Canada work permit: Can protesting Indian students continue to stay on?
(Express Photo)For close to a month, Indian students in Canada have been protesting after their Post-Graduation Work Permit (PGWP) applications were refused, leaving them with a difficult choice. These students, who have completed nearly two years of study at Portage College and its former partner campuses in Alberta, Calgary, and Edmonton, have spent around Rs 30 lakh to Rs 50 lakh on tuition and living expenses. They said they had not anticipated a refusal of their work permits and had expected to work in Canada after completing their programmes.The refusals have reportedly cited concerns over the eligibility of the programmes, including whether they were credit-earning and qualified for a PGWP. Portage College has said immigration decisions are made by the Canadian federal agency Immigration, Refugees and Citizenship Canada (IRCC). It has advised affected graduates to seek independent immigration advice. The Canadian government has made it clear that those individuals whose PGWP applications have been refused and who do not have any other legal status to remain in Canada must leave the country. In such a situation, can these individuals maintain their legal status? Here’s what to know. What happens after the PGWP refusal? After a PGWP refusal, if the students do not have any other legal status to stay in Canada, they cannot continue working and have to leave the country. They may, where eligible, apply for restoration of status within 90 days of losing their status, but the refusal does not automatically give a student 90 days to remain in Canada. According to the IRCC, the 90-day provision relates to the restoration of temporary resident status after status has been lost; it is not a 90-day grace period following a PGWP refusal. Students must first check whether their study permit or another temporary resident status is still valid. A refusal of the PGWP does not, by itself, cancel a separate valid status.Story continues below this ad Does visitor or business status serve the purpose? A visitor record may allow an eligible person to remain temporarily in Canada, but visitor status does not provide permission to work. So, it should not be treated as an alternative to a PGWP. Similarly, a business visitor is permitted to undertake qualifying business activities but is not allowed to enter Canada’s labour market as an ordinary worker. A business visa therefore cannot be used as a substitute for a work permit. These options are also temporary in nature and do not provide students with a long-term route to study and work in Canada. Immigration experts said students should therefore be cautious about opting for short-term visitor or business routes merely to delay their departure, as this could leave them facing another immigration problem when that status expires. Students whose status has expired may examine restoration, while those who believe the PGWP refusal was legally incorrect can urgently explore judicial review. Already, most of the students have filed judicial review after their PGWP applications were rejected.Story continues below this ad Sumit Jain of Jain Overseas Consultancy and IELTS Centre, which is one of the largest immigration services centres in Jalandhar and also has an office in Canada, said students should not rely on social media claims that a PGWP refusal automatically gives them 90 days. Their immediate priority should be to establish their current status and then choose a lawful route. For students unable to remain legally in Canada, leaving the country is safer than overstaying. If they subsequently obtain the necessary PGWP under judicial review, they can return to Canada legally, said Jain. What is the safest option? According to Jain, students who genuinely want to continue their education in Canada legally are currently exploring the option of st
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