Study permit about to expire, PGWP still in process

[canuck_in_uk]

@Konok keya @canuck_in_uk

Hello both, I hope you guys can guide me on this.
I am in the same situation than the original post. Well, mostly. I received the response from immigration for my PGWP application but they made a mistake, the reject it because they said I did apply for a restoration of my TR status and by paper, which I never did and also I am still under my study permit. Anyhow, now my case is under review and I have to wait for further instructions or if a decision is made.
Now my study permit expires next week, I guess my implied status as well since my original application was rejected and basically now is under revision. So my big question is, what should I do if I didn't receive any response and my study permit expires? Should I go to the border before expires and explain there to the officers? I will be still under implied status? Should I leave the country the day says expires or wait here?

Thank you guys very much in advance.

Post the refusal letter without personal information and post a timeline of applications.

 

[hannser]

Hi @canuck_in_uk
this is the letter, decision made on December 21st

(...)
This refers to your application for a Work Permit.
We cannot take any action in your case until such time as you re-apply by submitting a new
application by mail along with the following items:
An application to change conditions or extend your stay in Canada can only be considered as
having been made if it is made on the prescribed forms and if it is accompanied by the required
fees and all supporting documents. The entire application package is being returned to you for
the following reason(s):
Our records indicate that you are the holder of a Temporary Resident Permit and
continue to require a Temporary Resident Permit.

We cannot take any action in your case until such time as you resubmit your entire application
with a copy of this letter and the following item(s):
[X] An application for a Temporary Resident Permit, and;
[X] Two recent passport size photographs of yourself, and;
[X] Applicable fees
[X] All documentation in support of your application​

NOTE: Passports must be valid for the duration of your stay in Canada. Documents will not be
issued beyond the validity of passports.
(...)​

My PGWP application was submitted on Sept 5th.
Enquiry for reviewing sent it on Dec 24th.
Reply from IRCC that they received the enquiry and will go to review received on Dec 28th.
Study visa expires on Jan 16th.

Thank you again.

 

[Kiran vincent]

Hi, I am in a tricky situation here. My transcripts and graduation cirtificate did not go through on time and now it has been over 90days since I graduated. My student visa is still valid but I am confused if I would be able to apply for a PGWP after 90 days of graduation.

 

[canuck_in_uk]

Hi @canuck_in_uk
this is the letter, decision made on December 21st

(...)
This refers to your application for a Work Permit.
We cannot take any action in your case until such time as you re-apply by submitting a new
application by mail along with the following items:
An application to change conditions or extend your stay in Canada can only be considered as
having been made if it is made on the prescribed forms and if it is accompanied by the required
fees and all supporting documents. The entire application package is being returned to you for
the following reason(s):
Our records indicate that you are the holder of a Temporary Resident Permit and
continue to require a Temporary Resident Permit.

We cannot take any action in your case until such time as you resubmit your entire application
with a copy of this letter and the following item(s):
[X] An application for a Temporary Resident Permit, and;
[X] Two recent passport size photographs of yourself, and;
[X] Applicable fees
[X] All documentation in support of your application​

NOTE: Passports must be valid for the duration of your stay in Canada. Documents will not be
issued beyond the validity of passports.
(...)​

My PGWP application was submitted on Sept 5th.
Enquiry for reviewing sent it on Dec 24th.
Reply from IRCC that they received the enquiry and will go to review received on Dec 28th.
Study visa expires on Jan 16th.

Thank you again.

And you have never had or applied for a Temporary Resident Permit? Do you have a TRV?

 

[hannser]

And you have never had or applied for a Temporary Resident Permit? Do you have a TRV?

No, I haven't applied to anything since I applied to my PGWP neither I have a TVR.

 

[canuck_in_uk]

No, I haven't applied to anything since I applied to my PGWP neither I have a TVR.

Where are you from?

It seems like it was a mistake, so all you can do is wait for IRCC to review it.

 

[hannser]

Where are you from?

It seems like it was a mistake, so all you can do is wait for IRCC to review it.

From Chile.
I see, do you think I will be under implied status even after my SP expires?
What having me worry is it has been so long the waiting time (even if was a mistake) that I don't have the option to apply again if finally gets rejected because has been passed more than 90 days.

 

[canuck_in_uk]

From Chile.
I see, do you think I will be under implied status even after my SP expires?
What having me worry is it has been so long the waiting time (even if was a mistake) that I don't have the option to apply again if finally gets rejected because has been passed more than 90 days.

