An employer’s guide to hiring international students – Part 1

Canada has proven to be a popular destination for students from around the world seeking a quality post-secondary education. As our educational institutions regularly attract a great number of bright international students, employers are increasingly making use of this key pool of talent.

Employing international students can prove to be beneficial for employers in many ways. In some cases, students can be hired to fill temporary positions, while allowing them to gain valuable work experience in the Canadian market. Alternatively, many employers look to cultivate the careers of those talented students who are willing and able to remain in Canada beyond their studies.

Nevertheless, employers must exercise some caution when choosing to employ an international student, since not all international students possess the authorization to engage in work. It is important to take note of the fact that every employer in Canada is prohibited from employing a foreign national who does not have the requisite work authorization.[1] The challenge is that it is not always immediately clear whether a particular international student has this work authorization, and if so, whether this authorization is limited in any way. As a result, it is important that every employer have an understanding of the rules that govern work authorization for the international students they wish to hire.

The applicable legal framework for an international student’s work authorization will depend on the context. The student may be seeking to:

1. Work off-campus while the academic session is ongoing, or during a regularly scheduled break;
2. Complete one or more co-op terms, in order to fulfill a practicum requirement of their program of study; or
3. Take up employment after their studies have concluded, while awaiting a post-graduation work permit.

In this post, we will address the work authorization requirements for off-campus employment.

An international student is authorized to work off-campus if they meet each of the following requirements:[2]

1. They hold a valid study permit, which contains a condition allowing the student to accept employment off-campus.
2. They are enrolled as a full-time student[3] at a designated learning institution (DLI).
3. Their study program is either:
   1. A post-secondary academic[4], vocational[5] or professional training[6] program; or
   2. A secondary-level vocational training program in Québec.
4. Their study program is at least six months in duration, and leads to a degree, diploma or certificate.

An international student that satisfies each of the above requirements may work off-campus without a work permit:

1. Up to 24 hours per week, during a regular academic session; and
2. On a full-time basis, during regularly scheduled breaks between academic sessions (e.g., summer/winter holidays and reading weeks).

It is also critical that employers understand when this work authorization begins and ends. In this regard, the above work authorization will not come into effect until the student has commenced their program of study in Canada.

An international student’s work authorization will end when one of the following occurs:

1. They no longer meet one or more of the underlying requirements for work authorization (e.g., their study permit expires, or they change their enrollment to part-time).
2. They receive any written confirmation from their educational institution that they have completed their program of study (e.g., a transcript, an official letter or even an email).

Gaining a clear understanding of these rules is critical, since it enables each employer to verify that its international student employees have the requisite work authorization, and ensures that the employer remains in compliance with Canada’s immigration law.

For more information, please reach out to Jonathan Mor and Heelan Kwon.

[1] Subsection (1)(c) of the Immigration and Refugee Protection Act (S.C. 2001, c. 27).

[2] Subsection 186(f) of the Immigration and Refugee Protection Regulations (SOR/2002-227).

[3] Part-time enrollment is permitted where the student has previously been registered full-time throughout their study program, and they are currently in the last semester of the study program and do not require a full course load to complete the program.

[4] A post-secondary program that awards an academic degree, diploma, or professional certification. This program is often delivered at universities, colleges, seminaries, and institutes of technology.

[5] A preparation for a specific occupation in industry, agriculture, or trade. This training generally includes technical, organizational, and basic skills training. It may be offered through on-the-job programs, by unions in conjunction with businesses, by community colleges or universities in conjunction with a specific industry, and by private career colleges. 

[6] A type of training usually offered to a person who is already a professional in a given field. This type of training is usually recognized as meeting an official standard of an industry, association, or profession.