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Information for International Students.page
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**BDO Immigration Services**
More details at: https://www.dropbox.com/s/v50a1p0ivuq7h4v/BDO%20Canada%20Immigration%20Services.pdf?dl=0
Contact: "Chow, Mark" <[email protected]>
Question: what is the best strategy for transitioning from international student to worker to permanent resident in Canada?
Solution:
**Step 1: Study permit**
- International students who have a valid study permit can work on or off campus for up to 20 hours per week during the school year, and up to 40 hours per week during scheduled breaks (winter break and summer). No work permit is necessary for this type of work.
- Within 90 days of receiving confirmation of graduation, students should apply for a post-grad work permit in order to facilitate their transition to Temporary Foreign Worker status
- For the period during which they are waiting for the post-grad work permit, students can work full time based on the conditions of their study permit, as long as it remains valid.
**Step 2: Post grad work permit**
- International students can obtain a post-graduate work permit for up to three years, depending on the length of their program of study
- Post-grad work permits are “open” meaning that they can work in any field, for any employer, anywhere in Canada
o Exceptions apply to those who are working in schools, health care/hospitals, and daycare settings, as those fields require a medical exam
o Should a medical exam be required, BDO can help find a panel physician and apply for an unrestricted work permit
- After one year of working in a skilled occupation, students should look to apply for permanent residence
**Step 3: Permanent Residence**
- Students with work and study experience have a couple options for obtaining permanent residence:
a) Canadian Experience Class: for those who have worked in Canada for at least one year in a skilled occupation
b) Provincial Nomination Program: depending on the province in which students may wish to settle, there could be facilitated processes through the PNP
c) Start Up Visa program: depending on the nature of the start-up, this may be a good option for some students looking to transition to PR. I would say it’s not as popular a choice as the other two, but is definitely worth mentioning.
- Depending on the processing times at application, it may be possible to have the PR completed before the post-grad work permit expires
- Having a PR application in process does not help maintain applicants’ temporary status as workers. They must ensure that the work permit is renewed before it expires
- Applicants who hold a post-grad work permit expiring in 4 months or less AND who have received an Acknowledgment of Receipt can apply for a bridging work permit. This is another open work permit to bridge them until the PR is issued. It is generally issued for a year in order to allow the PR application to be adjudicated.
** work permit extensions/applications/changes of conditions must be applied for online. Applicants should NOT try to apply at a land border crossing.
** applicants whose status documents are expiring should not travel outside of Canada around the period of their expiry.
Some exceptions may apply – it is best to confirm options with BDO
Please note that we work on a flat fee schedule, rather than an hourly rate, which is based on the complexity of each application category. Our clients appreciate the transparency and predictability of our fee structure because there are no (unpleasant) surprises at the end.
**Information for Hyperdrive which is relevant for students considering building a company in Canada without Canadian citizenship.**
This approach would most likely be available to applicants to the Hyperdrive program. Applicants to the Hyperdrive program may need to apply for a Visa depending on their country of residence. A complete list of countries whose citizens must obtain a visa to visit Canada is available here: http://www.cic.gc.ca/english/visit/visas.asp
In filling out the visa application, applicants can specify that they are business visitors. The requirements for this category of visa are as follows:
· The visitor intend to stay for less than six months and do not plan to enter the Canadian labour market
· The visitor’s main place of business and source of income is located outside Canada
· profits from the visitor’s business will accrue outside Canada
· the visitor can provide documents that support his or her application and
· the visitor meets Canada’s basic entry requirements. The visitor:
o has a valid travel document, such as a passport
o has enough money for your stay and to return home
o plans to leave Canada at the end of your visit and
o does not pose criminal, security or health risks to Canadians.
More details on this type of visa can be found here: http://www.cic.gc.ca/english/visit/business-who.asp
Upon arriving, the Hyperdrive applicant will need to present the following to the customs officer:
· a valid passport or travel document that will be valid until the end of his or her stay
· if applicable, a temporary resident visa
· letters of support from his or her parent company and a letter of invitation from the Canadian host business or a Letter of Recognition from Canada Border Services Agency (CBSA)
· a copy of any contracts or bills to support his or her visit
· 24-hour contact details of his or her business host in Canada and
· proof that he or she has enough money for both his or her stay in Canada and his or her return home.
Again, please note that this is a preliminary overview and further analysis and consultation should be performed prior to taking any steps towards admitting non-resident applicants and instructing them on how to obtain entry into Canada. Additionally, we cannot speak to the internal decision making procedures that are used to determine whether to grant a visas. If you wish to proceed with admitting a non-resident candidate, the next steps may be to speak to a senior Canadian immigration official to obtain more detailed information about the process.
In response to your question on immigration, there are three avenues that non-residents interested in the Hyperdrive program could pursue:
1. Immigration
2. Work Permit
3. Study Permit
Please note that what follows is a highly preliminary overview of the immigration process and further analysis and consultation should be performed prior to taking any steps towards admitting non-resident applicants and instructing them on how to obtain entry into Canada. Additionally, we cannot speak to the internal decision making procedures that are used to determine whether to grant a visa or temporary work permit. If you wish to proceed with admitting a non-resident candidate, the next steps may be to speak to a senior Canadian immigration official to obtain more detailed information about the process.
Immigration
The government operates a Business Immigration Program that seeks to attract business people to Canada. This program has categories of admission for investors, entrepreneurs and self-employed persons. Candidates for the Hyperdrive program would need to apply under the entrepreneur category. Unfortunately, the government has stopped accepting applications for the entrepreneur category of this program due to a substantial back log of applications.
The government has recently announced its intention to create a new class of visa specifically for start-up entrepreneurs (see news article here: http://www.techvibes.com/blog/canada-creates-new-class-of-visa-to-attract-tech-entrepreneurs-to-launch-startups-here-2012-09-11). This would replace the above suspended entrepreneur category. The government has stated it will reserve 2,750 visas per year for this category, compared to the 700 per year it issued last year under the old category. The new program is expected to be unveiled in full detail later this year.
Work Permit
A second approach that Hyperdrive candidates may be able to pursue is obtaining a temporary work permit. The availability of this option would depend on the specific nature of the relationship that Communitech has with its Hyperdrive candidates. In order to obtain a temporary work permit, an applicant must have a job offer from a Canadian employer and written confirmation from Human Resources and Skills Development Canada that the employer can hire a foreign worker to fill the job. The applicant must satisfy the visa officer that he or she will leave Canada at the end of the work permit and that he or she has enough money to support his or herself while in Canada. Temporary work permits can have a duration of up to 24 months.
Study Permit
In the event that Hyperdrive can qualify as an educational institution, it may be possible for non-resident candidates to apply for a study permit. In order to receive a study permit, an applicant must be accepted to a Canadian educational institution and demonstrate that he or she has enough money to pay for his or her tuition fees, living expenses, and return transportation. Additionally, the candidate must satisfy an immigration officer that the candidate will leave Canada at the end of his or her authorized stay.