Seeking Advice: PGWP Eligibility and Refugee Immigration Options

[Nanako]

Hello everyone,

I am an international student, currently studying in Canada. I am set to graduate in May 2025 and would like to remain in Canada to pursue permanent residency and, eventually, citizenship. However, my situation is unique, and I am seeking advice on potential immigration pathways.

My Background:

1. I came to Canada in 2015 to study at university. Unfortunately, I have had several terms during which I could not attend classes due to severe personal and mental health challenges.
2. These challenges stem from escaping an abusive family environment. My mother subjected me to severe emotional and physical abuse when I was in my country. I came to Canada in 2015 to escape. In 2020, she traveled to Canada without notice and attempted to forcefully enter my apartment. This traumatic incident caused significant psychological distress, leading to a diagnosis of complex PTSD, borderline personality disorder (BPD), anxiety, and depression.
3. As a result of these interruptions in my studies, I believe I may not qualify for a Post-Graduation Work Permit (PGWP).

My Questions:

1. Is it true that I would not be eligible for a PGWP given my situation? Are there any exceptions or alternative approaches I might consider?
2. I am considering applying for refugee status (as a Protected Person) due to my circumstances. Would this pathway suit my case? If so, are there any immigration lawyers with experience in similar cases that you would recommend?
3. If refugee status is not a viable option, are there other pathways to permanent residency that might work for someone in my situation?

I deeply appreciate any advice, insights, or recommendations you can offer. Thank you so much for your time and support!

 

[scylla]

Hello everyone,

I am an international student, currently studying in Canada. I am set to graduate in May 2025 and would like to remain in Canada to pursue permanent residency and, eventually, citizenship. However, my situation is unique, and I am seeking advice on potential immigration pathways.

My Background:

1. I came to Canada in 2015 to study at university. Unfortunately, I have had several terms during which I could not attend classes due to severe personal and mental health challenges.
2. These challenges stem from escaping an abusive family environment. My mother subjected me to severe emotional and physical abuse when I was in my country. I came to Canada in 2015 to escape. In 2020, she traveled to Canada without notice and attempted to forcefully enter my apartment. This traumatic incident caused significant psychological distress, leading to a diagnosis of complex PTSD, borderline personality disorder (BPD), anxiety, and depression.
3. As a result of these interruptions in my studies, I believe I may not qualify for a Post-Graduation Work Permit (PGWP).

My Questions:

1. Is it true that I would not be eligible for a PGWP given my situation? Are there any exceptions or alternative approaches I might consider?
2. I am considering applying for refugee status (as a Protected Person) due to my circumstances. Would this pathway suit my case? If so, are there any immigration lawyers with experience in similar cases that you would recommend?
3. If refugee status is not a viable option, are there other pathways to permanent residency that might work for someone in my situation?

I deeply appreciate any advice, insights, or recommendations you can offer. Thank you so much for your time and support!

1. The PGWP requires you to have completed your program without breaks, apart from regular summer breaks and breaks where you were on authorized leave from your school. So it would depend on whether you obtained approval to be on official leave from your school.
2. Submitting a refugee claim is only a good idea if you have a strong claim. So far the information you've provided does not indicate you have a strong claim. The situation with your family unfortunately doesn't give you grounds for having a strong refugee claim.
3. Economic immigration streams such as Express Entry and PNP are the best options. There is the H&C route but that has low approval rates.

 

[Nanako]

1. The PGWP requires you to have completed your program without breaks, apart from regular summer breaks and breaks where you were on authorized leave from your school. So it would depend on whether you obtained approval to be on official leave from your school.
2. Submitting a refugee claim is only a good idea if you have a strong claim. So far the information you've provided does not indicate you have a strong claim. The situation with your family unfortunately doesn't give you grounds for having a strong refugee claim.
3. Economic immigration streams such as Express Entry and PNP are the best options. There is the H&C route but that has low approval rates.

Thank you so much for your response. I have never heard H&C before, it really helps! Besides, I would also love to know that, what will be a strong claim to be a refugee(Protected Person)? The common understanding of a refugee is someone from a war-torn country, but on the IRCC website that if someone believes they would face life-threatening persecution upon returning to their home country, they could also be considered a refugee or protected person as well. In my case, my mother nearly beat me to death multiple times during my childhood, so I have deep fear about go back to my home country. I am confused now. Thank you for any ideas or help in advance!

 

[canuck78]

Thank you so much for your response. I have never heard H&C before, it really helps! Besides, I would also love to know that, what will be a strong claim to be a refugee(Protected Person)? The common understanding of a refugee is someone from a war-torn country, but on the IRCC website that if someone believes they would face life-threatening persecution upon returning to their home country, they could also be considered a refugee or protected person as well. In my case, my mother nearly beat me to death multiple times during my childhood, so I have deep fear about go back to my home country. I am confused now. Thank you for any ideas or help in advance!

Assume you are an adult now so you don’t have to have contact with your mother and don’t have to live in the same city. The childhood abuse was also a long time ago. Typically you need recent evidence of risk to your life and proof that there is nowhere safe in your home country where you can live. Did you ever live on your own in your home country?

 

[YVR123]

Thank you so much for your response. I have never heard H&C before, it really helps! Besides, I would also love to know that, what will be a strong claim to be a refugee(Protected Person)? The common understanding of a refugee is someone from a war-torn country, but on the IRCC website that if someone believes they would face life-threatening persecution upon returning to their home country, they could also be considered a refugee or protected person as well. In my case, my mother nearly beat me to death multiple times during my childhood, so I have deep fear about go back to my home country. I am confused now. Thank you for any ideas or help in advance!

For you argument, your mother were able to travel to Canada to "continue her abuse". So I am not sure the fear is tied to returning back to your home country.

 

[Copingwithlife]

Hello everyone,

I am an international student, currently studying in Canada. I am set to graduate in May 2025 and would like to remain in Canada to pursue permanent residency and, eventually, citizenship. However, my situation is unique, and I am seeking advice on potential immigration pathways.

My Background:

1. I came to Canada in 2015 to study at university. Unfortunately, I have had several terms during which I could not attend classes due to severe personal and mental health challenges.
2. These challenges stem from escaping an abusive family environment. My mother subjected me to severe emotional and physical abuse when I was in my country. I came to Canada in 2015 to escape. In 2020, she traveled to Canada without notice and attempted to forcefully enter my apartment. This traumatic incident caused significant psychological distress, leading to a diagnosis of complex PTSD, borderline personality disorder (BPD), anxiety, and depression.
3. As a result of these interruptions in my studies, I believe I may not qualify for a Post-Graduation Work Permit (PGWP).

My Questions:

1. Is it true that I would not be eligible for a PGWP given my situation? Are there any exceptions or alternative approaches I might consider?
2. I am considering applying for refugee status (as a Protected Person) due to my circumstances. Would this pathway suit my case? If so, are there any immigration lawyers with experience in similar cases that you would recommend?
3. If refugee status is not a viable option, are there other pathways to permanent residency that might work for someone in my situation?

I deeply appreciate any advice, insights, or recommendations you can offer. Thank you so much for your time and support!

In a nutshell you won’t qualify for a pgwp so you’re looking at asylum to stay.

You have family issues going on , not a strong or valid reason for asylum

https://www.canadavisa.com/canada-immigration-discussion-board/threads/seeking-advice-pgwp-eligibility-and-refugee-immigration-options.862625/#post-10977169

And you can move to another part of China without telling anyone