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When a person in Canada applies for an open work permit as the partner of an international student or foreign worker, or applies for a Post-Graduation Work Permit, they should be aware that the permit will be issued with a note stating that they may not work in any of these three specific areas:
However, there are those who find work in these fields and later face a serious problem when applying for permanent residence: the officer realizes that they omitted this detail and, as a result, rules that their Canadian experience is inadmissible.
To avoid breaking the law while working in Canada, I will address the issue by focusing on the solution—the Upfront Medical Exam —and the correct procedure for working in these areas without restrictive conditions.
The Upfront Medical Exam is a health assessment conducted by a licensed physician (Panel Physician) on behalf of Immigration, Refugees and Citizenship Canada (IRCC).
At the end of the appointment, the doctor will give you a sheet with the form eMedical form (or test report), which must be included with your immigration application to IRCC.
Taking this exam allows IRCC to verify that you do not have any serious or contagious illnesses that would pose a risk to public health in Canada or place an excessive burden on the healthcare system.
By demonstrating good health from the outset, the immigration officer may issue your work permit WITHOUT the employment restrictions on childcare, elementary/secondary education, and the healthcare sector.
Students who plan to apply for the PGWP and wish to work in childcare, education, or the medical field must include their Upfront Medical Exam.
Student or worker couples who are gaining experience under an open work permit to work in these fields must complete their Upfront Medical Exam before submitting their application.
If you already have a work permit issued with a restrictive note and have only recently become aware of this issue, follow these two rules:
If you want or need to work in any of these restricted sectors, the correct procedure is:
This issue affects your ability to obtain permanent residency. If you overlooked the note or assumed that the government “wouldn’t notice,” you run the immediate risk that an official will detect the inconsistency.
When an officer reviews your application for permanent residence (for example, under the Canadian Experience Class or provincial programs), they carefully compare three pieces of information:
If you worked in the medical, educational, or child care fields while holding a work permit with an explicit restriction, your work experience in that field will be deemed invalid and inadmissible.
This will reduce the number of months of work, which means you will lose points on your Express Entry profile for the CEC and could result in the rejection of your application for permanent residence.
Furthermore, in the worst-case scenario, the officer may determine that the individual lied throughout their entire period of employment, which constitutes “misrepresentation”: a deliberate violation of the conditions of their stay or the provision of false information, resulting in deportation from the country and a 5-year bar on re-entry.
For an international student, obtaining the Post-Graduation Work Permit (PGWP) offers the opportunity to practice their profession and gain Canadian work experience, which will open the door to permanent residency.
Many people do not know how to strategically manage this period and end up with expired or outdated documents because they fail to plan ahead or identify the system’s opportunities, constraints, and requirements in a timely manner.
To ensure that the PGWP fulfills its purpose from day one:
Remember: If your NOC is related to the child care, education, or health care sectors, you must have submitted the Upfront Medical Exam or apply for a Change of Conditions before working in that field.
Do you have questions about how to remove restrictions on your work permit? At Immiland Law Professional Corporation we can help you.
We are licensed consultants and Canadian attorneys committed to helping immigrants and supporting them through the process of obtaining permanent residence.
Contact Us and we will be happy to evaluate your situation to determine whether we can represent you.
I hope this topic proves useful for your application.
See you in the next blog post, where we'll continue to help you build your Canadian dream with professionalism, dedication, and empathy!
With love,
Immiland Law Professional Corporation
