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PGWP Extension

mhv

Member
Dec 6, 2013
16
0
I studied for 2 years in Canada. My passport is expiring on Aug 24, my work permit was issued in April 2016 till the date of my passport expiry (Aug 24, 2018). There is a remark which says ‘temporary resident status maintained as per rule r183 (6)’. Am I eligible to extend PGWP once I renew passport? How do I apply for PGWP extension?
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
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PNP
I studied for 2 years in Canada. My passport is expiring on Aug 24, my work permit was issued in April 2016 till the date of my passport expiry (Aug 24, 2018). There is a remark which says ‘temporary resident status maintained as per rule r183 (6)’. Am I eligible to extend PGWP once I renew passport? How do I apply for PGWP extension?

No it doesn't mean your PGWP was issued due to the expiration of your passport. So your PGWP is not extendable

See below

183 (1) Subject to section 185, the following conditions are imposed on all temporary residents:
  • (a) to leave Canada by the end of the period authorized for their stay;

  • (b) to not work, unless authorized by this Part or Part 11;

  • (b.1) if authorized to work by this Part or Part 11, to not enter into an employment agreement, or extend the term of an employment agreement, with an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages;

  • (b.2) if authorized to work by this Part or Part 11, to not enter into an employment agreement, or extend the term of an employment agreement, with an employer referred to in any of subparagraphs 200(3)(h)(i) to (iii); and

  • (c) to not study, unless authorized by the Act, this Part or Part 12.
  • Marginal note:Authorized period of stay
    (2) Subject to subsections (3) to (5), the period authorized for the stay of a temporary resident is six months or any other period that is fixed by an officer on the basis of
    • (a) the temporary resident’s means of support in Canada;

    • (b) the period for which the temporary resident applies to stay; and

    • (c) the expiry of the temporary resident’s passport or other travel document.
  • Marginal note:Authorized period begins
    (3) The period authorized for the stay of a temporary resident begins on
    • (a) if they are authorized to enter and remain in Canada on a temporary basis, the day on which they first enter Canada after they are so authorized;

    • (a.1) if they have become a temporary resident in accordance with subsection 46(1.1) of the Act, the day on which their application to renounce their permanent resident status is approved; and

    • (b) in any other case, the day on which they enter Canada.
  • Marginal note:Authorized period ends
    (4) The period authorized for a temporary resident’s stay ends on the earliest of
    • (a) the day on which the temporary resident leaves Canada without obtaining prior authorization to re-enter Canada;

    • (b) the day on which their permit becomes invalid, in the case of a temporary resident who has been issued either a work permit or a study permit;

    • (b.1) the day on which the second of their permits becomes invalid, in the case of a temporary resident who has been issued a work permit and a study permit;

    • (c) the day on which any temporary resident permit issued to the temporary resident is no longer valid under section 63; or

    • (d) the day on which the period authorized under subsection (2) ends, if paragraphs (a) to (c) do not apply.
  • Marginal note:Extension of period authorized for stay
    (5) Subject to subsection (5.1), if a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until
    • (a) the day on which a decision is made, if the application is refused; or

    • (b) the end of the new period authorized for their stay, if the application is allowed.
  • Marginal note:Non-application
    (5.1) Subsection (5) does not apply in respect of a foreign national who is the subject of a declaration made under subsection 22.1(1) of the Act.
  • Marginal note:Continuation of status and conditions
    (6) If the period authorized for the stay of a temporary resident is extended by operation of paragraph (5)(a) or extended under paragraph (5)(b), the temporary resident retains their status, subject to any other conditions imposed, during the extended period.
 

russ6970

VIP Member
Sep 14, 2017
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If the PGWP was 3 years and was issued in April 2016 it should expire on April 2019. So your passport expires August 2018 then? I though people could get an extension if this was the case?
 

surjeet

Full Member
Jun 11, 2011
36
1
I studied for 2 years in Canada. My passport is expiring on Aug 24, my work permit was issued in April 2016 till the date of my passport expiry (Aug 24, 2018). There is a remark which says ‘temporary resident status maintained as per rule r183 (6)’. Am I eligible to extend PGWP once I renew passport? How do I apply for PGWP extension?
You should be fine. You can apply for another year of work permit extension after renewal. My friend did that as well. Just explain that in loe. You will get extension till april 2019
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
In order to be eligible for extending a PGWP, on your PGWP the footnote should have a remark "Passport must be renewed for further extensions"
If you don't have that, then your PGWP is not extendable.
 

surjeet

Full Member
Jun 11, 2011
36
1
Its a rule to get 3 year work permit if your study is of 2 years or more. As you already have 2 years of study, regardless of what it says on your passport, explain that in the letter of explanation. You will get it definitely
 

mhv

Member
Dec 6, 2013
16
0
In order to be eligible for extending a PGWP, on your PGWP the footnote should have a remark "Passport must be renewed for further extensions"
If you don't have that, then your PGWP is not extendable.
Thanks. It says ‘Temporary Resident status maintained as per r183(6). Issued to passport expiry. Post Graduate Work Permit’.
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
Its a rule to get 3 year work permit if your study is of 2 years or more. As you already have 2 years of study, regardless of what it says on your passport, explain that in the letter of explanation. You will get it definitely
No that is incorrect. It doesn't mean if you study 2 years , you will for sure get 3 years PGWP. Its really upto each immigration officers who handle your file. You can either get 2 years or 3 years PGWP. Each case is different.
 

surjeet

Full Member
Jun 11, 2011
36
1
No that is incorrect. It doesn't mean if you study 2 years , you will for sure get 3 years PGWP. Its really upto each immigration officers who handle your file. You can either get 2 years or 3 years PGWP. Each case is different.
This is from CIC
If the duration of the program of study is 2 years or longer as confirmed by the DLI, the duration of the work permit should be 3 years.
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
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This is from CIC
If the duration of the program of study is 2 years or longer as confirmed by the DLI, the duration of the work permit should be 3 years.
Like I said, each case is different. Some of my friends did 2 years and got 2 years PGWP and others got 3 years PGWP.
 

msmahmood

Star Member
Mar 22, 2015
189
27
Category........
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In order to be eligible for extending a PGWP, on your PGWP the footnote should have a remark "Passport must be renewed for further extensions"
If you don't have that, then your PGWP is not extendable.
This is wrong information. Please let me know proof of this.
I had several friends whose pgwp didn't say anything like this, and my own work permit didn't say anything like this yet we were able to get pgwp extended to its full length(3years).
 
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Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
This is wrong information. Please let me know proof of this.
I had several friends whose pgwp didn't say anything like this, and my own work permit didn't say anything like this yet we were able to get pgwp extended to its full length(3years).
For PGWP to be extendable is when you submit a passport that expires within 2 or 3 years. Then the VO will include footnote on your PGWP to inform that since the expiration date of your passport is less to what your intended expiration of the PGWP then you can only submit to extend it.
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
This is wrong information. Please let me know proof of this.
I had several friends whose pgwp didn't say anything like this, and my own work permit didn't say anything like this yet we were able to get pgwp extended to its full length(3years).

There are plenty cases on this forum that shows that applicants are able to extend their PGWP only because of circumstances to what I have stated above.