Question:
I have a question regarding my client who wishes to study in Canada as an international student.
She is planning to take the regular Early Childhood Education program at Seneca College. This course is a 2-year program (4 semesters). The program is being offered three times a year (commencing in January, May, and September). If a student decides to take the course continuously, he or she will finish in 1 year and 1 semester.
However, my client wishes to take the course in two years (2 semesters per year) to maximize her chance of obtaining a three-year post-graduation work permit.
She was told by the school’s international service advisor, “There is no fixed schedule for students. Students will be able to choose their timetable. She can only have one break if she is doing a diploma (2 years) program. She can have a break after her second semester.”
My client’s dilemma is that if she starts in January 2021, continues studying in the May 2021(summer) semester, and then takes a break in the September 2021(autumn) semester, will this be allowed by IRCC? Will this still be considered a “regularly scheduled break”?
I just don’t want to risk my client’s chance of getting a three year post-graduation work permit (“PGWP”) afterwards.
Answer:
Let us take a look at two scenarios:
1) The client takes a break in the fall after having completed two semesters of study; and
2) The client studies continuously for one year and one semester.
I am making an assumption that each semester is four months in duration based on the fact that the college has three possible start dates that are four months apart.
Scenario #1:
The potential consequences of this scenario are that the client is unable to work, and she is no longer eligible for a PGWP.
Ability to work
Section 186(v) of the
Immigration and Refugee Protection Regulations allows certain study permit holders to work full-time during a regularly scheduled break and no more than 20 hours per week during a regular academic session. Regularly scheduled break is defined in the operational instructions and guidelines as a break that is “part of the [Designated Learning Institution]’s academic calendar (for instance, winter and summer holidays, Reading Week)”.
[1] The guidelines further state:
If a program of study does not provide for a regularly scheduled break and a student creates their own break in a program, it is considered a leave from studies, rather than a regularly scheduled break. Students who create their own break in a program are not eligible to work on or off campus during that break.[2] Whether a break is a “regularly scheduled break” is largely a factual determination that is dependent on the institution’s guidelines and the specific program. It is important to have reference to school schedules, calendars, and other documents provided by the institution. Not all programs will have a scheduled break. If you depart from the model route of your academic program, you could be risking non-compliance.
In our opinion, the client in this scenario will not be able to work during the September (fall) semester if she decides to take the semester off. This is a self-generated break, which is not scheduled by the college. Our advice would be to take the program as taught by the school.
Jeopardizing PGWP
Students must maintain full-time student status in Canada during each academic session of the program or programs of study they have completed in order to be eligible for a PGWP.
[3] IRCC has tweeted:
If you have a regularly scheduled summer break in your program, you can take the summer off and still be eligible for a PGWP. If you are in a fast-track program that doesn’t have a summer break but you take the summer off, you’d no longer be eligible for a PGWP.
[4] Therefore, the client is risking her ability to apply for a PGWP by taking a leave from studies after her second semester. An officer could consider this to be an unauthorized leave from studies.
Scenario #2:
Will the client be eligible for a three-year Post-Graduation Work Permit if she studies continuously?
By way of background, post-graduation work permits are issued based on the length of the study of the program. If the program of study is at least 8 months and less than 2 years, then the work permit will be issued for the length of the program (i.e. a program lasting 8 months will lead to work permit lasting 8 months, and a program lasting 1.5 years will lead to a work permit lasting 1.5 years, etc.).
When the program of study is 2 years or more, the length of the work permit should be 3 years.
Based on the assumption I made above, if the client studies for four semesters straight, then she will have studied for 16 months. Whether these 16 months of study will lead to a three year work permit will depend on whether the officer considers this study to be accelerated.
With regards to accelerated studies, the operational instructions and guidelines state:
Accelerated studies
I
f a student completes their studies in less time than the normal length of the program (that is, they have accelerated their studies), the post-graduation work permit should be assessed on the length of the program of study.[5] Much like with the first scenario, the key here is the evidence that is provided by the learning institution. If the transcripts or official letter make it clear that the program is meant to be a two year program, but that the client completed it on an accelerated basis, then the client shouldn’t have an issue obtaining the PGWP. However, if this is not made explicit by the documentation provided by the institution, then it is possible the work permit will only have a duration of 16 months.
To summarize, whether or not the fall semester can be considered a regularly scheduled break is a factual determination that will depend on the college’s policies and program schedules. A client’s self-made break will not give her the ability to work. While increasing the period of study by creating a break may seem like a way to extend the period for the PGWP, in actuality it jeopardizes the client’s eligibility.
[5] https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program/permit.html#accelerated_studies