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!

 

[ref19to22]

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!

I am sorry to hear about your situation and how hard it has been, I hope you have been able to find support in the ways that you need.
As you said your situation is quite unique and perhaps other more senior members can help you, I would recommend looking for a legal clinic in your area where you can have a short free consult with a lawyer who can give you some insight into what your options are. Some Ontario options below, hopefully your province will have similar services

If you are in Ontario
the Law Society Referral Service offers free 30min consults for this purpose https://lso.ca/public-resources/finding-a-lawyer-or-paralegal/law-society-referral-service
Neighborhood based legal clinics also do something similar and can be found here https://www.legalaid.on.ca/legal-clinics/

take care and good luck!

 

[Impatient Dankaroo]

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!

Having PTSD is not cause for being a refugee. Do you know what a refugee is? It’s for people who are fleeing war due and persecution from governments like Ukraine or Syria. You can easily escape to another part of your home country to escape your parents.

 

[forevermore76]

Although I sympathize with OP and hope they get the help they deserve, I can't wait to exercise my right to vote. The liberal govt needs to be put out of it's misery so a new govt with a fresh mandate from Canadians can at least make an attempt to fix immigration. As much as I don't support Trump, he deserves some recognition as any new changes seen in our immigration policy is actually because of him.

Land border with US on one side and ocean on other 3, it really takes a colossal level of screwups to get to where we are today.

 

[iSaidGoodDay]

Although I sympathize with OP and hope they get the help they deserve, I can't wait to exercise my right to vote. The liberal govt needs to be put out of it's misery so a new govt with a fresh mandate from Canadians can at least make an attempt to fix immigration. As much as I don't support Trump, he deserves some recognition as any new changes seen in our immigration policy is actually because of him.

Land border with US on one side and ocean on other 3, it really takes a colossal level of screwups to get to where we are today.

OP came to Canada in 2015 as a student. Even if they had a year of exp in Canada after that, they would have qualified for so many draws(75 CRS!). OP had a long run where they could've landed a PR.

 

[Nanako]

Having PTSD is not cause for being a refugee. Do you know what a refugee is? It’s for people who are fleeing war due and persecution from governments like Ukraine or Syria. You can easily escape to another part of your home country to escape your parents.

Thank you for your explanation. I understand that having PTSD or other mental illnesses does not mean someone qualifies as a refugee. If my statement was misleading in any way, please allow me to apologize in advance. I realize this could make refugees who have endured the horrors of war feel that anyone can claim refugee status, which would diminish and disrespect their suffering. That was never my intention.

I read 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. In my case, my mother nearly beat me to death multiple times during my childhood, and even if I were to return to China now, she could still locate me. In China, the public security system and personal privacy can sometimes be misused.

I consulted with an immigration lawyer who told me that my situation fits the definition of a refugee. However, I am not entirely sure. As you mentioned, the common understanding of a refugee is someone from a war-torn country, so I cannot easily take the lawyer’s statement at face value.

Regardless, I greatly appreciate your perspective. This is exactly where my confusion lies. If you are willing to share more of your thoughts, I would be very grateful!

 

[Nanako]

I am sorry to hear about your situation and how hard it has been, I hope you have been able to find support in the ways that you need.
As you said your situation is quite unique and perhaps other more senior members can help you, I would recommend looking for a legal clinic in your area where you can have a short free consult with a lawyer who can give you some insight into what your options are. Some Ontario options below, hopefully your province will have similar services

If you are in Ontario
the Law Society Referral Service offers free 30min consults for this purpose https://lso.ca/public-resources/finding-a-lawyer-or-paralegal/law-society-referral-service
Neighborhood based legal clinics also do something similar and can be found here https://www.legalaid.on.ca/legal-clinics/

take care and good luck!

Thank you so much for your response and the following links! I am in Alberta but these help too. I am trying to find a lawyer in Edmonton.

 

[Nanako]

OP came to Canada in 2015 as a student. Even if they had a year of exp in Canada after that, they would have qualified for so many draws(75 CRS!). OP had a long run where they could've landed a PR.

Yes, I feel so sad that I missed the 75 crs draws. I did knew the 75 crs draws happened during that period of time, but I was so sick then, mentally, I could not do any action on anything. I am glad that other people seize the opportunity though.

 

[canuck78]

Thank you for your explanation. I understand that having PTSD or other mental illnesses does not mean someone qualifies as a refugee. If my statement was misleading in any way, please allow me to apologize in advance. I realize this could make refugees who have endured the horrors of war feel that anyone can claim refugee status, which would diminish and disrespect their suffering. That was never my intention.

I read 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. In my case, my mother nearly beat me to death multiple times during my childhood, and even if I were to return to China now, she could still locate me. In China, the public security system and personal privacy can sometimes be misused.

I consulted with an immigration lawyer who told me that my situation fits the definition of a refugee. However, I am not entirely sure. As you mentioned, the common understanding of a refugee is someone from a war-torn country, so I cannot easily take the lawyer’s statement at face value.

Regardless, I greatly appreciate your perspective. This is exactly where my confusion lies. If you are willing to share more of your thoughts, I would be very grateful!

You would have to show that you risk being hurt by your mother as an adult anywhere in China. Your abuse happened as a child likely under your mother’s roof so as an adult you don’t have to live with her or near her. It would be a tough case to prove but you can certainly try. There are significant consequences to filing asylum so it’s not something you should consider unless you have a high chance of approval. IRB/IRCC will be looking very carefully at international students who claim asylum so you’re likely at a higher risk of refusal than previously.

