Working in Canada with Expired Work Authorization

Introduction: Navigating Work Authorization in Canada

For international students in Canada, the Post-Graduation Work Permit (PGWP) offers a valuable opportunity to gain work experience. However, with the rising processing times for PGWPs, many graduates find themselves in a precarious situation when their interim work authorization nears expiration without a decision on their application. Understanding the current regulations and knowing the steps to take can alleviate concerns and ensure continued employment. This article provides a comprehensive guide for those whose work authorizations have expired or are about to expire, offering insights on how to remain compliant and reassure employers of their eligibility to work in Canada.

Understanding Interim Work Authorization

Interim work authorization letters are issued to international graduates who submit a PGWP application, allowing them to work while their application is processed. These letters typically have a validity period of 180 days. However, the current processing time for work permits in Canada is averaging around 227 days, creating a gap between the expiration of the interim authorization and the issuance of the PGWP.

Immigration, Refugees and Citizenship Canada (IRCC) has provided clear guidelines that graduates who meet all necessary criteria can continue working full-time even if their interim authorization has expired. It is crucial for graduates to comprehend their status and rights under Canadian immigration law to maintain lawful employment.

Criteria for Maintaining Work Status

To continue working while awaiting a PGWP decision, applicants must meet specific criteria. They should have held a valid study permit when submitting their PGWP application, completed their academic program, and have been eligible to work off-campus during their studies without exceeding permitted hours. Compliance with these criteria ensures that they remain in good standing with immigration regulations.

Documenting Your Work Eligibility

Employers might request further proof of work authorization from employees whose interim authorizations have expired. In such cases, applicants can provide additional documentation to demonstrate their continued eligibility to work in Canada.

Using IRCC's Web Form for Proof

One effective way to obtain proof of work authorization is through IRCC’s web form, an online tool for inquiries and requests related to immigration status. This platform allows applicants to request confirmation of their work authorization status, which can be presented to employers as evidence of their legal right to work.

Alternative Documentation

If immediate proof is required, applicants can present a combination of documents, including:

• An official letter or transcript from their educational institution confirming program completion.
• A copy of the study permit with specific notations about employment eligibility.
• The acknowledgment of receipt for the PGWP application, ensuring it was issued before the expiration of their study permit.

These documents collectively support the applicant's position and reassure employers of their compliance with Canadian immigration laws.

Conclusion: Ensuring Compliance and Peace of Mind

For international graduates in Canada, the transition from student to professional life involves navigating complex immigration processes. Understanding the nuances of work authorization and knowing the documentation required for verification ensures compliance with Canadian regulations. By taking proactive steps, graduates can maintain their employment status and continue to gain valuable work experience in Canada while awaiting their PGWP decision. It is essential to stay informed and utilize available resources to manage this transition smoothly, ensuring that employers are confident in the legality of their employees' work status.