On March 17, 2023, the Honourable Sean Fraser, Minister of Immigration, Refugees, and Citizenship, announced that the Government of Canada will be passing special measures that will allow eligible former international students who hold a Post-Graduate Work Permit (PGWP) to apply for an extension or renewal of their Work Permit of up to 18 months.
Beginning April 6, 2023, former international students whose PGWP expired or is expiring in 2023 will be eligible to apply for an extension to their PGWP of up to 18 months. Former international students who applied for an extension to their PGWP under the 2022 special measures will be allowed to apply for an additional PGWP extension of up to 18 months under the new 2023 measures. Furthermore, eligible former international students whose PGWPs already expired and need restoration of status will be allowed to apply to restore their status even if they are beyond the 90-day restoration period, and will be able to apply for a new Work Permit and receive interim work authorization during the processing of their new Work Permit application.
Please see below for a summary of these developments:
1. No extensions to PGWPs prior to COVID-19
Previously, prior to the COVID-19 pandemic, PGWPs could not be extended.
As such, former international students who had obtained a PGWP at the completion of their studies usually had to apply for either permanent residence or another type of Work Permit if they wished to continue working and remaining in Canada after the expiry of their PGWP.
2. Special measures for PGWPs following COVID-19
Since COVID-19, the Government of Canada passed a set of measures in order to address labour shortages in Canada, and to help employers find and retain talented and qualified foreign workers.
Among the measures implemented during the COVID-19 pandemic, the Government of Canada passed measures that allowed former international students with PGWPs expiring between September 20, 2021 and December 31, 2022 to apply for an extension to their PGWP of up to 18 months. The measures also included the option to apply for interim work authorization for all holders of a PGWP expiring between September 20, 2021 and December 31, 2022, and an authorization for those who needed to restore their status to do so even if they were beyond the 90-day restoration period.
3. Additional special measures for PGWPs
As stated in the announcement of the Honourable Sean Fraser of March 17, 2023, the Government of Canada will be putting into effect additional special measures, as of approximately April 6, 2023, that will allow certain former international students who hold a PGWP that expired or is expiring in 2023, and who meet the eligibility criteria, to apply for an extension or renewal of their Work Permit of up to 18 months. Moreover, certain eligible former international students who held a PGWP will benefit from a special authorization allowing them to apply for a new Work Permit, receive interim work authorization during the processing of their application, and restore their status even if they are beyond the 90-day restoration period.
The Government of Canada stated that PGWP holders who are eligible to apply under the new 2023 PGWP special measures will receive a communication from IRCC informing them of their eligibility, in their IRCC Secure Account.
More detailed instructions and information are to follow in the coming weeks.
4. Closing remarks
The Government of Canada announcement of March 17, 2023 represents another important step to address Canada’s labour shortage and help Canadian employers in their efforts to find and retain qualified workers and talent. The 2023 PGWP special measures are also in line with recent initiatives led by IRCC such as the recent temporary pilot project to lift the 20-hour off campus work cap for certain qualifying international students. As we have throughout the years, the Gomberg Dalfen team will continue to keep you updated about recent and new developments in Canadian immigration law.
Message from the team:
Everyone at Gomberg Dalfen remains available to address any question, concern or mandate you may have. You will be able to reach us at our usual email addresses and telephone numbers. Gomberg Dalfen encourages all temporary workers and students whose status expires in the next 6 months to submit an application for renewal online, and to remain in Canada and to avoid all travel abroad during the processing of their application, as they may face complications to re-enter Canada. Contact one of our lawyers if you require assistance or have questions. Temporary workers and students who are interested in their eligibility for Canadian permanent residence are invited to contact us.
Please note: Information contained in this bulletin should not be taken as legal advice. The content of this bulletin is intended to be general and should not be relied upon for any individual case or situation.