Student in a maintained status is not authorized to work in Canada.

Are you a student in Canada waiting for your new study permit, are you about to work while waiting? If you answered yes, beware, you could face problems, first read this new informative article from Immiland. Here, we will tell you the implications of working off-campus while you are waiting for your study permit. Remember that immigration laws are complex and need to be known; it will seem common for lawyers to handle them, but every international student should also learn about Canadian immigration laws and regulations to avoid problems away from home. 

‍

To make it easier to understand this legal scenario, we decided to share Sarah's story and what she went through at a critical stage of her career after her study permit expired and she was placed in maintained (conserved) status.

‍

‍

What Sarah went through for not "possessing a study permit".

‍

"Those were very stressful days. I couldn't work in Canada without authorization."

‍

Hello, my name is Sarah, I came to Canada to pursue my undergraduate studies in engineering.

‍

I started my study permit process six months in advance and I believed that everything would go smoothly from start to finish, it allowed me to study and work part-time off campus and so I did. When I saw that my study permit was approaching its expiration date, I became active to apply for an extension and continue my studies, but these processes often take time and, in the middle of a very critical stage of my career, with weekly report submissions and high-stakes exams, my permit expired. 

‍

I could not believe this was happening to me, I was very worried because I knew that without a valid and current study permit I could not work, and I began to wonder how I was going to pay the rent, buy food and cover some technology and other materials that I needed. The mere reality of seeing that my permit had expired before a decision was made on my application made me depressed because I did not want to worry my family back home. Those were stressful days. I could not be employed in Canada without authorization, as I did not meet the requirements of Canadian law to work off campus as an international student, so I had to stretch what money I had and the uncertainty of how long I could go without working. 

‍

‍

Sarah remained in Canada under the status maintained

‍

"I set out to create an action plan to solve my scenario."

‍

My biggest relief at the time was knowing that Canadian immigration law provides for what is known as maintained or retained status. For those who do not know, maintained status, formerly known as implied status, refers to the status that allows us temporary residents to remain in the country while our extension of status is being processed.

‍

While I cultivated patience and calm, waiting for the renewal of my study permit, I considered creating a plan of action to solve my scenario and started looking for a part-time job to save time, once my study permit was approved! Soon after, I received my permit and started working again.

‍

‍

Relevant regulations for international students in maintained status

‍

On Sarah's case, we have compiled a number of relevant sections from IRCC that will enlighten you as a student abroad:

• Possessing a study permit is the key phrase for understanding paragraph R186(v) of the regulations, which allows foreign nationals who possess a study permit to work off-campus, provided they meet certain requirements. The key here is precisely "possess a study permit." This implies that the permit must be valid at the time of work authorization.
• In Sarah's case, although she continued to study under the maintained status, as set out in paragraph R183(5), she technically did not "possess" a study permit because hers had expired. While the maintained status extends her authorized stay in Canada pending a decision on renewal of her permit, it does not provide authorization to work off-campus under R186(v).

‍

In addition, studying under the maintained status, R183(5), is different from possessing a study permit (R189). In short, she did not meet the criteria for off-campus work authorization, so she suffered the agony of having no financial income from wages for her support.

‍

‍

Immiland's recommendations for international students in maintained status

‍

If you are in maintained status, awaiting issuance of a new study permit, do the following:

‍

• Stop working once your permit has expired, remember that by law you are not authorized to work off-campus under paragraph R186(v). 
• Make the most of the time to dedicate academic efforts to your career, keep in mind that the state maintained extends the period of authorized stay and you can continue your studies.
• Have a good savings plan while studying, spend only what is necessary because outside the home many things can happen and it is better to be prepared for any economic emergency.
• While you are unemployed, do not feed stress and worry, but rather take the opportunity to look for a job, so that when your leave renewal arrives, you will have already taken that step forward.
• Manage a sincere and open communication with your boss, many times Canadian employers do not know the immigration regulations. As we mentioned at the beginning, these are complex and the most affected in these cases is the international student, therefore, from the beginning you should manage the time of validity of the study permit so that both are clear on the expiration date and can make decisions together about their return to the position, if necessary. 
• Keep up to date with Canadian immigration news and information and consult only reputable, reliable sources that are regulated by the Canadian Bar Association.

‍

If your case is similar to this one, you can write to us at info@immilandcanada.com and a qualified advisor with expertise in Canadian immigration compliance will be able to guide you. Immiland is a leader in immigration matters and we can help you to resolve unexpected situations during your temporary stay in Canada, including permit extensions, status maintenance or restoration of status and change of status, schedule an appointment here. 

‍

Be aware of Canadian regulations and always read our informative blog!

‍

With love,

‍

Immiland