No, you would not have Implied Status. As you are already beyond the 90 days from finishing your studies, you couldn't apply again anyways.

 

[hannser]

No, you would not have Implied Status. As you are already beyond the 90 days from finishing your studies, you couldn't apply again anyways.

Is what I thought.
So basically my option is to keep waiting for the final decision?
Do you know if can I wait in Canada if I haven't received any answer when my SP expires? or should I get a visitor extension if I want to?

Cheers and thanks again.

 

[bongoman]

Hi, I am in a tricky situation here. My transcripts and graduation cirtificate did not go through on time and now it has been over 90days since I graduated. My student visa is still valid but I am confused if I would be able to apply for a PGWP after 90 days of graduation.

If its 90 days after graduation you are not eligible for PGWP. You can either join another course and then apply after finishing that, get a work permit through LMIA route or leave.

 

[bongoman]

No, I haven't applied to anything since I applied to my PGWP neither I have a TVR.

You have never gotten a TRPermit? Did you get the original SP through normal route or was there inadmissibility issues? Strange mistake for them to make.

 

[Goodwinthegr8]

Note that you will only be able to work 20 hours a week until you apply for a PGWP and you need 3 payslips for your spouse to apply for an OWP.

Thanks for the reply,
But can you please let me know, how can you say this work limit? As in CIC website (https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/work-off-campus.html), it does not clearly say anything about this 'period' when you have completed your course, marks are out but don't have any official transcripts or letter to apply for PGWP. If I go by the eligibility of working off campus then I should not even be eligible to work as I am not registered (full time or part time in case of last semester). However, all the given criteria don't meet even in summer break, when students are not registered, but still they can work full-time. So, during this period also I believe students are allowed to work full-time.

I have checked with some of my friends, who have already completed their study, and they said I can work full time.

And regarding the 3 payslips for raising WP for the spouse, I saw in some other thread of this forum that someone raised a WP for the spouse along with her PGWP with her offer letters, and got approval. So I became bit ambitious

 

[canuck_in_uk]

Thanks for the reply,
But can you please let me know, how can you say this work limit? As in CIC website (https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/work-off-campus.html), it does not clearly say anything about this 'period' when you have completed your course, marks are out but don't have any official transcripts or letter to apply for PGWP. If I go by the eligibility of working off campus then I should not even be eligible to work as I am not registered (full time or part time in case of last semester). However, all the given criteria don't meet even in summer break, when students are not registered, but still they can work full-time. So, during this period also I believe students are allowed to work full-time.

I have checked with some of my friends, who have already completed their study, and they said I can work full time.

And regarding the 3 payslips for raising WP for the spouse, I saw in some other thread of this forum that someone raised a WP for the spouse along with her PGWP with her offer letters, and got approval. So I became bit ambitious

Very clearly explained by IRCC. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html#off-campus.

Of course criteria is met during summer break, as it is an authorized break in studies.

All of your friends worked illegally.

You can try but don't be surprised by a refusal.

 

[ligarashi]

There is no need to be nervous. Your situation is typical of most students and there is nothing to worry about.

HI Canuck. I have read several of your responses and you really sound confident and provide people with assertive and relief comments. Congrats.

I was looking on the web for some clarification since my situation is alike the person that started this thread, however I found conflicting information on the CIC website and don't know how I should proceed. Could you help?

Basically, I graduated on Dec 8th, applied on Jan 11th for my PGWP and my Study permit expires on March 31st. According to the estimated processing time, it may take up to 81 days to process PGWP requests. 81 days + Jan 11 = April 2nd.

Cic says I need to cease working and studying after my study permit expires if I applied for a different permit (e.g. work permit).
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=492&top=15

Cic also says I can work while I wait for a decision on PGWP.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1181&top=15

Which rules apply in this case? I mean, it seems two rules clash and I don't understand if that would be a matter of interpretation or what... Because PGWP is a work permit so I should cease working according to the first link... Unless we interpret that PGWP is treated differently by CIC and does not fall under that rule, allowing me to work regardless of my Study permit being expired or not until CIC makes its decision upon my case.

Could you give some inputs on this?

I am currently working and I am totally ok to cease working if that is the case. I just need to clarify this so I can arrange the details with my employer.

 

[russ6970]

As you have applied for your PGWP when you had a valid study permit, you can work full-time until your decision. I did the same and got written proof from a CIC agent to back it up.