Hello, I just recently found out (I know, I'm stupid) that I am supposed to work only 20 hours a week off campus. Nothing was specified on my student visa nor was I told about it at all so I did not think too much of it. I have been working 20+ hour shifts for a few months now... I just recently changed my hours. Will I get caught when applying for PR or post graduation work permit? I understand that this is completely my fault. Just want to know if I still have a chance. Thanks.
Help needed!! Regarding student visa
- Thread starter kreop
- Start date
humdard
Star Member
- Jul 2, 2016
- 0
- Visa Office......
- Abu Dhabi
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 27-09-2016
- IELTS Request
- Submitted along with the application
- Med's Request
- 17-10-2016
- Med's Done....
- 18-10-2016
- Interview........
- Not needed at this time
- Passport Req..
- Submitted along with application
- VISA ISSUED...
- 09-01-2017 ( by god's grace)
- LANDED..........
- Inshallah
If u need an expert advise, I would suggest that u should consult with a consultant or lawyer who has experience as lot of people in this group usually post queries about the student visa.kreop said:
Hello,
So long as you're registered as a full-time student you're permitted to work off-campus up to 20 hours per week. This includes time when your school is on break. If you exceed the off-campus work hours then you will fail to comply with the terms and conditions of your study permit and you could be considered "non-compliant".
Bottom line is that by working more than the 20 maximum hours you are risking losing your whole study permit. This will also have a negative effect for any other future applications for CIC. You will be flagged. My advice is to follow the rule and cut back your hours right away.
If you are in your final term of study, within 90 days of graduation, you can apply for a post-graduation work permit which will extend your working conditions. If you are about to graduate and haven't thought of that, then now is the time.
Maybe this answers your question
So long as you're registered as a full-time student you're permitted to work off-campus up to 20 hours per week. This includes time when your school is on break. If you exceed the off-campus work hours then you will fail to comply with the terms and conditions of your study permit and you could be considered "non-compliant".
Bottom line is that by working more than the 20 maximum hours you are risking losing your whole study permit. This will also have a negative effect for any other future applications for CIC. You will be flagged. My advice is to follow the rule and cut back your hours right away.
If you are in your final term of study, within 90 days of graduation, you can apply for a post-graduation work permit which will extend your working conditions. If you are about to graduate and haven't thought of that, then now is the time.
Maybe this answers your question
So long as you are not exceeding the allowable working hours when you apply for PGWP you should be ok. The law states that you must cease immediately if you break the conditions of your permit, which under the study permit you have must not exceed 20 hours of work per week. Recall that the rationale for having students be able to work off campus while studying is not to support yourself financially, but to provide opportunities for students like yourself to gather Canadian work experience and contacts so you will have a clearer path to life after graduation (i.e. PR)
Having said that, you MUST have a valid study permit to apply for PGWP so best obey all the rules of that first.
Chris
Having said that, you MUST have a valid study permit to apply for PGWP so best obey all the rules of that first.
Chris
When you apply I would include a letter outlining your confusion with the 20 hours per week requirement. Indicate you stopped immediately once you found out, and that there is clear evidence of that. What is worse is if CIC finds out that you have not disclosed information. It counts as an inadmissible check, which would automatically disqualify you. So by you writing a letter admitting fault, will help secure a reference point for CIC
I really think the two issues are mutually exclusive, or at least will be under the eyes of the law. You are more likely to have your study permit revoked before having your PGWP declined. Here's what the regs say:
Non-compliance
Students who fail to comply with the terms and conditions of their study permits are considered non-compliant. Students who become ineligible and who do not cease working would be violating the conditions of their study permit. Non-compliance may also result in enforcement action taken by the Canada Border Services Agency, or invalidation of the study permit. It may also negatively affect future applications made under the Immigration and Refugee Protection Act and its regulations.
Non-compliance
Students who fail to comply with the terms and conditions of their study permits are considered non-compliant. Students who become ineligible and who do not cease working would be violating the conditions of their study permit. Non-compliance may also result in enforcement action taken by the Canada Border Services Agency, or invalidation of the study permit. It may also negatively affect future applications made under the Immigration and Refugee Protection Act and its regulations.
Hello again,
I am not sure if you will be able to legally appeal it since you did actually break the conditions of your study permit. The one card you have to play is that you did this unknowingly and unintentionally. If it came down to it, could you prove that? How would you prove you were unaware? - keeping in mind it is your responsibility to comply with the rules of the study permit. That why I believe by providing a letter, might be the only and best way to admit fault while at the same time providing formal evidence that you were unaware. What is MOST important is that you can prove you are currently working less than 20 hours per week and that it is reflected immediately with the date of which you found out. Honesty is the best practice, and if you were truly unaware, and didn't let it continue for a long period of time, I think you will be OK
I am not sure if you will be able to legally appeal it since you did actually break the conditions of your study permit. The one card you have to play is that you did this unknowingly and unintentionally. If it came down to it, could you prove that? How would you prove you were unaware? - keeping in mind it is your responsibility to comply with the rules of the study permit. That why I believe by providing a letter, might be the only and best way to admit fault while at the same time providing formal evidence that you were unaware. What is MOST important is that you can prove you are currently working less than 20 hours per week and that it is reflected immediately with the date of which you found out. Honesty is the best practice, and if you were truly unaware, and didn't let it continue for a long period of time, I think you will be OK
Also:
An officer shall not issue a work permit to a foreign national if:
the foreign national has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization unless:
(i) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition
Will it have been 6 months when you apply for your PGWP?
An officer shall not issue a work permit to a foreign national if:
the foreign national has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization unless:
(i) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition
Will it have been 6 months when you apply for your PGWP?
It would be around 5 and a half months. But I believe I have to apply for a PGWP within 90 days of receiving written confirmation from my institution indicating that I have met the requirements for completing my academic program. So should I essentially delay the application process for a week or two?chrbrow said:
Yes, you definitely should.
Also, should you ever be found inadmissible on the grounds the you violated to conditions of your study permit (by working more than 20 hrs. per week) you can appeal and cite R200(3)(e)(i). So long as you can prove 6 months has passed since you breached the conditions of your permit.
Also, should you ever be found inadmissible on the grounds the you violated to conditions of your study permit (by working more than 20 hrs. per week) you can appeal and cite R200(3)(e)(i). So long as you can prove 6 months has passed since you breached the conditions of your permit.