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Graduated. Permit Expired. Restoration. PGWP. Out of status

kmi85

Member
Jul 11, 2017
18
0
Hello, so silly me let the days go by and ended up having an expired study permit. Now my interest is getting a PGWP which can only be applied for with a Valid student permit. I'm wondering if anyone is in the same situation.

SP expiry: Jul 03, 2017. Applied for PGWP and Restoration: Jul 05, 2017.

Due to a technical issue I have applied to withdraw my applications as I cannot access one of them (gckey is supposedly revoked)

1. When applying for restoration, should I apply to restore as a worker, visitor, or as a student?
2. If student, how? I have graduated already (in June 08, 2017). To extend it requires a letter of acceptance/ proof of enrollment which does not longer apply as I graduated.
3. Should I apply for:
a) Restoration as visitor, and the PGWP.
b) Rest. as a worker, and PGWP.
c) Rest. as a student (somehow) and PGWP.
d)/ Rest. as a student, extension of student permit, and PGWP.
4. Apply on-line or paper?
5. Should I apply to another college to get the student visa and apply for the PGWP? Although I doubt it would be within the 90-day period of graduation/grades.

I'm freaking out people, so any help is appreciated.
 

addy1990

Star Member
May 30, 2016
75
4
You my friend need to consult a lawyer asap :) rather than take suggestions from here as none of us are pros here .. we can only suggest .. and give our perspective.

your case is complicated so my advise would be go meet a lawyer asap.

Most likely you would have to leave canada though .
 
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kmi85

Member
Jul 11, 2017
18
0
You my friend need to consult a lawyer asap :) rather than take suggestions from here as none of us are pros here .. we can only suggest .. and give our perspective.

your case is complicated so my advise would be go meet a lawyer asap.

Most likely you would have to leave canada though .
Hi - thanks :) Yeah I know. I'm waiting to meet with a lawyer - but also wanted to see who has gone through it and how because I know I'm not alone in that and the frustration is killing me. Also, I've read horror stories about lawyers taking too long to get back to you or just over charging for simple services. Thanks!
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,204
Visa Office......
London
App. Filed.......
06/12
c) Rest. as a student (somehow) and PGWP.
You need to apply for Restoration as a student and a PGWP. Note that you will have to pay the $155 study permit fee, $200 Restoration fee and $255 PGWP fee.
 
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kmi85

Member
Jul 11, 2017
18
0
You need to apply for Restoration as a student and a PGWP. Note that you will have to pay the $155 study permit fee, $200 Restoration fee and $255 PGWP fee.
Thanks :) And would you know how that could be possible if I have already graduated?
 

scylla

VIP Member
Jun 8, 2010
95,710
22,018
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You need to apply for Restoration as a student and a PGWP. Note that you will have to pay the $155 study permit fee, $200 Restoration fee and $255 PGWP fee.
This. Agreed you need to apply to restore your status to student and then also apply for a PGWP. Big mistake some people make is only applying to restore their status and the PGWP - that will end in refusal.
 
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scylla

VIP Member
Jun 8, 2010
95,710
22,018
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010

kmi85

Member
Jul 11, 2017
18
0
Many others have done it.
Oh thank god! that's a relief to hear. Now I see supposedly that applying on paper is better for such matters - although it does say you can apply online grrr so now that's another dilemma. Where are this people that have restored it after graduating!! Lol it would be awesome if I could get one of them to advise me. Thank you so much!!
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,204
Visa Office......
London
App. Filed.......
06/12
Oh thank god! that's a relief to hear. Now I see supposedly that applying on paper is better for such matters - although it does say you can apply online grrr so now that's another dilemma. Where are this people that have restored it after graduating!! Lol it would be awesome if I could get one of them to advise me. Thank you so much!!
There are a few threads about it on here. It is not a common situation, so you will have to really search for them
 

kmi85

Member
Jul 11, 2017
18
0
There are a few threads about it on here. It is not a common situation, so you will have to really search for them
Hello canuck - how are you? I've managed to get an enrollement letter for the 2017-2018 session as an unclassified student, but no admission letter as I am already admitted since 2014' domyou think that could work when applying for extension?
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,204
Visa Office......
London
App. Filed.......
06/12
Hello canuck - how are you? I've managed to get an enrollement letter for the 2017-2018 session as an unclassified student, but no admission letter as I am already admitted since 2014' domyou think that could work when applying for extension?
I don't know. You will just have to try.
 

kmi85

Member
Jul 11, 2017
18
0
Okay so I'll post a reply to someone as an update of the situation so you guys know what I ended up doing and take it into consideration.

