IRCC Clarifies How Off-Campus Work Hours Are Counted for International Students in Gig Work

For many students, this is straightforward when working a traditional hourly job. But for students doing gig work or digital labour platform-based work — such as Uber, Lyft, DoorDash, or Instacart — the question can be more complicated. 

Thanks to RCIC Ankita Goyal, a recent clarification from IRCC’s Immigration Representatives Mailbox provides helpful guidance.

Do “Online” Hours Count Toward the Weekly Work Limit? 

The question posed to IRCC was along the lines of: How does IRCC calculate off-campus work hours for international students working as Uber or Lyft drivers? 

More specifically, if a student is online on the app but not actively completing the activity for which they earn income, do those hours count toward the 24-hour weekly limit?  

IRCC responded: 

“Hours are defined as any time they spend earning wages or collecting a commission, even if they’re on call during these hours and not actually working.” 

This does not necessarily mean that all time spent online on an app automatically counts as work time.  

Instead, the key question is whether the student is spending that time earning wages or collecting commission. 

For example, if a student is logged into a platform but is not being paid, not collecting commission, and not otherwise earning income during that time, those hours may not automatically count toward the weekly off-campus work limit. 

However, if the student is being paid or is collecting commission during a period, even if they are on call or not actively completing a task at every moment, that time may count as work time.  

Why This Matters for Students with More Than One Job 

This is especially important if a student is doing gig work in addition to a traditional job. 

For example, if a student works 20 hours at a regular part-time job and then spends five hours online on a gig app like Uber, but they were only paid for two hours, based on the response IRCC have given to the inquiry, they may not have exceeded the 24-hour weekly limit.  

However, students should keep clear records showing the difference between online time, active work time, and paid or commission-generating time. 

Students Are Responsible for Tracking Their Hours 

IRCC confirmed that international students are responsible for: 

• actively pursuing studies 

• keeping track of the hours they work off campus, ensuring they do not exceed 24 hours per week (you should include paid and non-paid hours in the breakdown) 

• proving they are complying with their study permit conditions  

IRCC also noted that self-employed individuals are responsible for tracking and proving their own compliance. 

Broader Implications of This Clarification 

The broader question is whether this clarification applies only to gig workers, or whether it reflects a wider IRCC approach to counting work time. 

IRCC defines “work” as an activity for which wages are paid or commission is earned.  

In the gig-work context, IRCC’s clarification suggests that work time is tied to time spent earning wages or collecting commission, not necessarily all time spent online, available, or waiting for work. 

If that same interpretation were extended to other types of self-employed work, it could have important implications. 

For example, a self-employed person who charges by the hour may spend 20 hours per week on client-facing work that they bill for, and another 15 hours per week on unpaid business activities, such as marketing, general administration, bookkeeping, scheduling, or business development. 

If IRCC’s response were applied more broadly, only the 20 hours spent earning income or billing clients may clearly count as work time. The unpaid business activities may be more difficult to count, even if they are necessary to operate the business. 

This distinction could matter in immigration programs that assess qualifying skilled work experience. A self-employed person may consider themselves to be working full time in their business. But if only 20 of those hours are paid, billable, or directly connected to earning wages or commission, IRCC may not necessarily assess all hours as qualifying work. 

On the flip side, IRCC’s clarification supports the view that paid on-call time can count as work time, even where the person is not actively performing tasks throughout the full period. For example, a doctor, health-care worker, IT worker, or other professional may be paid to be on call. Even if they are not actively treating patients, resolving issues, or performing hands-on duties during every minute of that on-call period, the time may still count if they are being paid wages or earning compensation for that period. 

This is an important distinction. Unpaid time spent generally as a self-employed/ contractor individual may not be treated the same way as paid on-call time. The key question is whether the person was earning wages, collecting commission, or otherwise being paid for that time. 

The cautious takeaway is that individuals should keep detailed records separating: 

• paid or billable client work; 

• paid on-call time; 

• time spent earning commission or income; 

• unpaid administrative or business development work; and 

• any other time spent operating the business. 

IRCC’s clarification is helpful, but it should not be overextended to other use cases without caution. 

As with many immigration matters, it is difficult to apply blanket statements to every situation. No two cases are exactly the same, and the answer may depend on the type of work, how the person is paid, the records available, and the immigration program being assessed. 

If in doubt, applicants should speak with a reputable immigration representative before relying on a particular interpretation of their work hours.