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Working more than 40 hours

grimmbrother

Newbie
Jul 18, 2012
7
0
I'm on a student Visa. I have 2 jobs and sometimes my hours can reach between 43 and 46 but this is excluding 30 minute breaks. So far, I've been cancelling or giving away shifts that go over my 40 hours but I want to know if it's ok that it's going over just a little. I'm working 2 jobs during the summer. I'll quit one when school starts. Is it ok to do more than 40 or will the government be upset?
I also want to know if 30 minute breaks are factored into your overall hours? So If I calculate my hours and it comes to 46 but if you factor in lunch breaks and it comes down to 40, is that ok?

Thanks!
 

seton

Hero Member
Jun 6, 2012
513
61
Category........
Visa Office......
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Job Offer........
Pre-Assessed..
App. Filed.......
04-06-2012
AOR Received.
05-11-2012
Med's Request
15-02-2013
Med's Done....
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As far as I know, there is no stipulation on the maximum number of hours you can work during semester breaks. The restriction is 20 hours during a semester / while you are a full time student.
 

grimmbrother

Newbie
Jul 18, 2012
7
0
Really? My off campus work permit says 40 hours during summer breaks and reading weeks. That would be awesome if it were true!
 

seton

Hero Member
Jun 6, 2012
513
61
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
04-06-2012
AOR Received.
05-11-2012
Med's Request
15-02-2013
Med's Done....
21-02-2013
Passport Req..
04-04-2013
VISA ISSUED...
22-04-2013
LANDED..........
03-05-2013
http://www.cic.gc.ca/english/information/faq/study/index.asp

Are there any restrictions on how many hours I can work once I receive my off-campus work permit?

Once you receive your off-campus work permit, you can work up to 20 hours per week off campus while classes are in session. You can work full time during scheduled breaks, including summer or winter holidays and reading weeks.

While classes are in session, you must be studying full time and retain satisfactory academic standing to keep your off-campus work permit.
When I had an OCWP, my work permit never said 40 hours during scheduled breaks. The specific wording on mine was:

This work permit authorizes the holder to work off-campus up to a maximum of 20 hours per week during regular academic sessions and full-time during scheduled breaks.
However if your work permit explicitly says 40 hours, then you should only be working 40 hours period. The conditions stated on your work permit are your guide. In the Immigration and Refugee Protection Act Regulations (section 185), an immigration officer is free to impose whatever condition they want on your work permit that you must abide by.

An officer may impose, vary or cancel the following specific conditions on a temporary resident:
(a) the period authorized for their stay;
(b) the work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including
(i) the type of work,
(ii) the employer,
(iii) the location of the work,
(iv) the times and periods of the work, and
(v) in the case of a member of a crew, the period within which they must join the means of transportation;
(c) the studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including
(i) the type of studies or course,
(ii) the educational institution,
(iii) the location of the studies, and
(iv) the times and periods of the studies;
(d) the area within which they are permitted to travel or are prohibited from travelling in Canada; and
(e) the times and places at which they must report for
(i) medical examination, surveillance or treatment, or
(ii) the presentation of evidence of compliance with applicable conditions.
SOR/2004-167, s. 51(F).
As such, if they have explicitly stated 40 hours as a condition on your work permit, then this is what you must abide by. So to answer your question, no you are breaching the conditions of your work permit. It's up to you whether you consider those extra hours are worth the risks involved.
 

grimmbrother

Newbie
Jul 18, 2012
7
0
Mine has the exact same wording. Full-time. I spoke to the international student adviser at my university and she said the government will not chase me down for working a few more than 40 hours.
 

scorpion_ca

Hero Member
May 31, 2012
701
36
Job Offer........
Pre-Assessed..
grimmbrother said:
I'm on a student Visa. I have 2 jobs and sometimes my hours can reach between 43 and 46 but this is excluding 30 minute breaks. So far, I've been cancelling or giving away shifts that go over my 40 hours but I want to know if it's ok that it's going over just a little. I'm working 2 jobs during the summer. I'll quit one when school starts. Is it ok to do more than 40 or will the government be upset?
I also want to know if 30 minute breaks are factored into your overall hours? So If I calculate my hours and it comes to 46 but if you factor in lunch breaks and it comes down to 40, is that ok?

