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Ask the ExpertCategory: Questionshiring-a-grad-student
hri_Admin asked 6 years ago
We would like to hire a student that is still on a Student Visa but just graduated from University- do we need to show that we have recruited in a local market? He looking to apply for his PNP and we would like to send him an offer
1 Answers
Glenn Demby answered 6 years ago
My knowledge of immigration laws is, I fear, very limited. But I took the following directly from the federal government's website:  You can hire eligible students while they study or after they graduate. Study permit holders may be eligible to work off campus without a work permit as soon as they begin their studies in Canada. These students who are eligible may work for any eligible Canadian employer
  • for up to 20 hours a week while class is in session and
  • full-time during scheduled breaks.
To qualify, students must:
  • have a valid study permit
  • be a full-time student
  • be enrolled at a designated learning institution at the post-secondary level or, in Quebec, a vocational program at the secondary level and
  • be studying in a program that:
    • is academic, vocational or professional training
    • leads to a degree, diploma or certificate
    • is at least six months long.
Students must make sure they meet these criteria and apply for a Social Insurance Number. As an employer, you should make sure the student you hire has a valid study permit. You may want to ask the student for a letter of enrolment to confirm that they are studying full-time in an eligible program at a post-secondary school (or a vocational program at the secondary level in Quebec). Post-Graduation Work Permit Program Foreign students who have completed a program of at least eight months at an eligible Canadian school may apply for a Post-Graduation Work Permit. This permit lets them work for any eligible employer in Canada for up to three years, depending on the length of their study program.
  • It is up to the foreign worker to apply for a work permit.
  • These permits are open work permits. They let the student to work for any eligible employer in Canada.
  • A Post-Graduation Work Permit can last up to three years, depending on the length of the study program.
Students with work experience may be eligible to apply for permanent residence through Express Entry. Students, with or without work experience, may also be eligible for Provincial Nominee Programs. ****** Me again. Notice that there's no mention of local recruiting. HOWEVER, under Section 209.2 of the Immigration & Refugee Protection Regs, when hiring a foreign worker with a work permit:
      • (ii) the employer must comply with the federal and provincial laws that regulate employment, and the recruiting of employees, in the province in which the foreign national works,
Some provinces do require employers to make and be able to document that they made efforts to recruit locals for a position before offering it to a foreign student. Since I don't know which jurisdiction you're in, I can't tell you if that requirement applies in your situation.  Again, I want to stress that I don't know much about immigration law. And even if I did, this is just a personal opinion that is in no way a substitute for advice of counsel with experience in immigration laws. Still, I hope it helps. Glenn Demby 203 354-4532