What is a post-graduation work permit?
A post-graduation work permit is an open work permit for international students who have graduated from a Canadian designated learning institution (DLI). It allows them to work for any employer, anywhere in Canada. This permit helps students gain Canadian work experience in skill types 0, A, or B, as outlined by Immigration, Refugees and Citizenship Canada (IRCC)’s National Occupational Classification (NOC).
What is a designated learning institution?
A PGWP application typically requires an acceptance letter from a designated learning institution. A DLI is a provincial or territorial government-approved school that accepts international students. The government of Canada considers all primary and secondary schools DLIs. Any post-secondary colleges or universities that are DLI eligible have specific identifying numbers to accompany applications.
Who is eligible for a post-graduation work permit program?
When hiring international students, it can be helpful to know about PWGP eligibility. Here’s a simplified breakdown:
- Applying from within Canada:
- Students can apply for a PGWP 180 days before graduating.
- They should have completed a program at a designated learning institution in Canada.
- To apply, students can provide proof of program completion, such as a degree, diploma, transcript, or official letter from their school.
- PGWP requirements:
- The study program lasts at least eight months and offers a certificate, diploma, or degree.
- Eligible institutions include public post-secondary schools, certain Quebec schools, and private DLIs authorized to grant degrees.
- Quebec schools have specific requirements, so checking if a program qualifies can be beneficial.
- General criteria:
- Students should have maintained full-time status during their studies, though exceptions exist for the final semester and approved leaves.
- They need a valid study permit at some point in the last 180 days before applying.
- Exceptions:
- Students aren’t eligible if their study permit expires more than 180 days before applying, they’ve already received a PGWP, or if they studied English or French as a second language, among other exclusions.
What are the employer’s responsibilities for post-graduation work permit program employees?
Staying informed can empower employers to integrate PGWP employees into their workforce, supporting the business and the employee’s career development. However, employers hiring through the PGWP program have some responsibilities to keep in mind:
Compliance with Canadian labour laws
Ensure that the working conditions, wages, and benefits provided to PGWP employees align with Canadian labour standards and employment laws.
Verification of work permit
Check that the employee’s PGWP is valid and allows them to work for your company. The PGWP is an open work permit, allowing employees to work for any employer across Canada.
Record keeping
Maintain accurate records of the employee’s work permit, including the start and end dates, to ensure they continue to be legally authorized to work during their employment with you.
Job offer requirements
While not always required for PGWP holders, having a clear job offer with defined roles and responsibilities can be beneficial. This may help set expectations and ensure compliance with labour laws.
Supporting permanent residency
If the employee plans to apply for permanent residency, you might need to provide documentation or references as part of the application process.
Workplace integration and training
You can help PGWP employees integrate into your workplace by providing the necessary training, support, and resources to help them understand their roles and company culture.
Monitoring work hours
Track the employee’s work hours to stay compliant with labour laws regarding overtime, breaks, and maximum work hours.
Health and safety compliance
Ensure that PGWP employees are aware and in compliance with all health and safety regulations in your workplace. Provide training on workplace safety standards as necessary.
Non-discrimination
Treat PGWP employees fairly, with no discrimination based on their immigration status. Give them equal access to opportunities for advancement, benefits, and other employment rights.
Reporting requirements
While PGWP employees don’t typically require ongoing reporting to the IRCC, being aware of conditions tied to their work permit can help keep your company compliant and report violations where necessary.
Termination and departure
If employment ends, especially before the work permit’s validity ends, you can help guide the employee on their next steps, particularly if they plan to remain in Canada.
Considerations for employers hiring international students
When hiring international students, ensure you follow proper procedures that align with Canadian immigration laws. Not doing so could lead to penalties, making it a good idea to reference-check the students you’re hiring to be sure they can legally work in Canada. You can do this by confirming that the applicants have valid study or work permits
Understand, however, that holding these permits doesn’t automatically mean they can work in Canada. To make sure everything is in order, consider the following steps:
- Create an internal policy. Develop a policy for hiring international students and ensure your hiring managers and HR team understand it.
- Ask for copies of permits. Ask for copies of the applicant’s study permit and, if applicable, work permit.
- Check study permits. Review the study permit for notes that authorize the student to work in Canada under section 186(v) of the Immigration and Refugee Protection Act (IRPR), which states the candidate:
- Is a full-time student at a DLI
- Is enrolled in a post-secondary program (or a vocational program at the secondary level in Quebec) that lasts a minimum of six months and leads to a degree, diploma, or certificate
- Can work full-time during breaks between academic sessions but are limited to 20 hours per week during regular school sessions
- Review work permits. If the applicant has a work permit, check that it’s open and not tied to a previous employer.
- Look for restrictions. Check that the permits do not contain conditions that would prevent the applicant from accepting your job offer.
- Verify enrollment. Ask for an official letter from the applicant’s school confirming their enrolment and good academic standing.
There are some situations where, even if a student meets the requirements, they might not be allowed to work. For example:
- Leave of absence: Students on a break from studies, including during school closures, cannot work during that time.
- Before classes start: Students who arrive in Canada before their program begins cannot work until their classes start.
FAQs about hiring post-graduation work permit program employees
Can I hire a PGWP holder for any position?
Yes, PGWP candidates can work in any role for any employer in Canada without needing a formal job offer because they have an open permit.
How long can a PGWP employee work for my company?
The IRCC typically issues PGWPs for a period equal to the length of the graduate’s study program, up to a maximum of three years. The permit’s expiration date will determine how long they can work.
What documents do I need to verify before hiring a PGWP candidate?
Consider checking the validity of their post-graduation work permit to ensure it remains active. You can also confirm their identity and any other standard employment documents.
Do PGWP employees have the same rights as Canadian workers?
Yes, PGWP employees have the same labour rights and protections as any other worker in Canada, including fair wages, access to benefits, and safe working conditions.
How can I help a PGWP employee apply for permanent residency?
You can support them by providing employment letters or references that verify their work experience. These documents can help them with their permanent residency application.
Can I terminate a PGWP employee before their permit expires?
Yes, PGWP holders are subject to the same employment laws as other employees, which means you can terminate their employment if necessary, following proper procedures and legal guidelines.