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PGWP Refusal

K

khanfaraz

Member
May 25, 2023
12
0
Hi,

Recently, I received a decision stating that my Post-Graduation Work Permit (PGWP) has been refused after 5 months. The reason given was that I applied after my study permit had expired. However, I actually applied for the PGWP before the expiry date on my document. When I reached out to lawyers for advice, one of them suggested that I go for reconsideration by using the web form. In that web form, I explained that I had applied for the PGWP before the expiry date.

I had been searching for a second course and collecting funds, but I wasn't able to do so within the timeframe and ended up applying for the PGWP. I haven't received any updates yet on my web form submission, and I'm now confused about whether to pursue a judicial review or not. My career is at stake, and I can't risk it just because of this situation. The website clearly states that we have 180 days to apply for our work permit after receiving the completion letter.
Any leads or guidance would be greatly appreciated.

Thanks.
 
N

Naturgrl

VIP Member
Apr 5, 2020
43,578
9,166
khanfaraz said:
Hi,

Recently, I received a decision stating that my Post-Graduation Work Permit (PGWP) has been refused after 5 months. The reason given was that I applied after my study permit had expired. However, I actually applied for the PGWP before the expiry date on my document. When I reached out to lawyers for advice, one of them suggested that I go for reconsideration by using the web form. In that web form, I explained that I had applied for the PGWP before the expiry date.

I had been searching for a second course and collecting funds, but I wasn't able to do so within the timeframe and ended up applying for the PGWP. I haven't received any updates yet on my web form submission, and I'm now confused about whether to pursue a judicial review or not. My career is at stake, and I can't risk it just because of this situation. The website clearly states that we have 180 days to apply for our work permit after receiving the completion letter.
Any leads or guidance would be greatly appreciated.

Thanks.
Click to expand...
What are your timelines? Assume you quit working and changed your status to visitor. If not you need to have status in Canada. Have you got any response for reconsideration?
 
K

khanfaraz

Member
May 25, 2023
12
0
No, I haven't received any response yet. I applied on the 106th day after receiving the completion letter while my study permit was still valid (with an expiry date stated on the document). Two days later, I received an acknowledgment letter stating that I am permitted to work full-time for any employer in Canada.
 
N

Naturgrl

VIP Member
Apr 5, 2020
43,578
9,166
khanfaraz said:
No, I haven't received any response yet. I applied on the 106th day after receiving the completion letter while my study permit was still valid (with an expiry date stated on the document). Two days later, I received an acknowledgment letter stating that I am permitted to work full-time for any employer in Canada.
Click to expand...
But when your PGWP was refused, you had to stop working. At that point you were out of status & needed to change status to stay legally. You cannot work until you get a positive decision on the reconsideration.
What date did you graduate? What date did you apply for PGWP. Once you graduate, your study permit automatically expires after 90 days even if you think it is still valid. So if you applied on the 106th day, you no longer had status & you study permit had expired.
 
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K

khanfaraz

Member
May 25, 2023
12
0
After my application for a Post-Graduation Work Permit (PGWP) was refused, I stopped working. I was referring to the acknowledgement letter I received after applying for the PGWP. Nowhere in that letter did I read about a 90-day limit. If such a limit exists, it should have been mentioned on my study permit or completion letter. Even their website specifies a 180-day timeframe, with no mention of 90 days. Not everyone is aware of all the details. I personally was unaware and was in the process of arranging funds for my second course. Moreover, they shouldn't have given me the letter after applying PGWP.
 
N

Naturgrl

VIP Member
Apr 5, 2020
43,578
9,166
khanfaraz said:
After my application for a Post-Graduation Work Permit (PGWP) was refused, I stopped working. I was referring to the acknowledgement letter I received after applying for the PGWP. Nowhere in that letter did I read about a 90-day limit. If such a limit exists, it should have been mentioned on my study permit or completion letter. Even their website specifies a 180-day timeframe, with no mention of 90 days. Not everyone is aware of all the details. I personally was unaware and was in the process of arranging funds for my second course. Moreover, they shouldn't have given me the letter after applying PGWP.
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It is very clear. Here are 2 notices. It is up to you to know the rules. The acknowledgment letter is a general letter given to even those who are not eligible until decision is rendered.

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/while-you-study.html#after-expires

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/extend-study-permit/when-to-apply.html
 
N

Naturgrl

VIP Member
Apr 5, 2020
43,578
9,166
khanfaraz said:
The link you sent contains either the date on the document or 90 days.
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No. whichever come first.

If you finish your studies early, your study permit will stop being valid 90 days after you complete your studies, no matter what day is printed on the study permit.


If you finish your studies earlier than expected
Your study permit will expire on whichever date comes first:
  • the date marked on the permit or
  • 90 days after the day you complete your studies
 
N

Naturgrl

VIP Member
Apr 5, 2020
43,578
9,166
khanfaraz said:
Should I wait for reconsideration result or ask for judicial review? Judicial review is within 15 days only.
Click to expand...
Judicial review for what? What was the error in law? You have to prove there was an error in the law. If you are going JR route then highly suggest an immigration lawyer as JR is beyond the scope for many on this forum.
 
K

khanfaraz

Member
May 25, 2023
12
0
Have you read it? It is written that we can apply within 180 days. Rule changed from 90 days to 180 days. Somewhere in this article it is also written that it is not necessary for study permit to be valid.
 
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