Hi there, i got refusal on pgwp and then i applied for restoration and reconsideration now on January 14 i got refusal again. The reason is to not maintain full time studies its just due to sickness of my father, and travelling to india. I have all of the proofs. I am stuck and now out of status. I have fee days only to take action please suggest me what to do? Can i go for federal appeal or trp or what ? I am just stuck i have all proofs its not my fault am just a victim of a helplessness.
Refusal of restoration
- Thread starter prajzkumar0489@
- Start date
With two refusals, it's time to hire a lawyer if you want to try to stay.
FYI - TRPs are generally taking 1.5+ years to process right now so you have to be willing to wait a long time without the ability to work, without health care coverage, and without knowing what the result will be.
so can i hire a lawyer or go for trp? And if i have all of the proofs whats the chance to get my pgwp?
Yes, you can hire a lawyer or go for a TRP. It's your choice what you do. Note that TRP processing times are extremely long (1.5-2 years generally).
No one can tell you what the chances are of getting your PGWP.
but i have all of the legal proofs what happened with me during the time frame. I mean cant wait for such long already being 6 + years in canada
ok sure is my air tickets and my dad surgery bills and doctors note gonna help me out and what time frame is with the lawyer like how many weeks or months
Not necessarily. You stopped studying for months. Your permit should have been cancelled at some point and wasn’t. You started at one school and withdrew, then went to BCIT withdrew, and then went back to first school first school over a year later. According to your timeline below, this has nothing to do with your father’s illness. You needed to complete a program at one school and you withdrew and started at BCIT. This was even before your father became ill. Did you inform IRCC when you changes schools. The part in bold was before your father became ill. So your completed program at ACsenda was never eligible for PGWP because you withdrew and started back over a year later.
my name is Raj . I completed my4 years of Graduation in 5 years from Acsenda School of Management. In Acsenda, there are 4 official terms. I came here in Term 4, the year 2017. I pursued my education till term 1, the year 2018, and thereafter I took one official Break from school which is during Term 2 2018. In term 3 2018, I withdraw the courses from Acsenda and Moved to BCIT. I studied at BCIT for a few weeks and Got information about my father's illness. Therefore, I have to fly back to my home country to take care of my dad (29th September 2018- 10th December 2018), after landing back in Vancouver in December 2018, I decided to look for courses (Term 1- 2019) to get enroll into BCIT, but unfortunately, I looked into the BCIT website and most of the courses were full. In March 2019, I again went back to my home and came back in April 2019 (7th march 2019 to 29th march 2019). I get enrolled back in Acsendain term-3 2019 (full-time), term-4 2019 (full-time), term-1 2020 (full-time), term-2 2020 (on official break), term-3 2020 (full-time), term-4 2020 (full-time), term-1 2021 (full time), term-2 2021 (full time), term-3 2021 (full time), term-4 2021 (official break), term-1 2022 (full time), term-2 2022 (full time), term-3 2022 (full time), term-4 2022 (full time).
It's impossible for any of us to say how long you may be waiting for a decision. It could very well be a long time.
Again, please start working with a lawyer as soon as possible.
Let me send you my affidavit it will ease my case to understand
RE: REQUEST FOR RESTORATlON OF STATUS AS A STUDENT AND GRANT OF POST GRADUATION WORK PERMIT.
l . Officer on September 15, 2017, I Prajwal (UCl No: 1107703568) entered Canada as a student (Study Permit No: S302162112) It was valid till December 31, 2021. I was also issued a Co-op work permit (Work Permit No: S302162112).
2. In Acsenda School of Management, I took a four-year bachelor's degree in hospitality management (BHM). I completed fou11h semester of 2017 and first semester of 2018 in Acsenda College.
3. Inthesecondsemesterof2018ltookanofficialtermbreak(Copyofletter attached).
4. OnJune12,2018,IwasenrolledinBCIT(StudentNo:AOI082012),Burnaby British Columbia in general business management program. So, I withdrew the course from Acsenda School of Management.
5. AfterattendingBCITforashortperiodof3-4weeks,tragicnewsstruck me. My father Manmohan Kumar got oral cancer and his health started to worsen. He was not able to eat and breathe properly as he was diagnosed with squamous cell carcinoma oral cavity. I got really worried about my father's health. My mother was under tremendous stress and my younger brother, being a student, was unable to handle the family situation.
6. On September 29, 2018, I went to back to my home country, India as I had no choice. 1 stayed there for more than 2 months till December l 0, 2018, taking care of my father, and providing moral support to my family. It was a very hard time for me and my family. (Copy of Air tickets attached).
7. DuringmystayinIndia,ItookmyfathermultipletimestoPGIhospital, Chandigarh, and various hospitals for medical checkups. It was such a bad time that my father had to shut down his hardware showroom and my mother had to leave her tutoring profession. It led to financial traps for the family.
8. WhileIwasinIndiatakingcareofmyfatherandstrugglingforfamily,I received an unofficial transcript from BCIT with grades showing withdrawal and vanished status. It fu1ther increased my stress.
