How to apply Study Permit amendment for off-campus work authorization

In 2024, the Canadian government updated the off-campus work regulations for international student visa holders, raising the maximum allowable weekly off-campus work hours from 20 to 24 for eligible students. This change, effective from the fall semester of 2024, offers international students more work opportunities and financial support. According to a statement from Immigration, Refugees and Citizenship Canada (IRCC) on June 21, 2024, these regulations outline the legal basis and eligibility requirements for students to work off-campus.

For students currently holding study permits without the necessary work authorization, they can apply for a study permit amendment (referred to as an “amendment”) to receive a new document that includes off-campus work permission. This allows them to apply for a Social Insurance Number (SIN), enabling them to legally work off-campus. For students seeking to gain Canadian work experience and supplement their living expenses, this is an important opportunity.

Reviewing Off-Campus Work Authorization on Study Permits and SIN Application Conditions

To be eligible for off-campus work authorization, study permit holders must meet certain conditions. According to Section 186 (v) of the Immigration and Refugee Protection Regulations (IRPR), students must be enrolled in a full-time academic, vocational, or professional program at a Designated Learning Institution (DLI), with a program length of at least six months. Additionally, students must maintain satisfactory academic status, meaning they must actively participate in their studies and meet the institution’s minimum academic requirements.

These legal bases are established in Section 30 (2) of the Immigration and Refugee Protection Act (IRPA), which clearly states that students can work off-campus as long as their studies are not compromised. The regulations also specify all requirements students must meet before working, including program type, length of study, and academic performance.

Applying for a SIN is a necessary step for students to work legally in Canada. Under the Social Insurance Number Regulations, students must have a valid study permit that clearly indicates work authorization in order to apply for a SIN. Without this number, students cannot engage in legal employment in Canada.

For students who do not initially qualify for off-campus work, they may apply for an amendment based on Section 215 of the IRPR to modify their study permit. This legal process allows students to have their eligibility re-examined after changes in their academic status and to receive new authorization to work legally under the updated conditions.

How Ineligible Students Can Qualify for a Visa Amendment

For students currently not eligible to work off-campus, there are several paths to meet the requirements. First, students can take third-party language proficiency exams, such as IELTS or TOEFL, to meet the admission standards for full-time programs at their target schools or faculties. By achieving the necessary scores, students can transition from language schools to full-time programs and thus meet the basic eligibility for off-campus work.

Second, students can enroll in adult extension education programs provided by schools or communities to obtain credits for Grade 12 English or communications courses in Canada. These credits can be used to meet the admission standards for their target programs, helping them meet the full-time study requirement.

If students are enrolled in full-time diploma preparation programs, they should complete the courses diligently and ensure they obtain an official acceptance letter from their target school and faculty. This will qualify them for an amendment.

Moreover, if students have taken a leave of absence during a regular semester, they are advised to resolve their current issues as soon as possible and return to school to continue their studies. This will help maintain their student status and meet the full-time study requirement.

How to Prepare for a Visa Amendment Application for Off-Campus Work Authorization

Preparing for a visa amendment requires attention to detail to ensure successful approval. First, students need to obtain and complete the following forms:

• Request to Amend Valid Temporary Resident Documents or Information Contained in the Confirmation of Permanent Residence (IMM 1436): This is the primary form to apply for amendments to existing study permit information.
• Use of a Representative (IMM 5476): This form must be completed if the applicant uses an immigration representative or consultant.
• Application Guide (IMM 5218): The guide provides detailed instructions on completing forms and the application process.

When preparing supporting documents from their school, students should provide:

• Proof of Enrollment: This proves the student is currently enrolled full-time at a DLI.
• Letter of Acceptance: The official acceptance letter from the school.
• Proof of Payment (supporting document): Shows that tuition fees have been paid, indicating the student’s commitment to continue studying.
• Transcripts (supporting document): These display academic performance and prove the student is maintaining satisfactory academic standing.
• Other Letters of Explanation (supporting documents): If there are special circumstances, they should be clearly explained in a letter.
• Urgent Processing Proof and Letter of Explanation (if applicable): For expedited requests, relevant documentation and an explanation letter should be provided.

When submitting the application, students must pay attention to how they send the physical documents, choosing appropriate mailing methods, and verifying the correct recipient address. Common mailing methods include:

• Regular Mail: Suitable for non-urgent applications but lacks tracking, posing a higher risk.
• Courier or Registered Mail: Provides tracking numbers and is ideal for those who want to ensure safe delivery.

Students should choose the appropriate mailing method based on their individual needs and urgency. To avoid delays or lost documents, it is recommended to use a method with tracking. Additionally, students should keep receipts and tracking information for future reference.

Comparing the Pros and Cons of a Visa Amendment vs. Reapplying for a Study Permit

When deciding between applying for an amendment or reapplying for a new study permit, students should consider several factors:

1. Time and Complexity: Amendments primarily focus on changing specific conditions, so the processing time is generally shorter. Reapplying for a new study permit may require a longer, more comprehensive review, including academic background and financial status.
2. Convenience: Amendments require submitting original documents by mail, which may be less convenient. Reapplying for a new study permit can be done online, avoiding the need to send originals.
3. Cost: Applying for an amendment is free, though students must pay for mailing costs. Reapplying for a new study permit involves an application fee, but no mailing costs are required.

Students should choose based on their urgency, convenience, and financial considerations. If time is a critical factor and the student meets the requirements, an amendment may be the faster option. If there is no immediate need and online convenience is preferred, reapplying for a new study permit may be more suitable.

Conclusion

In summary, the updated regulations for off-campus work for international students in Canada offer new opportunities. For students who do not yet qualify, applying for a visa amendment is essential to participate in off-campus work legally. Proper preparation of documents is key to a successful application. When deciding between an amendment or reapplying for a new study permit, students should consider factors such as time, convenience, and costs to find the most suitable option. By following the correct procedures, students can secure work authorization and take advantage of the new policy to support their academic and career growth.