 

[Nanako]

You would have to show that you risk being hurt by your mother as an adult anywhere in China. Your abuse happened as a child likely under your mother’s roof so as an adult you don’t have to live with her or near her. It would be a tough case to prove but you can certainly try. There are significant consequences to filing asylum so it’s not something you should consider unless you have a high chance of approval. IRB/IRCC will be looking very carefully at international students who claim asylum so you’re likely at a higher risk of refusal than previously.

Thank you so much for your reponse. That is excatly I am thinking and worring about. As you said, I am an adult now and I have more ways to protect myself, compaing to me in the childhood. But the IRCC website also says that one of the reason that some one may apply as a refugee is "the fear of being treated violently“, so I wonder it does not need to be the "real violence". I left China and came to Canada when I was 18, in my mind Canada is the symbol of safe and peace, and China means pain(just from my family violence's perspective). But yes, anyone can claim that they have fear of something and misuse this as an excuse to apply for the refugee. It is hard to prove, especially there are many more international students are claiming asylum.

 

[scylla]

Thank you so much for your reponse. That is excatly I am thinking and worring about. As you said, I am an adult now and I have more ways to protect myself, compaing to me in the childhood. But the IRCC website also says that one of the reason that some one may apply as a refugee is "the fear of being treated violently“, so I wonder it does not need to be the "real violence". I left China and came to Canada when I was 18, in my mind Canada is the symbol of safe and peace, and China means pain(just from my family violence's perspective). But yes, anyone can claim that they have fear of something and misuse this as an excuse to apply for the refugee. It is hard to prove, especially there are many more international students are claiming asylum.

IMO you will struggle to successfully prove you have a bonifide refugee claim. One of the things you will need to demonstrate is that no matter where you go in the country, your mother will be able to find you and will be a threat to your life. China is huge. I don't see how this is going to be possible for you to prove. You would also need to show that your mother continues to be a threat to your life today, in addition to proving there is nowhere you can relocate to in China where you would be safe from her. Ultimately your call of course but it sounds to me like it will be a challenging path. Good luck.

 

[ref19to22]

Thank you for your explanation. I understand that having PTSD or other mental illnesses does not mean someone qualifies as a refugee. If my statement was misleading in any way, please allow me to apologize in advance. I realize this could make refugees who have endured the horrors of war feel that anyone can claim refugee status, which would diminish and disrespect their suffering. That was never my intention.

I read 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. In my case, my mother nearly beat me to death multiple times during my childhood, and even if I were to return to China now, she could still locate me. In China, the public security system and personal privacy can sometimes be misused.

I consulted with an immigration lawyer who told me that my situation fits the definition of a refugee. However, I am not entirely sure. As you mentioned, the common understanding of a refugee is someone from a war-torn country, so I cannot easily take the lawyer’s statement at face value.

Regardless, I greatly appreciate your perspective. This is exactly where my confusion lies. If you are willing to share more of your thoughts, I would be very grateful!

People coming from a war-torn country is only one type of refugee, there are many other circumstances that deem an individual a refugee as per canadian and international law which you can google. common understanding is very different from the law at times. my country is not war torn and my refugee hearing lasted only 20 minutes and the member/judge granted me asylum based on my story within the context of the law. every story is different.

It would be wise to remember that none of the ppl commenting here including me, have the information you or the lawyer you consulted do, so our opinions are personal and subjective. they will also likely feed in to any self doubt you may have.

the lawyer you consulted is a professional who studied the law and applied it to your circumstance, their opinion should be the one you rely on most. I would bet if you spoke to another immigration lawyer they would give you similar advice to the first lawyer. [edited] as suggested earlier speak to a lawyer from a non-profit background like legal aid or a community organization, this will eliminate the chance that the lawyer just wants to make money off of your case.

 

[canuck78]

People coming from a war-torn country is only one type of refugee, there are many other circumstances that deem an individual a refugee as per canadian and international law which you can google. common understanding is very different from the law at times. my country is not war torn and my refugee hearing lasted only 20 minutes and the member/judge granted me asylum based on my story within the context of the law. every story is different.

It would be wise to remember that none of the ppl commenting here including me, have the information you or the lawyer you consulted do, so our opinions are personal and subjective. they will also likely feed in to any self doubt you may have.

the lawyer you consulted is a professional who studied the law and applied it to your circumstance, their opinion should be the one you rely on most. I would bet if you spoke to another immigration lawyer they would give you similar advice to the first lawyer.

Sadly we see many lawyers and consultants giving poor advice to secure business so I wouldn’t just trust one lawyer’s opinion. Yes there are reasons other than current conflict to secure asylum but when you have been in Canada already for an extended amount of time, you don’t have other viable options to extend your stay in Canada, you don’t have recent experience of this threat and if you returned your situation would be very different (being a child vs an independent adult), etc. then those are huge considerations and make asylum claims much more challenging. Marc Miller has also indicated that international students claiming asylum while most didn’t have grounds has become a big issue and they will likely be targeted. Had our whole political system not imploded last week we may have gotten an announcement about changes to asylum processing.

 

[Copingwithlife]

…..and people even mentioning H&C for this persons situation . They don’t have enough points , nor qualify for a PGWP.
Whats the point of having a point system ? If people are giving HC as way to stay in the country ?
I’m positive some people giving advice on here are getting monetarily compensated. Ridiculous
Then some saying they would have qualified a few years ago with the points they have .
How is that relevant ? It’s not

They could move internally in there country , but let’s add another frivolous claim to an already bogged down system