PR with unauthorized study?

[compiler1234]

Hello,

When reviewing my personal timeline, I realized that I may have studied without authorization while on PGWP. I took a part-time course that delayed beyond the six months that are authorized while on PGWP but due to its part-time nature, I believed I was authorized to continue the training I was taking. I was unemployed for part of this time as well, so the time spent studying will be something I will include in my PR application timeline, as I have nothing else to put in the timeline. I maintained legal status in the country at all times.

How could this affect the processing of my PR application? What is the best way to lay out the time spent studying when applying for PR?

Edit: This was prior to the temporary public policy allowing PGWP holders to study for the duration of their work permit, without obtaining a study permit.

I'm only finding reports of cases in which PR applicants were working without authorization either while on a study permit, or in between permits when they shouldn't have worked. But no one seems to have had a situation in which it was the other way around (study while on work permit). I'd appreciate if someone has experience with a similar case and could share their experience.

 

[Kananaskis]

Are you applying through spousal/family PR? If so, this won't affect you at all. This application is based on the genuine nature of your relationship or the requirements for a family application.
Just make sure you provide every single information truthfully about your past so you are not flagged as misrepresentation.

 

[compiler1234]

Thank you for your reply Kananaskis.

Could this affect my eligibility for an open work permit while the PR application is being processed?

 

[armoured]

Thank you for your reply Kananaskis.

Could this affect my eligibility for an open work permit while the PR application is being processed?

We can only guess but I doubt they will care at all about the part-time study, as long as you were legally in Canada.

 

[Ponga]

We can only guess but I doubt they will care at all about the part-time study, as long as you were legally in Canada.

My guess, is that if it was an SCPLC (Inland) application, neither would matter, since working without authorization, studying without authorization and overstaying are all covered under the Public Policy that waives the requirement to have legal status.

 

[armoured]

My guess, is that if it was an SCPLC (Inland) application, neither would matter, since working without authorization, studying without authorization and overstaying are all covered under the Public Policy that waives the requirement to have legal status.

While I agree overall, I would note that applications from those that apply out-of-status can be subject to more examination, and it can affect some other things (like OWP eligibility, I think). For someone on PGWP and working per the terms of PGWP - I don't think part-time study will matter at all.

But again, only a guess.

 

[Ponga]

While I agree overall, I would note that applications from those that apply out-of-status can be subject to more examination, and it can affect some other things (like OWP eligibility, I think). For someone on PGWP and working per the terms of PGWP - I don't think part-time study will matter at all.

But again, only a guess.

Totally agree. I take my `curiosity' one step further by asking if a FN that has worked, studied AND overstayed would (in theory) still be eligible for Inland sponsorship? The language doesn't state that these are `or' scenarios, nor does it state that they mustn't be `and' scenarios.

The lack of status definitely impacts the OWP application as the applicant must wait until the AIP stage to even apply.

 

[canuck78]

In general IRCC values honesty and genuine remorse. Would be upfront about your error and you will likely be fine.

 

[compiler1234]

Totally agree. I take my `curiosity' one step further by asking if a FN that has worked, studied AND overstayed would (in theory) still be eligible for Inland sponsorship? The language doesn't state that these are `or' scenarios, nor does it state that they mustn't be `and' scenarios.

The lack of status definitely impacts the OWP application as the applicant must wait until the AIP stage to even apply.

Thanks for your replies so far. I'm currently still on the PGWP but planning to apply for an OWP once AOR is received.

It has been over a year since the cessation of my unauthorized study while on PGWP.

In which ways would you expect this whole situation to affect my OWP eligibility while PR application is being processed?
You mentioned having to wait for AIP, but I'm unable to find a source on that.

 

[diod92]

Hello! I’m in same situation… while I was on PGWP I studied at a private auto mechanic school, which offered me a short 6-month pre-apprenticeship program. The issue was that this program required 140 hours of practicum on top of the 5.5 months of in-class training. I called Quebec Immigration at that time and they told me that if you are on work permit, the practicum hours does not count as part of the vocational training, those practicum hours are taken as part of the length of the program only if you are on Visitor Status or Co-op work study permit. But I don’t have any proof of record of that conversation nor any official information about that.

The school told me that because the theory part is less than 6 months there is no problem, but in the IRCC site does not mention anything about that.

I’m afraid this is also be considered as unauthorized studies while on PGWP and my PR be denied.

Do you have any update?

 

[scylla]

Hello! I’m in same situation… while I was on PGWP I studied at a private auto mechanic school, which offered me a short 6-month pre-apprenticeship program. The issue was that this program required 140 hours of practicum on top of the 5.5 months of in-class training. I called Quebec Immigration at that time and they told me that if you are on work permit, the practicum hours does not count as part of the vocational training, those practicum hours are taken as part of the length of the program only if you are on Visitor Status or Co-op work study permit. But I don’t have any proof of record of that conversation nor any official information about that.

The school told me that because the theory part is less than 6 months there is no problem, but in the IRCC site does not mention anything about that.

I’m afraid this is also be considered as unauthorized studies while on PGWP and my PR be denied.

Do you have any update?

If you are applying through spousal sponsorship, then you shouldn't have any issues. Just make sure you declare all of this in your application.

 

[diod92]

If you are applying through spousal sponsorship, then you shouldn't have any issues. Just make sure you declare all of this in your application.

Hi, thanks for your answer however I am not applying through spousal sponsorship but as principal applicant.

 

[scylla]

Hi, thanks for your answer however I am not applying through spousal sponsorship but as principal applicant.

In that case any responses here won't apply to your situation. You need to post in the EE and/or PNP section of the forum.