Thanks!
I have seen several students worked around 60 hours during summer breaks without any problem.
 

Mandishpillai

Newbie
Mar 10, 2018
1
0
it is bit confusing government is little tricky hear they just said full time but they didnt mentioned any guideline if any student works more than 40 hours during summer break is this offense or not , because student adviser is saying it is fine if student work morethan 40 hours similarly advocates says .
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
it is bit confusing government is little tricky hear they just said full time but they didnt mentioned any guideline if any student works more than 40 hours during summer break is this offense or not , because student adviser is saying it is fine if student work morethan 40 hours similarly advocates says .
It's not tricky at all. There is no upper limit for full-time. You can work as many hours as you want during your regular breaks.
 
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Sen88

Star Member
Sep 16, 2019
121
4
Mine has the exact same wording. Full-time. I spoke to the international student adviser at my university and she said the government will not chase me down for working a few more than 40 hours.
Any update? Were you able to work more than 40hrs without problem? And is it okay to work more than 20 hrs during studies?
 

Bs65

VIP Member
Mar 22, 2016
13,190
2,419
Any update? Were you able to work more than 40hrs without problem? And is it okay to work more than 20 hrs during studies?
Other than the special exception through end August allowing more than 20 hours due to COVID it is not ok to work more than 20 hours per week whilst studying, but only during scheduled breaks.

As for more than 40 hours during scheduled breaks or during the exception COVID period there is no such immigration rule that says cannot work 40,50, 60 hours or higher so can work as many hours as want to. There are possibly some provincial guidelines on working hours but those are separate from immigration/study guidelines.
 
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Sen88

Star Member
Sep 16, 2019
121
4
Other than the special exception through end August allowing more than 20 hours due to COVID it is not ok to work more than 20 hours per week whilst studying, but only during scheduled breaks.

As for more than 40 hours during scheduled breaks or during the exception COVID period there is no such rule that says full time is specifically 40,50, 60 hours or higher so can work as many hours as want to.
Thank you. What do you mean by scheduled breaks?

If my degree program is for 2 years and I got visa for 2 years, Am I able to take a break of 1 semester after 8 months of studies and work fulltime?

If yes, am I able to extend my study permit at the end? (2 years + 1 semester extension)
 

Bs65

VIP Member
Mar 22, 2016
13,190
2,419
Thank you. What do you mean by scheduled breaks?

If my degree program is for 2 years and I got visa for 2 years, Am I able to take a break of 1 semester after 8 months of studies and work fulltime?

If yes, am I able to extend my study permit at the end? (2 years + 1 semester extension)
A scheduled break is a break when there are no classes, not a break that you decide to take. So for example the summer break or Christmas holiday are the only times you could work full time. If you take an unscheduled break then you risk not qualifying for a PGWP .

official guidance here

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/work-off-campus.html#leave
 
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canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
Any update? Were you able to work more than 40hrs without problem? And is it okay to work more than 20 hrs during studies?
Given that you don't even have a study permit yet, expect that the allowance for working more than 20 hours during studies, which only applies to essential services workers, will be over before you get here.

Thank you. What do you mean by scheduled breaks?

If my degree program is for 2 years and I got visa for 2 years, Am I able to take a break of 1 semester after 8 months of studies and work fulltime?

If yes, am I able to extend my study permit at the end? (2 years + 1 semester extension)
A scheduled break means that the school has decided it is a break for everyone in the program. You don't get to schedule your own breaks to work more.
 

Marc1

Full Member
May 28, 2020
20
3
I am having a problem. I was accidentally working 26 hours as Doordash ( like SkipTheDishe) for only 1 week. On 13rd of April to 19th of April, a week before my summer break and that week is also a week before a new rule is enacted. Im so stressful right now, any advice? Thanks,