But it doesn't have to be, law states (
https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-183.html):
"(b.1) the day on which the second of their permits becomes invalid, in the case of a temporary resident who has been issued a work permit and a study permit;"
So if a student on a study permit transition to a work permit, the second permit will be the work permit, and that supersedes the study permit's LEAVE BY date.
Thats just one clause of the regulation. There is more.
- Authorized period ends
(4) The period authorized for a temporary resident’s stay ends on the earliest of
- (a) the day on which the temporary resident leaves Canada without obtaining prior authorization to re-enter Canada;
- (b) the day on which their permit becomes invalid, in the case of a temporary resident who has been issued either a work permit or a study permit;
- (b.1) the day on which the second of their permits becomes invalid, in the case of a temporary resident who has been issued a work permit and a study permit;
- (c) the day on which any temporary resident permit issued to the temporary resident is no longer valid under section 63;
- (c.1) in the case of a person who is required by section 10.01 of the Act to provide their biometric information, the day on which the period of 10 years following the latest day on which the person provided their biometric information under section 10.01 of the Act ends; or
- (d) the day on which the period authorized under subsection (2) ends, if paragraphs (a) to (c) do not apply.
In different situation, end of authorized period can vary. For instance, someone on study permit who applied for work permit or even a visitor record can still stay in Canada on maintained status. So yes, the condition on study permit is a lie and misleading one. What IRPR and IRPA require you to do is to comply with them and not "LEAVE CANADA BY XYZ" date unlike what permit says. Thats the lie.
No it doesn't because Canada doesn't know that you want to transition to another status, in fact Canada assumes that you don't want to transition to another status by indicating a LEAVE BY date. Imagine if a study permit is given to an international student, but the permit also says "can remain in Canada indefinitely" or "leave when desired". Now that's absurd, and again if you transition to another status the former's LEAVE BY date gets invalidated.
The proper way is to word it like "The authorization to stay and study/work on this permit alone ends on XYZ date". Anything else is a misrepresentation. It can be further strengthened by addition of a condition like "You will leave Canada if you do not have an authorization to stay in Canada". Which is kind of redundant but then its better than how they misrepresent it presently. When you say "LEAVE BY XYZ DATE" the assumption is that one will not seek a further status.
If you argue that "Canada dos not know that you want to transition to another status" then it is illogical to argue that "Canada KNOWS that you DO NOT want to transition to another status". By saying "LEAVE BY XYZ" it is assuming that you will not seek another status, hence "LEAVE" because you are not having further authorization to stay.
The reality is, only authorization from that permit alone ends on that day. Wether one needs to leave by that date depends upon if they have authorization from elsewhere (such as maintained status etc).
Same point's as previous, law says the second permit, in which case the work permit, overrides the original LEAVE BY date. You cannot violate a condition you're no longer a subject of.
As I said before, there a different clauses which make sense in different situations. One can have another permit, one can have a maintained status too or there may be a temporary public policy that grants you an authorization to stay (this has happened during pandemic).
I'm not sure where you're getting that but looking at the website:
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/eligibility.html
That said if I'm a student trying to research if I can apply for a work permit inside Canada, I think this answers the question quite clearly. And if I'm not sure despite that information or maybe there's a case specific to me, then I should do the common sense thing and go talk to an reputable immigration lawyer.
I am not sure if this is related to this discussion. There can be situations in which a person can or can not apply for a new status. That does not absolves IRCC of lying on its authorization letter (the permit; study or work).
If unemployment levels are high, the government should revoke the privilege of international students to work and penalize any company who hire them.
Not so fast! There are legal doctrines regarding change of regulations or laws such as "grandfathering" -- (
https://www.investopedia.com/terms/g/grandfatherclause.asp#:~:text=A grandfather or legacy clause,often for a limited time.). This is to reach a fair compromise and avoid unfairness.
It is not possible to simply take away a privilege which was initially granted without providing a ramp off and it is often frowned upon or rejected in court of law.
That way the government can still rake in the sweet international tuition fee so as not to introduce a financial shock to the education system that relies quite heavily on these international student fees so much, while making sure these students cannot participate in the labor market at all.
Very likely, it will get challenged in court of law as an unfair policy. They can change policy that any study permit issued after XYZ date will NOT have a work authorization but revoking the existing privledge will lead to a legal quagmire.
But let's be real, unemployment is not the reason why the government is reducing international students, it's housing and with that sky high rental costs, it's affecting the voting Canadian population's perception of the government, a group of people which they desperately need to be on the good side of next year.
The Canadian immigration system is designed to benefit Canadians, not the incoming immigrants, whether its high-skilled labor, cheaper labor, or taking huge amount of tuition fees to keep universities going, it's all for the benefit of Canadians. If an aspiring immigrant can find a mutual benefit despite all of this then good for them, but if not ,the government shouldn't take the blame because they didn't force them to go to Canada in the first place. It's their decision; risk, reward and consequence included.
And while I don't personally approve of what they're doing to international students, like taking the huge disparities in tuition, I mean 2x or maybe 3x, is reasonable but like 4x or 5x that's insane. I also don't take the side of the students who aspire to use the study in Canada path to a PR, but didn't make a plan B if things go awry; the intention itself is fine, but not having a backup plan is their fault. It's like taking a business risk, where you want all the rewards but none of the consequences.
If anything else, the only thing that the government cannot be absolved of is the policies they enacted that negatively affected the local Canadians, for example, they let in too much that it drove rental prices sky high to the point that it affected Canadian citizens.
Thing is, for any government, to be a government and have a rule of law, they need to have a rules which follow established legal doctrines and due process. This is what separates a court from a kangaroo court and governments from mafia.
If your country does bait and switch as a legal policy (like enticing students with work authorizations and suddenly revoking working privledges), it will be termed as a mafia and not a government. If it does it as a habit, sooner than later people will wise up. There are legal and fair ways to achieve the desired policy goals -- like reducing intake and reducing or eliminating work authorization for incoming students but tactics that are foul will end up hurting Canada and will set really really bad precedent.