Temporary public policy to lift the limitation that eligible study permit holders can work without a work permit no more than 20 hours per week off-campus during regular academic sessions

Background

Employers across the Canadian economy are facing labour shortages, estimated to be as high as 1 million positions. Allowing international students to work more than 20 hours per week during academic sessions will help to temporarily fill these labour market needs.

Given subparagraph 186(v) of the Immigration and Refugee Protection Regulations (the Regulations), a public policy is required to allow international students, including those authorized to study under section 189 of the Regulations, to work more than 20 hours per week off campus without a work permit during academic sessions, if they are so inclined. Those who avail themselves of this opportunity could gain valuable work experience in Canada, help sustain Canada’s economic growth, and have additional income available to defray the costs of their studies and stay in Canada.

Public Policy Considerations

This public policy, pursuant to section 25.2 of the Immigration and Refugee Protection Act (the Act), will allow eligible foreign nationals who are studying full-time in Canada and who either hold a study permit or have applied to renew their study permit and are authorized to study under section 189 of the Regulations to work off‑campus without a work permit for more than 20 hours per week during regular academic sessions between November 15, 2022, and December 31, 2023, (or until this public policy is revoked, whichever comes first). To be eligible for this public policy, the foreign national’s study permit application must have been received by IRCC on or before October 7, 2022.

To assist in temporarily filling Canada’s labour market needs and help sustain Canada’s economic growth, international students who are eligible for this public policy and who are pursuing co-op placements and internships are included in the scope of this public policy.

As the hours worked in excess of 20 hours per week would be authorized, it would not negatively impact the student’s eligibility for subsequent study permits, work permits, and other immigration applications, provided they resume working no more than 20 hours per week off‑campus without a work permit during regular academic sessions after this public policy expires on December 31, 2023, or is revoked, whichever comes earlier.

I hereby establish that there are sufficient public policy considerations that justify the granting, in accordance with section 25.2 of the Act, exemptions from the requirements of the Regulations listed below to foreign nationals who meet the conditions set out below.

Conditions (eligibility requirements)

Part 1 – Study permit holders

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified below if:

The foreign national:

1. Holds a valid study permit and the application associated with that permit was received by IRCC on or before October 7, 2022;
2. Is a full-time student enrolled at a designated learning institution as defined in section 211.1 of the Regulations; and
3. Is enrolled in a program that is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary school level offered in Quebec, in each case, of a duration of six months or more that leads to a degree, diploma or certificate.

Part 2 – Former study permit holders who are studying under the authority of section 189 of the Regulations

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Regulations identified below if:

The foreign national:

1. Previously held a study permit;
2. Submitted an application under subsection 217(1) of the Regulations to renew their study permit before the study permit expired and that application for renewal was received by IRCC on or before October 7, 2022;
3. Is awaiting a decision on the application described in (2);
4. Is authorized to study without a study permit pursuant to section 189 of the Regulations;
5. Is a full-time student enrolled at a designated learning institution as defined in section 211.1 of the Regulations; and
6. Is enrolled in a program that is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary school level offered in Quebec, in each case, of a duration of six months or more that leads to a degree, diploma or certificate.

Provisions of the Regulations for which an exemption may be granted

For foreign nationals who meet the requirements of Part 1, above:

• The requirement in subparagraph 186(v)(iii) – for study permit holders to not engage in more than 20 hours of work per week without a work permit during regular academic sessions.

For foreign nationals who meet the requirements of Part 2, above:

• The requirement in paragraph 186(v) – to be the holder of a study permit;
• The requirement in subparagraph 186(v)(iii) –to not engage in more than 20 hours of work per week without a work permit during regular academic sessions.

Other Admissibility and Selection Criteria: Foreign nationals eligible under this public policy are subject to all other legislative obligations and admissibility and selection requirements not exempted under this, or another, public policy.

Effective Date and Expiration: This public policy will come into effect on November 15, 2022, and will expire on December 31, 2023. The public policy may be revoked at any time, without prior notice.

For greater certainty, foreign nationals eligible under this public policy will be subject to the limitation to not work more than 20 hours per week off-campus without a work permit during regular academic sessions once this public policy has expired, or is revoked, whichever comes earlier.