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Got rejected post graduation work permit at Niagara boarder

Kt1170

Member
Jul 6, 2017
11
1
Hi,
I applied for PGWP at niagara boarder and got rejected. She told me that you are still working after your study is done hence i dont meet criteria of 186(v) of IRPR. But in this 186(v), there is no such written criteria about working after study is done and before having work permit.
Can anyone help plz?
 

scylla

VIP Member
Jun 8, 2010
95,909
22,153
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
It's difficult to comment without knowing the full details of your profile (e.g. when you finished school, if your study permit is still valid, etc.).

Generally speaking, we see many instances where people are not successful at obtaining a PGWP at the border and have to apply online instead.
 
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Kt1170

Member
Jul 6, 2017
11
1
I finished school in april. Convocation was on 23rd June and study permit is valid untill 31st July,2017
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Hi,
I applied for PGWP at niagara boarder and got rejected. She told me that you are still working after your study is done hence i dont meet criteria of 186(v) of IRPR. But in this 186(v), there is no such written criteria about working after study is done and before having work permit.
Can anyone help plz?
http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-35.html#h-96

186 A foreign national may work in Canada without a work permit
  • (v) if they are the holder of a study permit and
    • (i) they are a full-time student enrolled at a designated learning institution as defined in section 211.1,

    • (ii) the program in which they are enrolled is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary level offered in Quebec, in each case, of a duration of six months or more that leads to a degree, diploma or certificate, and

    • (iii) although they are permitted to engage in full-time work during a regularly scheduled break between academic sessions, they work no more than 20 hours per week during a regular academic session; or
  • (w) if they are or were the holder of a study permit who has completed their program of study and
    • (i) they met the requirements set out in paragraph (v), and

    • (ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application.
 

Kt1170

Member
Jul 6, 2017
11
1
http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-35.html#h-96

186 A foreign national may work in Canada without a work permit
  • (v) if they are the holder of a study permit and
    • (i) they are a full-time student enrolled at a designated learning institution as defined in section 211.1,

    • (ii) the program in which they are enrolled is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary level offered in Quebec, in each case, of a duration of six months or more that leads to a degree, diploma or certificate, and

    • (iii) although they are permitted to engage in full-time work during a regularly scheduled break between academic sessions, they work no more than 20 hours per week during a regular academic session; or
  • (w) if they are or were the holder of a study permit who has completed their program of study and
    • (i) they met the requirements set out in paragraph (v), and

    • (ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application.
So is it in favor of mine or not?
Because officer over there told me that you are involved in unauthorized work. Even I am not working full-time after my school is done.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
So is it in favor of mine or not?
Because officer over there told me that you are involved in unauthorized work. Even I am not working full-time after my school is done.
Read it. (v) says you could work during scheduled breaks while you were a full-time student. (w) says you could work after finishing your studies if you applied for a PGWP.
 

Kt1170

Member
Jul 6, 2017
11
1
Read it. (v) says you could work during scheduled breaks while you were a full-time student. (w) says you could work after finishing your studies if you applied for a PGWP.
Ok. Thanks for reply.
Do you recommend me to apply online now? And explain all this in additional letter.
 
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Gurjeet101

Member
Jul 12, 2018
13
3
Hi,
I applied for PGWP at niagara boarder and got rejected. She told me that you are still working after your study is done hence i dont meet criteria of 186(v) of IRPR. But in this 186(v), there is no such written criteria about working after study is done and before having work permit.
Can anyone help plz?
Hey.. did you get you pgwp?
 

Kt1170

Member
Jul 6, 2017
11
1
Just apply online.. you will get it. But when u apply online in document attachments add one addtional explanation letter about your rejection. Tell them that i did not know i can not work. I respect boarder officer decision and have stopped working.