Hiring International Students And Graduates For The Summer Season: Essential Guidelines For Canadian Employers

As the warm embrace of summer spreads across Canada, businesses often seek to bolster their teams by tapping into the rich pool of international students and recent graduates. These individuals can infuse organizations with fresh ideas and global perspectives. Nevertheless, employers must be well-versed in the specific legal frameworks governing the employment of international students for off-campus work and the hiring of new graduates in the workforce. Below is a comprehensive guide designed to ensure that your hiring practices remain compliant and efficient.

Understanding Off-Campus Work Regulations:

International students in Canada have the privilege of engaging in off-campus employment without the need for an additional work permit, under the condition that they are actively enrolled full-time at a recognized educational institution and satisfy other pertinent criteria. Throughout the academic year, these students may work up to 20 hours weekly. Full-time work is permissible during designated breaks, such as summer vacations. It is important to note that the temporary public policy that previously allowed full-time off-campus work under certain circumstances expired on April 30th, reverting to the 20-hour weekly limit.

Eligibility requirements for off-campus work are as follows, and all must be met:

• The student must be registered full-time at a Designated Learning Institution (DLI). In the summer, students must demonstrate full-time enrollment in the preceding semester and for the forthcoming semester.
• The student must be enrolled in:
  • A post-secondary academic, vocational, or professional training program, or
  • A secondary-level vocational training program (specific to Quebec)
• The study program must:
  • Be at least six months in duration and
  • Culminate in a degree, diploma, or certificate
• The student must have commenced their studies and cannot begin working before their program's start date if they arrive in Canada during the summer.
• The student must possess a valid Social Insurance Number (SIN).

Students are allowed to work part-time if they meet all of the above requirements, with part-time enrollment only permitted when::

• They are in their final semester and do not require a full course load to complete their program, and
• They were previously enrolled as full-time students in Canada until their final semester.

It is advisable for employers to ensure that international students hold a valid study permit and maintain full-time student status. Before employment, employers should obtain and keep a copy of the student's study permit and proof of their current full-time enrollment status.

Transitioning from Study to Work:

The Post-Graduation Work Permit (PGWP) Program is a pathway for international students who have concluded their studies to legally work in Canada post-graduation. It is essential for these individuals to cease working immediately upon completing their studies and to submit their PGWP application before resuming any employment activity.

To be eligible for a PGWP, students must provide evidence of completing their studies, such as final transcripts or an official letter from the educational institution. It is worth noting that the prior practice of "flagpoling" for PGWP at borders is no longer an option as of June 21st. All applications must be submitted online. After submitting the application, students are allowed to work full-time while awaiting the decision.

To be eligible to work full-time during the processing of the PGWP application submitted online, the following criteria must be met

• The student had a valid study permit when they applied.
• They have completed their study program.
• They were allowed to work off-campus without a work permit during their studies and did not exceed the permitted number of work hours.

Upon successful completion of their academic program, students must stop working until they have submitted their PGWP application. After submission, if eligibility criteria are met, candidates may work full-time while awaiting the processing of their application.

Best Practices for Employers:

For compliance and verification, employers should obtain and retain the following documentation from international students or graduates:

1. A copy of the student's valid study permit, which is necessary for off-campus work during their studies.
2. Documentation confirming full-time enrollment for the current academic session. If hiring occurs during the summer, proof of full-time enrollment from the previous and the upcoming session is required.
3. Official confirmation of program completion for recent graduates, such as a diploma or a letter from the institution.
4. Proof that the PGWP application has been submitted, which allows graduates to work full-time while they await the issuance of their work permit.
5. Written confirmation from the student stating that they did not exceed the permitted number of work hours during their studies.

The process of hiring international students and graduates indeed comes with its complexities. Nevertheless, by maintaining a proactive and informed approach, employers can seamlessly integrate this valuable talent into their workforce. It is crucial for employers to familiarize themselves with the nuances of the regulations and to keep an organized record of all pertinent documentation to ensure legal compliance.

Our team is prepared to support employers in navigating these regulations, providing guidance to ensure that all legal obligations are fulfilled. By upholding meticulous hiring practices and staying current with regulatory changes, your organization can leverage the unique skills and diverse perspectives that international students and graduates bring to the Canadian workplace, thereby enriching your team and contributing to a dynamic and inclusive work environment.

Remember, by investing in the proper onboarding and support for international talent, employers not only comply with immigration requirements but also set the stage for a productive and mutually beneficial employment relationship. Embracing this global talent pool can lead to a more innovative, adaptable, and successful business.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.