PGWP Extension refused under Public Policy

[sakshamgulati]

Hi All,
I am currently on an open work permit which was extended as per the public policy-
https://www.canada.ca/.../government-of-canada-announces...

As per the policy I was eligible to be given an extension of 18 months. However, due to my passport expiry. I only got 10 months. Recently, I applied for the impending months to be added to my work permit and my application got rejected by the visa officer for the following reasons-

"You have not demonstrated you are eligible to apply for open work permit under the IRCC regulations. Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and confirmation from Employee and Social Development Canada"

I had clearly stated in my letter of explanation about my particular case explaining the whole situation. I need a PGWP extension as per the public policy not an open work permit. I had clearly stated everything in my letter of explanation.
I am thinking of contesting my case. any suggestions?

 

[Naturgrl]

Hi All,
I am currently on an open work permit which was extended as per the public policy-
https://www.canada.ca/.../government-of-canada-announces...

As per the policy I was eligible to be given an extension of 18 months. However, due to my passport expiry. I only got 10 months. Recently, I applied for the impending months to be added to my work permit and my application got rejected by the visa officer for the following reasons-

"You have not demonstrated you are eligible to apply for open work permit under the IRCC regulations. Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and confirmation from Employee and Social Development Canada"

I had clearly stated in my letter of explanation about my particular case explaining the whole situation. I need a PGWP extension as per the public policy not an open work permit. I had clearly stated everything in my letter of explanation.
I am thinking of contesting my case. any suggestions?

As per guidelines, you were eligible for the permit for up to 18 months or until your passport expired. You can’t extend your PGWP once your passport expired. So to continue working, you need a LMIA.

Duration
Applicants who have submitted an application under this public policy may be issued an open work permit for a maximum length of 18 months from the date of approval or until the expiry of the applicant’s passport, whichever is sooner.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/study-permit/pgwpp.html

 

[scylla]

Hi All,
I am currently on an open work permit which was extended as per the public policy-
https://www.canada.ca/.../government-of-canada-announces...

As per the policy I was eligible to be given an extension of 18 months. However, due to my passport expiry. I only got 10 months. Recently, I applied for the impending months to be added to my work permit and my application got rejected by the visa officer for the following reasons-

"You have not demonstrated you are eligible to apply for open work permit under the IRCC regulations. Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and confirmation from Employee and Social Development Canada"

I had clearly stated in my letter of explanation about my particular case explaining the whole situation. I need a PGWP extension as per the public policy not an open work permit. I had clearly stated everything in my letter of explanation.
I am thinking of contesting my case. any suggestions?

I agree with the above post. Unfortunately the length you were allowed under the public policy was dependent on the length of your passport validity and extending another 8 months is therefore not possible. Unfortunately the further extension you applied for was correctly refused per the rules of the public policy.

You can certainly try contesting. However you were correctly refused per the public policy rules so this will have a very low chance of succeeding.

Is your employer willing to go through the LMIA process? Is your job by any chance LMIA exempt?

 

[sakshamgulati]

@Naturgrl ,@scylla -Thanks for getting back on this. I never really gave a gard thought about the duration statement.

I have a PR in progress, so getting a Bridging permit is on the lines. I am leaving for India on Feb 20. Should i apply for the BOWP before i leave for India?. My current work permit is valid until 21 May. I am coming back on April 1

 

[nishitgaikwad]

Hi all
I applied for my post graduation work permit extension under the public policy 2022 my work permit expired in January 2022.
I just got a refusal from IRCC stating that i applied beyond the 90 days of restoration period.
I firmly believe that the decision is incorrect because the policy states that under the public policy i am eligible to apply even if I am out of status and can apply for restoration beyond the 90 days restoration period.
Can I apply under the new public policy 2023 again or should I challenge the Ircc case processing officer's decision

 

[Naturgrl]

Hi all
I applied for my post graduation work permit extension under the public policy 2022 my work permit expired in January 2022.
I just got a refusal from IRCC stating that i applied beyond the 90 days of restoration period.
I firmly believe that the decision is incorrect because the policy states that under the public policy i am eligible to apply even if I am out of status and can apply for restoration beyond the 90 days restoration period.
Can I apply under the new public policy 2023 again or should I challenge the Ircc case processing officer's decision

Where does it say that…apply beyond 90 days? What have you been doing since January 2022?

 

[nishitgaikwad]

Where does it say that…apply beyond 90 days? What have you been doing since January 2022?

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/post-graduation-work-permit-holders/apply-in-canada.html

 

[nishitgaikwad]

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/post-graduation-work-permit-holders/apply-in-canada.html

i got refusal in february

 

[Naturgrl]

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/post-graduation-work-permit-holders/apply-in-canada.html

So you have been in Canada all this time? Doing what? Give your timelines to help answer your question.

 

[nishitgaikwad]

My post grad work permit expired in january 2022.
I applied for trv before my work permit expired but it got rejected in may 2022
my temporary status got expired in may 2022 and My 90 days restoration period got over in august 2022.
I applied under the public policy in sept 2022 and got a refusal in February 2023 stating that I applied beyond the 90 days restoration period and its rejected

also on April 5 I received a letter from IRCC for interim work authorization stating that I may be eligible for the work permit extension and gives me a interim working authorization till may 2024

 

[nishitgaikwad]

My post grad work permit expired in january 2022.
I applied for trv before my work permit expired but it got rejected in may 2022
my temporary status got expired in may 2022 and My 90 days restoration period got over in august 2022.
I applied under the public policy in sept 2022 and got a refusal in February 2023 stating that I applied beyond the 90 days restoration period and its rejected

also on April 5 I received a letter from IRCC for interim work authorization stating that I may be eligible for the work permit extension and gives me a interim working authorization till may 2024

any suggestions

 

[Zujhar]

So what are you doing now? Are you applying under new policy or contesting the decision?

 

[nishitgaikwad]

So what are you doing now? Are you applying under new policy or contesting the decision?

I will be getting a reply from the federal court on my appeal anytime soon. And I will also apply for work permit under the new public policy and hope for the best.
I have also got a mail from IRCC on 6th April for interim work authorization. so hopefully I will get a positive reply from the federal court.

 

[Zujhar]

Can you apply for reconsideration using webform stating to consider your application under new public policy 2023?

 

[BA101]

Can you apply for reconsideration using webform stating to consider your application under new public policy 2023?

This is not a formal process & there are no timelines to when it will be done

You can try but outcome is not guaranteed