What are the work restrictions on a post grad work permit?

[Winter27996]

Hi guys, I'm just posting to ask a question..... I am on a work permit myself, as I await my PR application, but I just hired an employee that did not mention she required a work permit when I hired her.

To start with she did not bring in her work permit, and when I saw that her SIN started in a 9, I told her I needed her permit in order to process her paper work. It took her over a week to get it to me, and when she brought it in, it was just a study permit which allowed her to work 20 hours off campus while she was enrolled in university. However, she graduated in June. She then said that she had applied for the graduate work permit, and when I asked her to show me the confirmation email all she showed me was an application to renew her Temporary Residence.

Now, since I have never dealt with the study permits before (I have always either been on IEC open permits or OBWPs) I would like a little more information on this, as payroll is requesting that I investigate.

So, what can you tell me? Is she allowed to work?

 

[ibnbatuta]

I am not an expert on this topic. However from perusal of cic site the following facts emerge
1. You can work full time in regular vacation if you are enrolled which is till the official results come out ( about a month after completion of course ). After that you cannot work on study visa as you are not enrolled. So if the official transcript comes then she cannot work on study permit.
2. In the new new rules cic has however introduced R186w in the PGWP which allows the students to continue working even after completion of studies provided they have applied for PGWP . http://www.cic.gc.ca/english/resources/tools/temp/students/post-grad.asp
3. So technically if the worker is prima facile eligible for PGWP and has applied for the same he/ she can work till a decision is taken by the cic.

Just ensure that the worker has studied full time ( not part time ) , no gap in studies except for university breaks , has obtained the official transcript, applied for the PGWP before the expiration of the study permit and in that case there should not be any problem.

 

[ibnbatuta]

Between the period the official transcript comes out to the period that PGWP application is made she cannot work as she is no longer enrolled. So make sure that she applies for PGWP immediately.

It is for this reason that a student having a job and working on study permit after the completion of studies should immediately apply for PGWP the day the official transcript comes.

 

[mead]

90 days after graduation she wont be eligible for PGWP if she hasnt applied already...she graduated in june so 90 day period is very close. ru sure she has graduated? since she couldnt not produce PGWP application it would be good for u to check if she has indeed graduated.

 

[ibnbatuta]

From the facts stated by you ( OP ) it appears that she may have ( and should have ) already applied for PGWP. TRV EXTENTION can only be on account of EXTENTION of study permit ( which does not appear to be the case ) or on account of fresh application for VISITOR visa ( again highly improbable ) or account of application for PGWP. The first two option being remote it is highly probable that the request for EXTENTION of TRV would have been on account of PGWP.

 

[Winter27996]

Thanks guys!! What I ended up doing was letting her know that since she hadn't been forthcoming when asked about her work permit, and since it took her too long to get it to me, that we would just have to let her go. She can reapply when she has her Graduate wok permit, but until then, it is too questionable for me to take the risk.

 

[mead]

Thanks guys!! What I ended up doing was letting her know that since she hadn't been forthcoming when asked about her work permit, and since it took her too long to get it to me, that we would just have to let her go. She can reapply when she has her Graduate wok permit, but until then, it is too questionable for me to take the risk.

wise decision.....it was very doggy to begin with

 

[God of war]

Hi guys, I'm just posting to ask a question..... I am on a work permit myself, as I await my PR application, but I just hired an employee that did not mention she required a work permit when I hired her.

To start with she did not bring in her work permit, and when I saw that her SIN started in a 9, I told her I needed her permit in order to process her paper work. It took her over a week to get it to me, and when she brought it in, it was just a study permit which allowed her to work 20 hours off campus while she was enrolled in university. However, she graduated in June. She then said that she had applied for the graduate work permit, and when I asked her to show me the confirmation email all she showed me was an application to renew her Temporary Residence.

Now, since I have never dealt with the study permits before (I have always either been on IEC open permits or OBWPs) I would like a little more information on this, as payroll is requesting that I investigate.

So, what can you tell me? Is she allowed to work?

If she holds a co-op work permit then also she is eligible to work full-time.

 

[ibnbatuta]

No. the coop work permit is not valid as the day you pass out ( after the transcript is officialy available ) you are no longer enrolled in the university.

Technically you cannot do off campus work also after that even though you may be having a study permit and off campus work permit ( pre-june2014 ). The correct step is always to immediately apply for PGWP coupled with extention of TRV. During the bridging period you are allowed to work after June 2014 full time without any restriction.

 

[Winter27996]

Glad I made the right decision. Thankyou for all your help guys