Tricky situation with my Student Work Permit

[WinterDancer]

Hello guys, thank you in advance for any help.

Long story short, came to Canada with a study permit (On-campus work allowed) to study English 4 years ago, then transferred to a full-time 4 year program without updating my study permit (this is important).

Decided to work off-campus and asked the college staff how to do so. They said 'Since you are in full-time program, no work permit is needed. Get a SIN num, don't work more than 20 hours, and you are good to go'. So I did, got my SIN number and found a part-time job, worked for 7 month once in a while with no exceeding 20h/week. Reported all earnings/paid taxes afterwards.

Now, 2 years later, after having co-op placement and co-op work permits, I'm applying for a PR via my husband's sponsorship (he's a citizen), found out that I had to (possibly, still not sure) have the permission to work off-campus on my study permit paper. Now I am wondering if that's going to affect my application in any way...

I know, it's my bad that I didn't notice this potential problem earlier, but what can I do with all this now? Is there any way to fix it?

Any help appreciated!
Thanks.

 

[WinterDancer]

Now filling up a new Work Permit application, and they ask if I worked illegally... Not sure if my case is illegal, completely lost here. Please help...

 

[pulkitkumar190]

Have you talked to immigration lawyer? Not sure, maybe they can help.

 

[Wonderland_1010]

Now filling up a new Work Permit application, and they

Hello guys, thank you in advance for any help.

Long story short, came to Canada with a study permit (On-campus work allowed) to study English 4 years ago, then transferred to a full-time 4 year program without updating my study permit (this is important).

Decided to work off-campus and asked the college staff how to do so. They said 'Since you are in full-time program, no work permit is needed. Get a SIN num, don't work more than 20 hours, and you are good to go'. So I did, got my SIN number and found a part-time job, worked for 7 month once in a while with no exceeding 20h/week. Reported all earnings/paid taxes afterwards.

Now, 2 years later, after having co-op placement and co-op work permits, I'm applying for a PR via my husband's sponsorship (he's a citizen), found out that I had to (possibly, still not sure) have the permission to work off-campus on my study permit paper. Now I am wondering if that's going to affect my application in any way...

I know, it's my bad that I didn't notice this potential problem earlier, but what can I do with all this now? Is there any way to fix it?

Any help appreciated!
Thanks.

It's been a while since I was also an international student but if I remember correctly, usually the study permit would state on the footnote that you are allowed to work off campus for 20 hours.

Does your study permit say that?

 

[WinterDancer]

Hi guys, sorry for the late response and thank you all for answering!

First of all, my study permit has only the 'can work on campus' statement, nothing else. But, I called my immigration lawyer today and she told me that 'can work off campus' statement is not needed anymore (since 2014) and you can work up to 20h/week off campus as long as you meet certain criteria.

I will post the link to criteria here for the future references, hopefully, it's going to help someone one day

• https://www.canada.ca/en/immigratio...rary-residents/study-permits/campus-work.html

So, thank god my situation is legal and I should not face any problems in the future.

Best of luck to you all

 

[rogelcorral]

Hi guys, sorry for the late response and thank you all for answering!

First of all, my study permit has only the 'can work on campus' statement, nothing else. But, I called my immigration lawyer today and she told me that 'can work off campus' statement is not needed anymore (since 2014) and you can work up to 20h/week off campus as long as you meet certain criteria.

I will post the link to criteria here for the future references, hopefully, it's going to help someone one day

• https://www.canada.ca/en/immigratio...rary-residents/study-permits/campus-work.html

So, thank god my situation is legal and I should not face any problems in the future.

Best of luck to you all

Seems to contradict this newer document (dated 2018-11-06 as opposed to the other link which is dated 2018-03-12):

https://www.canada.ca/en/immigratio...rvices/study-canada/work/work-off-campus.html

which states:

“If you meet all of these requirements, you can work off campus as an international student without a work permit:

• you have a study permit with a condition printed on it that allows you to work on or off campus

“

Any ideas?

