Some International Students Can Work In Canada and Receive Employment Benefits
Recently, I received a request to review a Canada Revenue Agency (CRA) decision denying an international student’s unemployment benefit.
International students are allowed to work in Canada while studying Full-time in a Post-Secondary Program. There are, of course, limits and exceptions. There are rules for when and where students can work, and for how many hours/week.
If a student works in “insurable employment” (most standard jobs in Canada), the employer is legally required to deduct EI premiums from their paycheck, just as they do for Canadian citizens. However, paying into EI does not automatically grant the right to receive EI.
How Applying for EI Resulted In An Uncertain Future in Canada
Rafael* is an international student. He assumed he could work and pay into EI as he did. When Rafael was dismissed from his job for two months, he applied for his Employment Insurance (EI) benefits. Not only did he not receive EI benefits, but his application now affects his future studies and his immigration process as well.
Rafael inadvertently worked in a full-time position outside of his school campus while he was NOT registered/enrolled to go to school.
Current Immigration, Refugees and Citizenship Canada (IRCC) regulations state that a student may work off campus without a separate work permit if they are a full-time student enrolled in a post-secondary program (and meet some additional criteria). Rafael was not registered/enrolled to go to school, so he was not compliant.
A Simple EI Application Becomes a Bigger Issue
Following Rafael’s application for EI, Employment Social Development Canada (ESDC) made a request to the CRA for such payment, and then the CRA triggered a check for his eligibility to work with Immigration Canada (IRCC). It was determined that Rafael was not authorized to work during that time. This means that even though he thought he was “contributing” to his employment insurance, he was not.
As a result, every one of Rafael’s payments for Employment Insurance (EI) and Canada Pension Plan (CPP) were found to be “ineligible” as a result of his unauthorized work in Canada. He could not receive EI benefits.
Could applying for EI affect the Immigration Progress?
Employment Insurance (EI) is a valuable resource for workers in Canada. If you are dismissed from a job, you may apply for employment insurance to help you financially during your unemployment period.
Unfortunately, for those going through the Immigration Process, applying for EI may risk their immigration status if they have not followed the employment rules set out in their specific permit.
The current market is difficult for all job seekers and employees, with so much volatility and unpredictability. Read Rafael’s story as a warning to pay very close attention to all rules around your permit and application.
How Does This Failure Affect Rafael’s Immigration Progress?
The next step for Rafael is to file for his post-graduate work permit, but he may not be able to apply for it, since he undertook unauthorized work while studying in Canada.
By making one error, Rafael’s immigration pathway in Canada may have been derailed significantly.
Have Questions? Contact Us Today
When in doubt, please ensure that you comply with all your terms and conditions associated with your study permit, work permit or permanent resident status to receive all your benefits in Canada. If you have any questions, Jennifer Roggemann Law Office is here to help make the rules clearer. Contact our office today.