9. Officer once 1 was called by Immigration officer in 2018 at 1148 Hornby St,
Vancouver, BC. I showed my official break letter to them, and they confirmed
me that I am good to go for further studies and immigration process.
l 0.On December 10, 2018, I returned to Canada, and l tried my level best to enroll myself in courses in BCIT, but all the courses were booked by that time, and I was not able to get a spot in any of the courses. My grandfather also called and sent emails to BCIT explaining my critical situation, but it was of no help. (Copy of proofs attached)
11.On March 7, 2019, I had to go back to India again as my father Manmohan Kumar was admitted in Patel Hospital as he was diagnosed
with squamous cell carcinoma oral cavity. My father had to undergo crucial surgery and he needed my support to help him during his tough times. His lower jaw and tongue were removed so my father could not eat or even breathe properly. I was ni India taking care of my father til March 29, 2019. 12.As I could not get courses in BCIT I decided to rejoin Acsenda School of Management, as my last option. At that time Ascenda School of Management courses were all full.
13.1 enrolled back in Aesenda and attended full-time terms 3 and 4 in 2019 and t e r m 1 ni 2 0 2 0 . I n 2 0 2 0 I t o o k a n o f f i c i a l b r e a k i n t e r m . 2 A g a i n , I w a s a f u l l - time student ni terms 3 and term 4of 2020. I was again full-time student in terms 1, 2 and 3 in 2021. In the last term of 2021 (term 4) I took an official break. I was again a full-time student in terms 1, 2, 3and 4in the year 2022. 14.Officer, I took official breaks as per policy of Acsenda School of Management only and any gap in my studies were only because of my helplessness. As a son I could not leave my father alone during these hard times. Otherwise, I am a future conscious sincere student and always have done my studies and worked hard.
15. In the meantime, my study permit along with my co-op work permit was extended up to March 31, 2023 (Study Permit No: S304361833). I maintained my GPA and received official academic record from Acsenda School of Management.
16. In December 2022, I completed my course at Acsenda School of Management. I was granted a completion letter and Degree in Bachelor of hospitality management from Acsenda School of Management in January 2023.
17.My study permit was valid till March 31, 2023. I applied for my post- graduation work permit on January 27, 2023. (Work Permit No: 308105705) 18.Officer when Iapplied for post-graduation work permit, Icould not
explain the details of my bad situation which I had to go through during
my studies in Canada. I got refusal letter on May 17, 2023, I was shocked to receive the refusal letter for my post-graduation work permit application, and I came ot know the reason for my PGWP refusal was lack of full-time student status in Canada during each academic session.
19.Officer, I remained in shock for almost 10 days after reading the refusal letter and even my parents are in great depression. My father unexpectedly got
cancer and being his son, it was very crucial for me to be by his side during his hard times and give him moral support and encouragement to recover.
20.Officer, I understand it si important for foreign students ot maintain a full-time status for their studies. But I had a health emergency for my father, and he badly needed me to be with him and I had to go to my home country for surgery to look after him.
21.1 am really very sorry for the missed time that I was not in Canada and the affect it had on my studies. My father has spent his entire life raising me
and providing me with all the necessities of life. He went out of his comfort zone to send me to Canada so I can get good education. We could have never imagined ni a hundred years my father being diagnosed with cancer. It was a
very tough time for my parents, and they needed their son to take care of them
and help them get through these tough times.
22.Officer, I requested my best friend Karan Pratap Singh Nanda to support me in these tough times. He is supporting me by providing free boarding and lodging June 01, 2023 onwards till the time I get my post-graduation work permit and I am allowed to work. (Copy of Affidavit for boarding and lodging by Karan Pratap Singh Nanda attached)
23.Officer, please help me. I am attaching fees receipts for $350.00 for restoration
of status as a student and paying online fees of $255.00 for Post graduation
work permit. I am thankful ot you for considering my genuine case and helping me out in this tough time.
24.Officer, please reconsider my genuine situation and spend some more time on my application as ti affects my entire life. I am a law - abiding, hardworking
and respectful person. My parents are in pain as they have high hopes for me.
25. Officer, please please please you are requested to use your discretionary powers and help me out by considering my genuine situation and restore my status as a student and grant me a post-graduation
I'll be really honest. This is not well written. It's not well organized, is missing key information, and contains irrelevant information. You really need to start working with a lawyer.
Sure i will, just waiting for monday Weekends offices are closed and have few days to do appeal inside canada while outofstatus
l . Officer on September 15, 2017, I Prajwal (UCl No: 1107703568) entered Canada as a student (Study Permit No: S302162112) It was valid till December 31, 2021. I was also issued a Co-op work permit (Work Permit No: S302162112).
2. In Acsenda School of Management, I took a four-year bachelor's degree in hospitality management (BHM). I completed fou11h semester of 2017 and first semester of 2018 in Acsenda College.
3. Inthesecondsemesterof2018ltookanofficialtermbreak(Copyofletter attached).
4. OnJune12,2018,IwasenrolledinBCIT(StudentNo:AOI082012),Burnaby British Columbia in general business management program. So, I withdrew the course from Acsenda School of Management.
As soon as you changed schools (and you were obligated to inform IRCC), you were not longer eligible for a PGWP with Acsenda. This has nothing to do with father’s illness or the very confusing storyline after this. Get a lawyer.
can anyone tell me whats the difference between a judicial review and appeal.? Which is better?