 

[selvakk]

Seems to contradict this newer document (dated 2018-11-06 as opposed to the other link which is dated 2018-03-12):

https://www.canada.ca/en/immigratio...rvices/study-canada/work/work-off-campus.html

which states:

“If you meet all of these requirements, you can work off campus as an international student without a work permit:

• you have a study permit with a condition printed on it that allows you to work on or off campus

“

Any ideas?

According to their off campus work permit tool. If you have either of these two in your study permit you are allowed to work for 20 hrs.

(a) May work 20 hrs. per week off campus, or full time during regular breaks, if meeting criteria outlined in section 186(v) of IRPR.

(b) May accept employment on or off campus if meeting eligibility criteria as per R186(f), (v) or (w). Must cease working if no longer meeting these criteria.

I believe nowdays you can't even apply for off campus work permit seperately.

 

[rogelcorral]

According to their off campus work permit tool. If you have either of these two in your study permit you are allowed to work for 20 hrs.

(a) May work 20 hrs. per week off campus, or full time during regular breaks, if meeting criteria outlined in section 186(v) of IRPR.

(b) May accept employment on or off campus if meeting eligibility criteria as per R186(f), (v) or (w). Must cease working if no longer meeting these criteria.

I believe nowdays you can't even apply for off campus work permit seperately.

Yes, from what I understand, there is no more separate work permit for international students. That’s why the condition allowing international students to work off campus must be printed on the SP. But according to @WinterDancer’s immigration lawyer, even without the condition printed on the SP, an international student can work off campus so long as the eligibility criteria is met. So, off campus is now automatic for international students?

 

[selvakk]

Yes, from what I understand, there is no more separate work permit for international students. That’s why the condition allowing international students to work off campus must be printed on the SP. But according to @WinterDancer’s immigration lawyer, even without the condition printed on the SP, an international student can work off campus so long as the eligibility criteria is met. So, off campus is now automatic for international students?

I am assuming that the OP has the old type of visa and since post 2014 you can't apply for the permit seperately they are in the clear. Since they are a immigration lawyer I expect they have a clearer understanding of it.

 

[WinterDancer]

I am assuming that the OP has the old type of visa and since post 2014 you can't apply for the permit seperately they are in the clear. Since they are a immigration lawyer I expect they have a clearer understanding of it.

Correct, I received my visa before the 2014's updates

 

[rogelcorral]

Correct, I received my visa before the 2014's updates

So you are under the old rule then, and not the new?

Just to be clear, pre-2014 visas are also covered in the "no work permit necessary" but not in the "condition must be printed in SP"?

 

[russ6970]

I received my study visa in 2015 and that condition was on mine. Can work off campus. Although I didn't use it.

 

[selvakk]

So you are under the old rule then, and not the new?

Just to be clear, pre-2014 visas are also covered in the "no work permit necessary" but not in the "condition must be printed in SP"?

Pre-2014 you were allowed to work on campus and after 6 months of study only were you allowed to work off-campus. In addition to work off-campus you needed what was called an off-campus work permit which you needed to apply separately. Post 2014 the separate off-campus work permit was abolished and the same was printed on the study permit unless the student is doing a course in which the student is not eligible to work ( ESL classes for example). People who are in the transition period ( got the visa before 2014 rules but worked after rules were published ) can still work for 20 hours without getting the separate work permit since that system was abolished, even though the physical visa says otherwise.

 

[rogelcorral]

I received my study visa in 2015 and that condition was on mine. Can work off campus. Although I didn't use it.

There’s another recent thread here where a member said that condition is not necessary on the permit and that international students may accept work off-campus so long as the criteria is met. Just trying to clarify so that future applicants may be guided legally and properly. I, too, have the condition printed on my SP dated Nov 2018.

 

[rogelcorral]

Pre-2014 you were allowed to work on campus and after 6 months of study only were you allowed to work off-campus. In addition to work off-campus you needed what was called an off-campus work permit which you needed to apply separately. Post 2014 the separate off-campus work permit was abolished and the same was printed on the study permit unless the student is doing a course in which the student is not eligible to work ( ESL classes for example). People who are in the transition period ( got the visa before 2014 rules but worked after rules were published ) can still work for 20 hours without getting the separate work permit since that system was abolished, even though the physical visa says otherwise.

So it’s only for pre-2014 visas?