In order to fill certain positions, the use of international students can often be an attractive solution for employers. However, they must conduct due diligence before concluding the process of hiring an international student.

It is important to keep in mind that the main purpose of international students’ stay in Canada must be to study. Permission to work while they are studying is incidental and subject to strict criteria.

Before evaluating an international student’s application to fill a position, employers should ask themselves a series of questions, including: is the position to be filled part-time or full-time? Is this an internship or a permanent position? Does the work schedule allow you to work outside of school hours?

Properly defining the type of position to be filled will make it possible to assess whether hiring an international student is appropriate.

Which international students are allowed to work in Canada?

It is the duty of employers to ensure that an international student is indeed authorized to work for them since they have a duty of care with respect to the status of these international students.

In order to determine if an international student is authorized to work, it is required to verify the following:

• The international student is allowed to work outside the school campus where he or she is enrolled in a program of study. This condition must be clearly stated on the study permit. Employers can therefore easily verify this by requesting a copy of the study permit.
• The international student is enrolled in a designated learning institution (DLI), that is, a school approved by a provincial or territorial government to host international students. Employers can check the list of DLIs online at https://www.canada.ca/fr/immigration-refugies-citoyennete/services/etudier-canada/permis-etudes/preparer/liste-etablissements-enseignement-designes.html.
• The international student is enrolled in a post-secondary program of academic, theoretical or vocational training leading to a diploma or certificate that lasts more than six (6) months. Note that in Quebec, a vocational training program at the secondary level may meet this criterion.
• • An international student enrolled at the general secondary level is therefore not allowed to work solely on the basis of his or her study permit.
• The international student is considered a full-time student and will remain so during the period of employment. This concept may vary depending on the school and usually depends on the number of credits per session.
• • A student enrolled part-time may be allowed to work only if the student falls into one of the specific exception categories, for example, if this is their last semester of study.

When can an international student start working?

Subject to being allowed to work off school campus, the international student must have started their studies before their first day of work.

They must also have a Social Insurance Number (SIN).

Obtaining a SIN is conditional on the inclusion on the permit of a clause authorizing the international student to work.

How many hours can an international student work?

Since the main purpose of the international student’s stay in Canada is to study, the international student is not allowed to work full-time throughout the year.

Subject to being allowed to work outside the school campus, the foreign student may work:

• During study sessions: up to 20 hours per week;
• During regular holiday periods: full-time;
• that is, scheduled school holidays and spring breaks.

Note that the international student must record all hours of paid work. He must also be able to prove compliance with all the conditions on his study permit as well as his active participation in studies and the limited working time of 20 hours per week.

In addition, employers will need to ensure that the international student is a full-time student before and after the leave period to be able to work full-time.