Narrowing The Talent Pipeline: Revisiting Eligibility For The Post-graduation Work Permit

In the Employer's guide to hiring international students¹, we previously explored the various forms of work authorization granted to international students and recent graduates. Part three of the series discussed the post-graduation work permit (PGWP), which was created for the purpose of allowing international students to gain Canadian work experience after graduating from eligible designated learning institutions (DLIs).

In the series' final installment, we focused on an employer's ability to employ a recent graduate who has applied for a PGWP, but who will not receive their work permit for several months. While employing a recent graduate during this interim period is often permitted, there are risks involved.

For those employers seeking to hire from this young pool of talent, a basic understanding of the PGWP's eligibility requirements can prove to be greatly beneficial. Such an understanding will enable an employer to:

1. Hire only those candidates who are likely to qualify for a PGWP, ensuring the efficient allocation of valuable resources (e.g., training);
2. Minimize the risk of employing foreign nationals who do not possess the necessary work authorization; and
3. Avoid the need to terminate candidates whose applications are unsuccessful.

Notably, significant changes have been made to the PGWP program during the past year or so. We will therefore consider the current state of the program's eligibility requirements below.

Notable changes to PGWP eligibility requirements

The greatest impact to the PGWP program can be traced to three recent developments in the program's eligibility requirements: (1) the introduction of a language requirement, (2) the introduction of the field-of-study requirement for certain applicants, and (3) a reduction in the number of eligible DLIs. We will briefly discuss each of these developments.

Language requirement

In order to qualify for a PGWP, applicants are now required to demonstrate a prescribed level of proficiency in either the English or French language. Consistent with other Canadian immigration programs, this proficiency must be demonstrated via one of the language tests approved by Immigration, Refugee and Citizenship Canada (IRCC). The results from any of the approved tests are converted to standardized scores using the Canadian Language Benchmark (for English language tests) or the Niveaux de compétence linguistique canadiens (for French language tests) (collectively, the CLB/NCLC).

Specifically, applicants must reach minimum CLB/NCLC scores in each of the four language areas (reading, writing, speaking and listening) in order to qualify for a PGWP. The minimum scores required are dictated by the applicant's program of study:

1. Applicants who completed a bachelor, master or doctoral degree, or, alternatively, a university program that did not result in a degree, must achieve CLB/NCLC scores of at least 7 (out of 10) in all four language areas.
2. Applicants who completed any other college, polytechnic or non-university program that did not result in a bachelor, master or doctoral degree must achieve CLB/NCLC scores of at least 5 (out of 10) in all four language areas.

Field-of-study requirement

The new field-of-study requirement applies only to those applicants who graduate from a program that did not result in a bachelor, master or doctoral degree. Prior to applying for a PGWP, such applicants (and perhaps, their prospective employers) should first determine whether their field of study meets the program's eligibility requirements.

By way of background, IRCC classifies all educational programs in accordance with the Classification of Instructional Programs (CIP) codes framework. In compiling the list of approved programs, IRCC selects fields of study that are linked to jobs in long-term shortage in Canada. The list of approved programs may therefore change based on the needs of the Canadian labour market.

Once an applicant confirms the applicable six digit CIP code for their educational program (which can typically be confirmed with their DLI), they can refer to IRCC's website in order to verify whether their field of study meets the PGWP program's eligibility requirements.²

Fewer eligible DLIs

Another method that IRCC has used to reduce participation in the PGWP program has been to limit the number of DLIs that can offer eligible programs of study. In this regard, one of the simplest steps that an employer can take in order to determine whether a particular candidate will be eligible for a PGWP is to confirm that they attended an eligible learning institution.

In order to make this determination, an employer need only refer to IRCC's DLI list³, select the option for DLIs offering PGWP-eligible programs and attempt to locate the candidate's educational institution. If this institution does not appear on the list, the employer can safely conclude that the candidate will be unable to obtain a PGWP.

Summary of current eligibility requirements

Currently, an applicant may only qualify for a PGWP if they have:

1. Never been previously issued a PGWP.
2. Graduated from an educational institution that appears on IRCC's list of PGWP-eligible institutions (as discussed above).
3. Completed an academic, vocational or professional training program in Canada that:
   • Was at least eight months in duration, and led to a degree, diploma or certificate; and
   • Led to a bachelor, master or doctoral degree, or, alternatively, the CIP code for the program of study appears in IRCC's list of PGWP-eligible fields of study (as discussed above).
4. Satisfied the language requirement applicable to their program of study (as discussed above).
5. Maintained full-time student status during each academic session of their program, with the exception of the final semester, which may be completed on a part-time basis if a full course load was not required to complete the program (among other limited exceptions).
6. Received written confirmation of completion of their program of study from their DLI, and have applied for their PGWP within 180 days of receiving this confirmation.
7. Held a study permit that was valid during the 180 days following graduation and prior to submission of the PGWP application.

Candidates who are unable to meet any of the above requirements will not qualify for the issuance of a PGWP.

Duration of a post-graduation work permit

In some cases, it can be useful for an employer to be able to determine, in advance, the likely duration of a candidate's PGWP. This knowledge can assist with predicting staffing needs in the short-term, as well as longer-term succession plans.

The validity period of a particular PGWP will be dictated by the level and duration of the study program:

As a general rule, international students are eligible for the issuance of only one PGWP in their lifetime. However, in those limited cases where the validity period of the PGWP was shortened due to the early expiry of the applicant's passport, it will be possible to extend the work permit for the remainder of the unused time. No other exceptions exist at this time.

Conclusion

Graduating international students can prove to be a great source of new talent for many organizations. However, those employers who have a firm grasp of PGWP eligibility requirements will be better equipped to make efficient hiring decisions, manage their staffing needs and minimize unnecessary risks for their organizations.

Footnotes

1 Part 1: Off-campus work; Part 2: Co-op work permits; Part 3: Completed program of study

2 See https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/eligibility/field-of-study/education.html.

3 See https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare/designated-learning-institutions-list.html.

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