• No results found

Employment Authorization

In document Revised: May 2003 (Page 40-45)

If your client has permanent resident status

Your client can apply for a Social Insurance Number by contacting a Human Resources Development Canada Office.

She will need to show one of the following documents: Canadian Immigration Record and Visa or Record of Landing, Confirmation of Landing Document, Canada Travel Document, Canadian Certificate of Identity or a foreign passport stamped “Permanent Resident.”

There is an administrative fee unless your client is a refugee claimant. Forms are also available at Canada Post offices and through many immigrant-serving agencies.

What if your client does not have permanent resident status but her H&C application has been approved for processing?

Your client can apply for employment authorization if she has made an H&C application and has been granted a visa waiver.

Your client will need to fill out an “Application to Change the Terms and Conditions or Extend Your Stay in Canada.” To get a copy of the form, contact a Citizen and Immigration Canada Call Centre, or download it from the Internet: http://www.cic.gc.ca/english/applications/visitor.html.

What if your client’s H&C application has not been approved for processing?

Your client is not eligible for employment authorization until her application has been approved for processing.

If your client is facing financial difficulties while awaiting this approval, she can apply for hardship assistance through the Ministry of Human Resources.

See section on “BC’s employment assistant programs – if your client is not a permanent resident” on page 46. Receiving hardship assistance is not

supposed to affect the likelihood that her application will be approved for processing.

However, in the second stage of the H&C application process, receiving financial assistance will almost always negatively affect her admissibility.

Therefore, if she is approved for processing, she should apply for work authorization as soon as possible and become financially self-sufficient.

What if your client is a refugee claimant?

If your client has applied for refugee status and no final decision has been made, she can apply for employment authorization if:

• she cannot support herself without recourse to welfare

• she and her dependants have completed a medical examination

• she has been fingerprinted and photographed

• she has submitted her Personal Information form to the IRB

Your client will need to fill out an “Application to Change the Terms and Conditions or Extend Your Stay in Canada.” The application fee is waived.

What if your client is under a removal order?

Your client can apply for employment authorization under the category

“destitute persons” if:

• she is under a removal order that has been stopped or stayed by the IRB

• she is awaiting a decision on the appeal of her removal order

Your client will need to fill out an “Application to Change the Terms and Conditions or Extend Your Stay in Canada.”

How much does it cost to make an “Application to Change the Terms and Conditions or Extend Your Stay in Canada”?

See the “Guide” to the “Application to Change the Terms and Conditions or Extend Your Stay in Canada” in order to calculate the fee.

Are there any terms and conditions on an Employment Authorization?

An immigration officer may impose terms and conditions when they issue an Employment Authorization.

These may include one or more of the following:

• the type of employment in which the client may work

• the employer for whom she may work

• where she may work

• how long she may continue to work

Education

What is a Student Authorization?

This is the official document issued by a visa or immigration officer that allows the person to study at an educational institution in Canada.

What courses do not require a Student Authorization?

A Student Authorization is not needed for:

• an English or French language course that is not longer than three months duration in total

• courses that are not academic, professional or vocational in nature

• self-improvement, general-interest courses such as arts and crafts

• courses included in tour packages as a secondary activity for tourists

What if your client has permanent resident status?

Your client can apply for a Social Insurance Number by contacting a Human Resources Development Canada Office She will need to show one of the following documents; Canadian Immigration Record and Visa or Record of Landing, Confirmation of Landing Document, Canada Travel Document, Canadian Certificate of Identity or a foreign passport stamped “Permanent Resident.” There is an administrative fee. Forms are also available at Canada Post offices and through many immigrant-serving agencies.

What if your client does not have permanent resident status but her H&C application has been approved for processing?

Your client can apply for Student Authorization if she has made an H&C application and has been granted a visa waiver.

Your client will need to fill out an “Application to Change the Terms and Conditions or Extend Your Stay in Canada” which is available by contacting a CIC Call Centre or online at http://www.cic.gc.ca/english/applications/

visitor.html.

What if your client’s H&C application has not been approved for processing?

Your client cannot apply for Student Authorization if her H&C application has not been approved for processing. She can take courses that do not require Student Authorization, as described above.

What if your client is a Convention refugee or her refugee claim has been sent to the IRB?

Your client can apply for Student Authorization if she is a Convention refugee or her refugee claim has been sent to the IRB. She will need to fill out an “Appli-cation to Change the Terms and Conditions or Extend Your Stay in Canada.”

What other information does she need?

In addition to the requirements for all visitors, your client must provide the following documents:

For attendance at a university, college or other post-secondary institution, your client should provide a letter, registration paper, or form from the education institution that shows:

• confirmation of your client’s acceptance and/or registration as a student

• the course of study

• how many courses she will be taking and/or how many hours she will attend each week (not required if you are attending a university or college)

• intended start date and when she expects to finish the academic program

• any condition related to her acceptance or registration (when there is a condition related to her registration, she might have to show that she has met the condition before a Student Authorization can be issued)

Will she be attending a primary or secondary school? Your client should provide a letter from the school, school board, district or division responsible for the school she will be attending, showing the level of study and the date she expects to finish her studies.

If your client has children, she does not need to show a letter of acceptance to obtain a Student Authorization for her children to attend a primary or

secondary school.

Proof of financial support while she studies

Your client must prove she will have enough money (in Canadian funds) to support herself while she studies in Canada. This can include:

• a bank statement or a letter from a Canadian bank showing how much money she has in her bank account (she must indicate her name and the account number)

• a copy of the letter giving the details about her scholarship or Canadian-funded educational program (such as a CIDA program)

• a letter from a person (describe the relationship to the client) who is giving her financial help, explaining the arrangements made for her expenses.

(This information is protected under the Privacy Act and cannot be released to a third party without the sponsor’s consent.)

If your client’s refugee claim has gone to the Refugee Division, she does not have to give proof of financial support.

Are there any terms and conditions on her Student Authorization?

An immigration officer may impose terms and conditions on a Student Authorization. These may include one or more of the following:

• not allowed to work in Canada

• must attend the university, college or institution specified

• must attend the type of educational institution specified

In document Revised: May 2003 (Page 40-45)

Related documents