Dear Mr Brown:

I am currently enrolled at Centennial College in Toronto. Thank you for the assistance you provided. I am wondering if I can work more than the 20 hours that international students are allowed to work. What would be the penalty for doing so?

— RAL

Dear RAL:

I am pleased that you are settled at Centennial. However, I caution you against exceeding the limit of 20 hours of work per week during your studies.

Please be advised that, in order to maintain your status as a full-time student, the hours of work are limited accordingly. You would only be able to work on a full-time basis during the breaks and after you graduate.

The current immigration laws have been criticised by some critics for being too inflexible with regards to illegal workers. The only options regarding illegal work are either to forgive the violation or deport the offenders. Accordingly, many minor violations are subjected to a harsh penalty or no penalty at all. It has been suggested that the use of fines and warnings should be available as part of the mix of sanctions. For example, there have been reports of international students who were found to have worked illegally for a period of two weeks in 2012 who were deported as a result of the violation.

Ralph Edward Goodale is the new minister of public safety, who is in charge of enforcing immigration laws. Ironically, he was the local member of Parliament at the time of the deportation who opposed the removal of these students and advocated for a more appropriate sanction.

It should be noted that, under the new employer rules, a distinction is made between employers guilty of serious immigration offences, as opposed to minor violations.

For example, there are fines up to $1 million and a 10-year ban from hiring temporary foreign workers for the exploitation of foreign workers. However, a company may be fined $500 for incorrect answers on an immigration form. Mr Goodale’s position regarding proportionate sanctions for foreign nationals who work illegally in Canada will be observed with keen interest.

In response to your specific question, I am not sure of the intent, nature, extent, or context of your situation with regards to exceeding the limited number of hours you are allowed to work. However, you should be mindful of what may result if the violation is reported or discovered, and how that may potentially affect your subsequent immigration applications.

Please visit jamaica2canada.com for additional information on Canadian Permanent Residence Programmes, including Express Entry, the Study and Work progamme, visitors’ visas or appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel, education agent and managing director of jamaica2canada.com — a Canadian immigration and education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com.