Do You Want to Take a Study Break Without Risking Your Work Permit?

Taking a break from your studies as an international student in Canada can be a necessary step for various reasons, such as health issues, family emergencies, or personal circumstances. However, it’s important to understand the implications for your immigration status and eligibility for a postgraduate work permit. Even though it can seem strange, taking regular breaks can really increase your productivity compared to working continuously. If you are allowed to work while you study, it will be stated on your study permit. Depending on a number of factors, such as the duration of your program and whether the work is being done on or off campus, you may be able to work while you study. Here’s a guide to help you navigate this process while maintaining your eligibility for a work permit:

1. Understand the Regulations

As an international student in Canada, it’s important to adhere to specific study permit conditions:

• Continuous Enrollment: International students are generally required to remain enrolled in a DLI and actively pursue their studies throughout their stay in Canada.
• Authorized Leave: While enrolled, international students may take an authorized leave from their studies, typically for a maximum of 150 days. This allows flexibility for personal circumstances while ensuring compliance with immigration regulations.

Work Permit Eligibility:

• Off-Campus Work: To work off-campus, you must hold a valid study permit, be a full-time student at a DLI, and be enrolled in a program that leads to a degree, diploma, or certificate.
• Post-Graduation Work Permit (PGWP): To be eligible for a PGWP, you must have continuously studied full-time in Canada in a program of at least eight months duration. The Post-Graduation Work Program (PGWP) is the main choice for converting your study permit to a work permit. Under this program, foreign graduates of Canadian designated learning institutions (DLIs) may work in Canada for a maximum of three years following graduation.

2. Plan Your Break Carefully: Authorized Leave

If you need to take a break from your studies, it’s essential to ensure that the leave is authorized by your institution. This process includes obtaining written approval from your designated learning institution (DLI) confirming the leave. Additionally, you must inform Immigration, Refugees and Citizenship Canada (IRCC) about your authorized absence and provide the necessary documentation to support your case. Keeping IRCC informed helps you maintain compliance with immigration regulations and ensures that your study permit remains valid during your authorized leave. This proactive approach safeguards your immigration status in Canada while you take the necessary time away from your studies.

Duration of Leave: If your leave is within 150 days, you should be able to maintain your study permit and work eligibility. However, if your leave extends beyond 150 days, you may need to apply for a new study permit before resuming your studies.

3. Maintain Communication with IRCC and Your Institution

Notify IRCC by submitting all required documents, including your school’s approval of the leave and any other supporting documents. Stay updated by regularly checking your IRCC account for any updates or additional requirements.

4. Keep Your Study Permit Valid

To ensure your study permit remains valid during your leave, it’s crucial to not let it expire. If your permit is nearing its expiration date, make sure to apply for an extension to maintain your legal status in Canada. Additionally, if your leave impacts your enrollment status significantly, such as exceeding the permissible absence period, you may need to reapply for a new study permit when you return to Canada to continue your studies. This ensures that you comply with immigration regulations and can resume your academic pursuits without any legal complications.

5. Impact on Work Permit

• Off-Campus Work

During authorized leave from your studies, you may not be eligible to work off-campus since you are not actively enrolled. However, once you resume your studies full-time, you can regain eligibility to work off-campus in Canada. It’s important to adhere to these guidelines to ensure compliance with immigration regulations and to maintain your legal status while pursuing your education in Canada.

• Post-Graduation Work Permit (PGWP)

Continuous Study Requirement: Ensure that your break does not affect the continuity of your studies. An authorized leave approved by your DLI and IRCC should not impact your PGWP eligibility. To maintain compliance with the terms of your study visa as an international student in Canada, you must actively pursue your studies and move closer to finishing your program. If you don’t meet the requirements, you won’t comply with the terms of your immigration status in Canada, which might jeopardize your eligibility for a Post-Graduation Work Permit (PGWP), your study permit, and your ability to work on and off campus in the future.

6. Seek Professional Advice

Seeking professional advice is essential when navigating issues related to your study permit and immigration status in Canada. Start by consulting your school’s International Office, as they can offer personalized guidance based on your specific circumstances. They are knowledgeable about immigration policies and can help clarify any questions you may have regarding your leave of absence and its impact on your study permit. Additionally, if you have more complex concerns or legal questions, it’s advisable to seek assistance from an immigration lawyer or consultant who specializes in Canadian immigration law. They can provide expert advice and ensure that you understand all your options and obligations under Canadian immigration regulations.

It is important to plan and follow immigration laws when taking a break from your education in Canada to keep your study permit valid. Always get your institution’s consent before taking a leave of absence and notify the IRCC of it. Make sure your study permit is still in effect and be aware of how the leave can affect your ability to work. Through adherence to these guidelines and professional guidance as necessary, you can effectively manage your leave without endangering your immigration status or future employment prospects in Canada.