Further guidance after PGWP refusal

[ronny550]

Hi,
I came to Canada for Jan intake 2020, took 16 months course Robotics and industrial automation from Conestoga college and failed the courses and dropped the program the took another 8 months program from same institute. In last semester failed in four courses and retook the four courses as part time in year 2021 Jan. Failed again in three courses then took it in May 2021. Unfortunately my study permit needed to be extended as it was expiring on 31st July and missed the deadline and lost my study and work status. Then within 90 days applied for restoration and study permit extension taking another program from conestoga college again. In Dec 2021 received my study permit status approved and in an 2022 started a 8 months program. In last semester failed in one course so been a part time from Sept 2022 to Dec 2022 in order to graduate the program and finished the program in December. Then I took 4 months official break informing the college which we are allowed to take between two different programs which did not exceed 150 days. After that in May 2023 took another program from Conestoga college. But in last semester in Dec 2023 I failed in four courses and repeated those four courses as a part time student from Jan 2024 to April 2024 and graduated the program. So applied for pgwp on June 20 as my study permit was valid till July 31, 2024 and gotbwo ext authorization to work until 16th Dec or until a decision is made. But on 13th Dec 2024 received a refusal letter for pgwp from ircc stating "
[X] Foreign students in Canada are eligible for a work permit for post-graduation employment
only if they have maintained full time student status in Canada during each academic session of
the program or programs and have completed a program of study that is at least eight months in
duration at a:
• University, community college, CEGEP,
• publicly funded trade/technical school or
• private institution authorized by provincial statute to confer degrees."
But I was part time only for final semester to complete failed courses but was full time was rest of semester and completed the program. Also my passport is expiring on Dec 28th and it's in renewal process. So I feel passport expiry date also could be another reason. So should I send my application for reconsideration or is there any other step I can take immediately?

 

[Naturgrl]

So what is the program you are eligible for with timelines and whether it was full time or not. I read one 8 month program. Having expiring passport should not be a reason for refusal and it is not mentioned. Right now you are out of status and cannot work.

 

[ronny550]

Yes after receiving my restoration status back to student with approved study permit in Dec 2021, I took first 1 year (8 months) program Business Fundamentals in Jan 2022 and it has two semesters. So I failed in one course in last semester in Spring term and had to study as a part time that one failed course for the fall term and cleared the course and graduated the program in Dec 2022. The took a four months official break and the second program Human factors and Ergonomics which is also 1 year (8 months program) having two semesters and started in May 2023. But in final semester which was my fall term, I failed in four courses and retook the four courses in winter tem Jan 2024 as a part time and cleared the four courses and graduated the another program as well. So I think I am eligible for both programs as I have been part time in only final semester but completed the program.

 

[Naturgrl]

Yes after receiving my restoration status back to student with approved study permit in Dec 2021, I took first 1 year (8 months) program Business Fundamentals in Jan 2022 and it has two semesters. So I failed in one course in last semester in Spring term and had to study as a part time that one failed course for the fall term and cleared the course and graduated the program in Dec 2022. The took a four months official break and the second program Human factors and Ergonomics which is also 1 year (8 months program) having two semesters and started in May 2023. But in final semester which was my fall term, I failed in four courses and retook the four courses in winter tem Jan 2024 as a part time and cleared the four courses and graduated the another program as well. So I think I am eligible for both programs as I have been part time in only final semester but completed the program.

So one program is eligible for PGWP. To get PGWP for two programs, studies must be completed within two years.

So for the program you started in May 2023, you were only part time the last semester. You should be elgibile for a 8 month PGWP, but you have so many failures and started so many programs that may be why it was refused. Get a lawyer to help.

 

[ronny550]

I started first program in Jan 2022 and completed in Dec 2022. Same thing for another program started in May 2023 and completed in April 2024. So basically I should receive pgwp for both programs right as I completed them majority being full time and only part time in final semester. I mean can you clarify my doubt. Should I head on for reconsideration after talking to lawyer?

 

[canuck78]

I started first program in Jan 2022 and completed in Dec 2022. Same thing for another program started in May 2023 and completed in April 2024. So basically I should receive pgwp for both programs right as I completed them majority being full time and only part time in final semester. I mean can you clarify my doubt. Should I head on for reconsideration after talking to lawyer?

You ended up being part time for both degrees. You can be part-time in the last semester of all your studies not every program. You can try for reconsideration explaining your interpretation of the part-time for the last semester policy. You can also argue that you should at least be awarded PGWP for your last degree. I would hire a lawyer for your best chance.

 

[ronny550]

Who is the best lawyer I can hire. Is it David Cohen as I hears about him and he is an experienced one or some other if you would suggest me?

 

[Naturgrl]

I started first program in Jan 2022 and completed in Dec 2022. Same thing for another program started in May 2023 and completed in April 2024. So basically I should receive pgwp for both programs right as I completed them majority being full time and only part time in final semester. I mean can you clarify my doubt. Should I head on for reconsideration after talking to lawyer?

You are only entitled to a PGWP with the second program. If first program started in January 2022 then you need to have completed second program by January 2024. So if you were full time then may be eligible For the May 2023 to April 2024 program. Most likely you are out of status now and cannot apply from within Canada. Get a lawyer to help with next steps.

 

[ronny550]

I have 90 days to restore my status as I received refusal on 13th Dec. So I think I can apply for reconsideration and restoration and pgwp within 90 days I guess right?

 

[Naturgrl]

I have 90 days to restore my status as I received refusal on 13th Dec. So I think I can apply for reconsideration and restoration and pgwp within 90 days I guess right?

If the refusals states that you can then do so. You reapply paying the fees, and also submit letter of explanation from you and the school about your part time studies. You cannot work. You are only eligible for PGWP for the second program as explained above.

 

[ronny550]

So since I got refusal on dec 13th, should I apply for reconsideration today or after a week as my passport renewal is almost processing and later apply for restoration in Jan or apply it now together?

 

[Naturgrl]

So since I got refusal on dec 13th, should I apply for reconsideration today or after a week as my passport renewal is almost processing and later apply for restoration in Jan or apply it now together?

Reconsideration is through webform so do it today with explanation that you were full time for your May 2023 - April 2024 program. You need to restore status too. You need a lawyer.