Switching from Work Permit to Study Permit Inside Canada

[bradae]

Hello guys. I have a question, I have already gone through the process about admission. So now My class will start on the 15th of October 2013. I am already admitted by the school that I'm studying in. But I haven't applied for a study permit yet. Now my question is, what if I received my study permit as early as August, can I still work until 1st of October? I still need to earn money before I start studying that's why I ask this question. Thanks.

 

[Aoji.KevinHan]

For international students, you can work when you're studying but with limited hours.

 

[orange_girl]

Hello guys. I have a question, I have already gone through the process about admission. So now My class will start on the 15th of October 2013. I am already admitted by the school that I'm studying in. But I haven't applied for a study permit yet. Now my question is, what if I received my study permit as early as August, can I still work until 1st of October? I still need to earn money before I start studying that's why I ask this question. Thanks.

You can continue working until your work permit expires. The fact that you will have a Study permit does not mean that your work permit is cancelled. You can work and study at the same time as long as you have both documents. You can call to CIC centre to confirm this information.

 

[bradae]

You can continue working until your work permit expires. The fact that you will have a Study permit does not mean that your work permit is cancelled. You can work and study at the same time as long as you have both documents. You can call to CIC centre to confirm this information.

Is this really true? Wow this is such a relief for me! Thanks for the info!

 

[bradae]

But According to my contract I shall be scheduled 40-44 hours per week but as a student I can only work part-time of 20 hrs per week. My follow up question is, if the employer would only give me 20 hours per week would that complicate with my LMO agreement?

Based on the HRSDC website:

12.3 Part-Time Work

Part-time job offers do not generally receive a positive labour market opinion because temporary foreign workers must support themselves financially while working in Canada. However, a collective agreement, industry or association that oversees an occupation may define full-time as being less than 30 hours per week. In these cases, the occupational standards prevail.

Some occupations are traditionally known to have working hours that vary from one week to the next. For example, a nurse may have a variable work week based on a 10-day shift rotation with six days on (for 12-hour shifts), followed by four days off. In these situations, offer of employment should be considered full-time as long as the average number of work hours per week is at least 30 (over a calculated and limited number of weeks).

There are limited exceptions to the full-time requirement:

The worker would reside outside Canada but work in Canada part-time. (In this case, the ability of the foreign worker to self-support is not an issue).
A request from two (or possibly more) employers for the same worker to fill part-time positions. The request must be coordinated by the employers and total hours must be full-time.

When assessing a labour market opinion application for part-time work, TFWP officers consider whether;

The job being offered is high skilled or falls under NOC skills C or D.
The temporary foreign worker is being offered a minimum of 30 hours per week or the work is considered full-time based on the standards for the occupation.
The worker will be able to support himself/herself while carrying out part-time work in Canada (especially workers in NOC skill levels C and D).

 

[interstudent.ca]

Hello guys. I have a question, I have already gone through the process about admission. So now My class will start on the 15th of October 2013. I am already admitted by the school that I'm studying in. But I haven't applied for a study permit yet. Now my question is, what if I received my study permit as early as August, can I still work until 1st of October? I still need to earn money before I start studying that's why I ask this question. Thanks.

There's no explicit limitation on applying for a work permit being a study permit holder. If you already have a WP, enjoy your rights and work while it's valid - the SP won't make it void.

 

[PMM]

Hi

There's no explicit limitation on applying for a work permit being a study permit holder. If you already have a WP, enjoy your rights and work while it's valid - the SP won't make it void.

Maybe the OP and you should look at the Study Permit when it is issued and read the conditions

183. (1) Subject to section 185, the following conditions are imposed on all temporary residents:

(a) to leave Canada by the end of the period authorized for their stay;

(b) to not work, unless authorized by this Part or Part 11;

 

[orange_girl]

But According to my contract I shall be scheduled 40-44 hours per week but as a student I can only work part-time of 20 hrs per week. My follow up question is, if the employer would only give me 20 hours per week would that complicate with my LMO agreement?

Based on the HRSDC website:

12.3 Part-Time Work

Part-time job offers do not generally receive a positive labour market opinion because temporary foreign workers must support themselves financially while working in Canada. However, a collective agreement, industry or association that oversees an occupation may define full-time as being less than 30 hours per week. In these cases, the occupational standards prevail.

Some occupations are traditionally known to have working hours that vary from one week to the next. For example, a nurse may have a variable work week based on a 10-day shift rotation with six days on (for 12-hour shifts), followed by four days off. In these situations, offer of employment should be considered full-time as long as the average number of work hours per week is at least 30 (over a calculated and limited number of weeks).

There are limited exceptions to the full-time requirement:

The worker would reside outside Canada but work in Canada part-time. (In this case, the ability of the foreign worker to self-support is not an issue).
A request from two (or possibly more) employers for the same worker to fill part-time positions. The request must be coordinated by the employers and total hours must be full-time.

When assessing a labour market opinion application for part-time work, TFWP officers consider whether;

The job being offered is high skilled or falls under NOC skills C or D.
The temporary foreign worker is being offered a minimum of 30 hours per week or the work is considered full-time based on the standards for the occupation.
The worker will be able to support himself/herself while carrying out part-time work in Canada (especially workers in NOC skill levels C and D).

As a foreign worker on a work permit you are allowed to apply for a study permit. You don't need to give up your status as a worker or work less hours. Only students who apply for a student work permit (off-campus) or students who want to work on campus have limitations like 20 hr/week. Even more than that, you actually may be eligible to pay Canadian fees for your tuition if your work permit states the name of the employer and province. I am writing this based on my own experience.

 

[bradae]

Now do I need to change my visa status from worker to a student? thank you all for your patience.

 

[orange_girl]

Now do I need to change my visa status from worker to a student? thank you all for your patience.

You don't need to apply for a student visa as long as you are working and can prove your employment every time you travel. In the future when your visa expires you can apply for student or worker visa again.

 

[enfield]

Hi,

You don't need to apply for a student visa as long as you are working and can prove your employment every time you travel. In the future when your visa expires you can apply for student or worker visa again.

1. You need a study permit (even if you have a valid work permit) for a course which is 6 months/more.

Only exception: You do not need SP if taking a course which is not academic/professional/vocational/non-credit hours/distance learning.

 

[orange_girl]

Hi,



1. You need a study permit (even if you have a valid work permit) for a course which is 6 months/more.

Only exception: You do not need SP if taking a course which is not academic/professional/vocational/non-credit hours/distance learning.

The question was about visa, not a study permit. It is clear that one needs a study permit to study in Canada even if he/she has a work permit.