot work full time and may lose my job. Can you please share your experience? Have you gotten the extension yet?

For the second point mentioned above, its a bit confusing, because 1) If you apply for study permit extension you won't know when the exact expiry of the study permit will be, I heard its usually 90 days later than study completion date and 2) It contradicts with below rule mentioned in IRCC website. Please let me know. I am super worried.


If you applied for a study permit extension after October 7, 2022
If your original study permit, which you’re applying to extend, expires between November 15, 2022, and December 31, 2023, you can work more than 20 hours per week off campus. You must stop working more than 20 hours per week on the day your original study permit expires.


When you must stop working over 20 hours off campus

You may be able to continue working over 20 hours off campus per week even after we approve your study permit extension application. The date you need to stop working more than 20 hours depends on the expiry date of your original study permit:

• If your original study permit expires in 2023, you can work over 20 hours off campus until the day it expires.
• If your original study permit expires in 2024, you can work over 20 hours off campus until December 31, 2023

 

[vicissitude]

HI @vicissitude, I am in the same situation. My study finishes on 31st Dec 2023 but my study permit expires on mid November. I have already applied for extension and awaiting decision. I already have secured a full time job but I am concerned that after Nov till end of Dec I cannot work full time and may lose my job. Can you please share your experience? Have you gotten the extension yet?

For the second point mentioned above, its a bit confusing, because 1) If you apply for study permit extension you won't know when the exact expiry of the study permit will be, I heard its usually 90 days later than study completion date and 2) It contradicts with below rule mentioned in IRCC website. Please let me know. I am super worried.


If you applied for a study permit extension after October 7, 2022
If your original study permit, which you’re applying to extend, expires between November 15, 2022, and December 31, 2023, you can work more than 20 hours per week off campus. You must stop working more than 20 hours per week on the day your original study permit expires.


When you must stop working over 20 hours off campus

You may be able to continue working over 20 hours off campus per week even after we approve your study permit extension application. The date you need to stop working more than 20 hours depends on the expiry date of your original study permit:

• If your original study permit expires in 2023, you can work over 20 hours off campus until the day it expires.
• If your original study permit expires in 2024, you can work over 20 hours off campus until December 31, 2023

Hi. A summary of my numerous inquiries is below:
- I contacted IRCC three times: two said yes (one of them doesn't seem to know it) and the other said no. I guess they don't need to take responsibility of what they say.
- I contacted McGill's Internation Student Services. They say it is pretty clear that the answer is no.
- My employer's immigration consultant also says no, after consulting with third-party lawyer.

At the end, I applied for the spouse open work permit at the port of entry since my partner has PGWP.

 

[khaled007sg]

Thats not cuul. I think the rule was updated recently as it shows updated 5 days ago. I am not sure what to do now. This sucks.

 

[vicissitude]

Thats not cuul. I think the rule was updated recently as it shows updated 5 days ago. I am not sure what to do now. This sucks.

I guess the best way is to find a responsible lawyer and if anything goes wrong, e.g. the lawyer mis-interprets the information, the lawyer is responsible for any consequences..

 

[Canada2020eh]

I guess the best way is to find a responsible lawyer and if anything goes wrong, e.g. the lawyer mis-interprets the information, the lawyer is responsible for any consequences..

Unfortunately that isn't true, a lawyer can give you advice of how they interpret the rules but ultimatly YOU are responsible to make sure you are following the rules properly, the lawyer will not be responsible for any consequences. If you don't have a definite answer you should err on the cautious side and go with the 20 hr rule until you can confirm otherwise.

 

[khaled007sg]

Unfortunately that isn't true, a lawyer can give you advice of how they interpret the rules but ultimatly YOU are responsible to make sure you are following the rules properly, the lawyer will not be responsible for any consequences. If you don't have a definite answer you should err on the cautious side and go with the 20 hr rule until you can confirm otherwise.

Thanks everyone for sharing your views. By any chance, do you know if we have a full time job offer but only work upto 20 hours a week until we apply for PGWP, is it ok? Or must it be mentioned in the contract? I saw the definition of full time in IRCC website it does not specify any number of hours as full time. Views please?

 

[ABC2023]

Called IRCC. It seems I can still work more than 20 hours after Aug 31, 2023 with study permit extension.

Previously, I worried due to the following information on the website (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html):

Off-campus work hours public policy and study permit extensions
The international student’s application for a study permit extension was received by IRCC after October 7, 2022

• If their presently valid study permit expires before November 15, 2022, the student is not eligible for the off-campus work hours public policy.
• If their presently valid study permit expires between November 15, 2022, and December 31, 2023, the student could be eligible for the off-campus work hours public policy between November 15, 2022, and the date on which their presently valid study permit expires.

For the second item, I previously thought the "presently valid study permit" means my current study permit expiring on Aug 31, 2023. However, the guy at IRCC says it should mean my study permit extension after Aug 31, 2023 when I'm in the maintained status after that waiting for my study permit extension. Then, it means, as long as my future study permit extension will expire before Dec 31, 2023, I satisfy the second condition and can work more than 20 hours off campus until the expiration date of my future study permit extension.

Hope it helps and would like to see more comments with relevant experience.

Hi, any updates in your situation?