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International Students Part 5 – Pathways to Permanent Residence Continued

23/8/2018

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Sometimes it feels like Canada's regulations and programs for Permanent Resident change on a weekly basis. In truth there are more than a dozen programs available at both the federal and provincial level and these programs are constantly changing and evolving. The answer to whether you qualify for permanent residence in Canada may change from month to month and is wholly dependent upon your individual circumstances. Therefore, it is impossible to summarize all the possible pathways to permanent residence but below are the highlights of the main programs currently available for skilled workers.

Canadian Experience Class (CEC)
You may qualify to apply for PR under CEC if:
  • You have strong English or French Skills
  • Have at least one year of Canadian work experience at a skilled or managerial level

This program is managed through the Express Entry system and therefore the applicants with the most points will qualify and be selected from the Express Entry pool. There is no specific requirement for a post-secondary degree or to have a job offer but these can increase your points and thereby increase your chance of having a successful CEC application.

Federal Skilled Worker Class (FSW)
You may qualify to apply for PR under the FSW class if:
  • You have strong English or French Skills
  • Have at least one year full-time experience at a skilled or managerial level
  • Have completed at least secondary education

Again this program is managed through the Express Entry system and the higher your points the more likely you are to be successful. Given the minimum scores that have been selected over the past year, applicants who are younger, have extremely good language skills and have either worked or studied in Canada are the most likely to succeed in this category.

Federal Skilled Trades Class (FST)
You may qualify to apply for PR under the FST class if:
  • You have strong English or French Skills
  • Have at least 2 years full-time experience in a skilled trade in the past 5 years
  • You have an offer of employment for at least one year OR a certificate of qualification in that skilled trade issued in Canada

Similar to the FSW and CEC this program is managed through the Express Entry system and the higher your points the more likely you are to be successful.

Provincial Nominee Program
There are numerous programs to attract skilled worker in each province, and the province of Quebec has its own specific program for permanent residents. While the requirements of each of these programs differ they often require strong language skills as well as a connection to the province such as having completed studies there or having a job offer from a local employer.

Atlantic Immigration Pilot
The Atlantic Immigration Pilot (AIP) is a partnership between the Government of Canada and the four Atlantic provinces (New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Island) and the aim of the AIP is to attract and retain talent in these provinces by offering a faster path to permanent residence.

The AIP allows employers in these provinces to hire qualified candidates for jobs that they have not been able to fill locally. In order to qualify you must have a job offer from a local employer and fall under one of the three programs: High-skilled Program, Intermediate-skilled Program and International Graduate Program (for those who have studied in one of the provinces).


Each step that you take will impact your ability to qualify under any of these programs in the future. Therefore if you are interested in planning out your pathway to permanent residence you should speak with an experienced immigration lawyer as soon as possible.
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International Students Part 4 – Pathways to permanent residence for international students

16/8/2018

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Over the past few weeks I have written about the options available for students who choose to study in Canada as international students. What happens when you complete your studies? Do you have any option for working or becoming a permanent resident in Canada? The good news is that in many cases, depending on your circumstances, the answer to these questions is yes and you may be able to work and go on to become a permanent resident of Canada.

Canada's immigration policy has shifted from attracting and processing skilled worker applicants from outside of Canada to encouraging international students and foreign workers already in Canada to apply for permanent residence. These candidates have already spent time in Canada, having studied or gained Canadian work experience, which so often is a barrier for the successful establishment of new immigrants to Canada. Therefore, after you complete your studies in Canada there are a number of different programs that may put you on a pathway to Canadian permanent residence.

Post-graduate work permit

After you graduate, you may be able to work temporarily, depending on where, what program and how long you studied. To work in Canada after you graduate, you need a work permit. The work experience you gain while working may help you qualify for permanent residence.

If you graduated from a designated learning institution, you may be eligible to apply for a post-graduation work permit (PGWP). Not all designated learning institutions make you eligible for a post-graduation work permit and therefore you must be careful in choosing where you study and the program you will enrol in.