Hello, I consulted with some immigration lawyers and they of course promised the world to me. However, to my understanding of things, restoration is not something the officer SHOULD approve because you are in fact breaking the law by being in the country unlawfully. So I decided that, yes, maybe the lawyer could write an awesome Explanation letter for me, but that did not guarantee anything whatsoever. I would be staying in the country paying rent and other expenses for four months without doing anything.

I decided to leave the country because I believe that was my safest bet as everything would be at the discretion of the immigration officer. It would be right for the officer to deny me the restoration and I did not want to be potentially mailed a departure order that would further blemish my record. So I packed my stuff up, left it at a friends, grabbed a bag and took it with me, and left two weeks later after my permit expired and four days later after I decided it would be best for me to leave. I prefer to have left on my terms that an official request to leave the country, that could happen in four months and having to pack up and make arrangements to leave before the date they give you and rush through that wasting money on the lawyer and rent. I requested for my applications to be withdrawn and up unitl two weeks ago, the application for the pgwp was withdrawn.

It is up to you, truly, in my case it was my mistake so it depends on the situation; two mistakes - as I found out which helped make my decision: 1). Working AFTER having graduated. 2). Overstaying. So that's two violations in my case which led me to believe that waiting to for a restoration would be a lost cause, and a waste of money and time.

I will now apply for master's school or another undergraduate program just so I can comeback, further my education and career and request the PGWP after.

Best of luck on whatever you decide.
Word of advise - the lawyer was asking me for a $2000 retainer just so they could take the case and god knows that else they could have charged me. And he also mentioned something about getting the PR after that for about $7000 so they could help me out with the process - so yeah, of course it sounds great because they would make sure to get you where you want and need but - like I told the lawyer - too good to be true. That would be $2000 on top of the $600 a month for rent for 4 months plus whatever else - so, do your research. Go to Immigration Centers - they can get you 30min consults for free with immigration lawyers or for a lower price.

If you do get refused, there's nothing else to do but leave the country. Do not try to appeal the decision you because you will lose and will potentially be removed permanently from Canada. As a matter of fact, I was told it was because someone who appealed the ruling, a student who had overstayed and such, who obviously lost - because of that, the immigration officers are a little bit harsher because there now exists a legal precedent of such cases.
 

Lavi5040

Newbie
Sep 19, 2018
3
0
You need to apply for Restoration as a student and a PGWP. Note that you will have to pay the $155 study permit fee, $200 Restoration fee and $255 PGWP fee.
Hey Canuck,
I did it the same way, I applied for PGWP, restoration as a student. Paid 605$ total fees and applied on paper. With a letter of explanation. This is the correct way right?
I didn’t violate any law. Not worked more than 20 hours. Full time student with no breaks for 2 years. I am not working since the permit expired. Is there any other reason that they can refuse my application?
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,204
Visa Office......
London
App. Filed.......
06/12
Hey Canuck,
I did it the same way, I applied for PGWP, restoration as a student. Paid 605$ total fees and applied on paper. With a letter of explanation. This is the correct way right?
I didn’t violate any law. Not worked more than 20 hours. Full time student with no breaks for 2 years. I am not working since the permit expired. Is there any other reason that they can refuse my application?
Yes, that is correct. Approval is never a guarantee.
 

snkme

Newbie
Dec 23, 2023
4
0
My status expired as a student hence I had to apply for restoration and PGWP but I got refusal.Im not sure what I did wrong as the refusal said I should apply for restoration.Which I think I did because I paid the restoration fee as well and attached the receipt.Please guide if I’m lacking somewhere