To get a post-graduation work permit, you must:
  • be 18 or older when you apply
  • have continuously studied full-time in Canada in a study program at least eight months long
  • have a document from your school (transcript, official letter, certificate, etc.) that confirms you completed and passed all your program requirements
  • have graduated from a:
  • public post-secondary school, such as a college, trade/technical school or university, or CEGEP in Quebec or
  • private post-secondary school that operates under the same rules as public schools (currently applies only to certain private post-secondary institutions in Quebec) or
  • private secondary or post-secondary school (in Quebec) that offers qualifying programs of 900 hours or longer, leading to a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP) or
  • Canadian private school that can legally award degrees under provincial law (for example, Bachelors, Masters or Doctorate degree) but only if you are enrolled in a study programs leading to a degree as authorized by the province
  • apply for a work permit within 90 days of when it was confirmed that you completed your program and
  • have a valid study permit when you apply for the work permit.
  • If your program of study was less than eight months long or you studied for more than eight months but not continuously (for example, you took a semester off), or if you completed a study program by distance learning either from abroad or from within Canada you will not be eligible to obtain a PGWP. Also, recipients of certain scholarships, such as the Canadian Commonwealth Scholarship Program, are not eligible for the PGWP. Finally, the PGWP is a one-time opportunity: if you have already had a post-graduation work permit following any other program of study you will not be eligible to receive a second PGWP.

With a PGWP you will be able to work legally in Canada for the duration of your work permit. Any employer that wants to hire you will not need to go through the bureaucratic process of demonstrating why they need to hire a non-Canadian employee. And most importantly you will build up your work experience to help you in qualifying for one of Canada's immigration programs such as the Canada Experience Class, Federal Skilled Worker Program or one of the Provincial Nominee Programs. Therefore, it is extremely important that you ensure that your program of study qualifies you to receive a PGWP and that you apply in time and meet all the conditions in order to successfully obtain a PGWP if you wish to embark on a possible path to Canadian permanent residence.

What happens after you complete your studies and gain Canadian work experience? Next week I will be writing about the latest eligibility requirements of these pathways to permanent residence.
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Competition for International Students: How Canada's Strategies are Attracting the best and brightest

19/7/2018

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The total number of students studying outside their home country has more than doubled since 2001. According to UNIESCO data, in 2017 more than 4.6 million students were studying internationally. With the increased number of international students, countries around the world are creating programs to specifically attract these students and are in direct competition to attract the best and brightest students.

For example Germany's government announced plans in 2013 to increase its number of international students to 350,000 by 2020. With its recruitment plans it was able to reach this goal by the 2016-2017 academic year. Similarly Australia released a strategy in 2016 for international education and by October 2017, the country increased enrollment by international students by 15% over the previous year and had 350,000 international higher education students. Even China, which is the source of the most international students is now among one of the top host countries and it has announced ambitious plans to attract even more international students.

Canada too has hopes to attract 450,000 international students by 2022 and it is very close to achieving this goal as over 300,000 international students chose Canada for the 2017-2018 academic year. So how are international students choosing where to study and how has Canada been such an attractive option for international students?

Given the high calibre of Canada's universities and the wide range of college programs and diplomas it comes as no surprise that Canada is a top choice for international students. While University of Toronto, Waterloo and McGill are internationally renowned, studying at any of Canada's universities and colleges is regarded with great respect. In addition to the great reputation of Canadian universities and colleges, these institutions have created recruitment strategies to specifically increase awareness about their programs and opportunities to attract top talent. These efforts are paying off as more and more students are applying to study at Canadian colleges and universities across Canada.

Once a student has chosen Canada and obtained an acceptance, he or she must have a study permit to be able to study in Canada.The government has also stepped up its efforts to process the study permit applications for international students more quickly and with more reliability. The increased reliability of the visa process makes Canada a safer choice for international students.

Finally, one of the reasons why international students are attracted to Canada is because of the government of Canada's efforts in creating opportunities and pathways to permanent residence and citizenship for international students. Over the last decade, Canada has adopted immigration programs to retain international students upon the completion of their studies.

Students can work while they study and upon completing recognized degrees or diplomas in Canada they qualify for a post-graduate work permit allowing them to work in Canada for up to 3 years. In November 2016 the Express Entry system was changed to introduce points for international students who complete a recognized degree or diploma in Canada, making it easier for international students to become permanent residents. The provinces are also trying to retain international students and offer unique provincial nominee programs for international graduates in their province.

Over the next few weeks I will be writing more about the studying in Canada as an international student. If you have any specific issues you would like see covered please feel free to email me at zeynab@ziaielaw.com.
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    Authors: 
    Zeynab Ziaie 
    Zahra Ziaie 

    Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case. 

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