Will my PGWP be accepted?

[rabroldan]

Hi there,

if you guys could help me this cause I am really anxious about this. I studied a diploma course at George Brown College from September 2017 to December 2018 and graduated recently additionally i got my diploma as well 15 days after i submitted my PGWP application. I applied for a PGWP in Jan 2019 and only submitted my transcript of records that stated that I have completed the course, since my diploma came in after i submitted my application.

So here's the thing I came to Canada as a foreign national and was able to study WITHOUT a study permit since they said I was a foreign national but my visa for being a foreign national expired on November 2018 but they still let me finished my study. The schools were perfectly aware of my status since I was accepted at Seneca college and Centennial college as well without a study permit being a foreign national.

So my question is:
1. Will my PGWP be accepted, even if my foreign national status has expired and has no study permit to show them?
2. Should I send my Diploma as well and also how to do that?

Please help thank you!

 

[scylla]

Hi there,

if you guys could help me this cause I am really anxious about this. I studied a diploma course at George Brown College from September 2017 to December 2018 and graduated recently additionally i got my diploma as well 15 days after i submitted my PGWP application. I applied for a PGWP in Jan 2019 and only submitted my transcript of records that stated that I have completed the course, since my diploma came in after i submitted my application.

So here's the thing I came to Canada as a foreign national and was able to study WITHOUT a study permit since they said I was a foreign national but my visa for being a foreign national expired on November 2018 but they still let me finished my study. The schools were perfectly aware of my status since I was accepted at Seneca college and Centennial college as well without a study permit being a foreign national.

So my question is:
1. Will my PGWP be accepted, even if my foreign national status has expired and has no study permit to show them?
2. Should I send my Diploma as well and also how to do that?

Please help thank you!

You were required to obtain a study permit to study in Canada. Regardless what you do, the PGWP will be refused since you studied in Canada without obtaining a study permit. It was up to you (not the schools) to ensure you obtained authorization to study in Canada.

You are in Canada now without status. If it's been less than 90 days since your status expired back in November, you can still apply to restore your status back to visitor. If you are over 90 days, then you should leave Canada as soon as you can.

 

[rabroldan]

You were required to obtain a study permit to study in Canada. Regardless what you do, the PGWP will be refused since you studied in Canada without obtaining a study permit. It was up to you (not the schools) to ensure you obtained authorization to study in Canada.

You are in Canada now without status. If it's been less than 90 days since your status expired back in November, you can still apply to restore your status back to visitor. If you are over 90 days, then you should leave Canada as soon as you can.

But the school only asked me for a letter from DFAT that stated as a dependent of a foreign national that i can study which we provided. I asked if i needed a confirmation letter they said just the letter is sufficient enough. So I'm a bit confused.

 

[rabroldan]

But the school only asked me for a letter from DFAT that stated as a dependent of a foreign national that i can study which we provided. I asked if i needed a confirmation letter they said just the letter is sufficient enough. So I'm a bit confused.

I also have an expired letter from DFAT allowing me to work unfortunately i received it after my visa expired so I was unable to use it. please help

 

[scylla]

But the school only asked me for a letter from DFAT that stated as a dependent of a foreign national that i can study which we provided. I asked if i needed a confirmation letter they said just the letter is sufficient enough. So I'm a bit confused.

You need to provide more information if you want full answers to your questions.

Who is the foreign national that you are dependent on and what is that foreign national's status in Canada?

Regardless, to qualify for a PGWP, you must have completed your studies on a study permit. So you should be expecting a refusal.

 

[scylla]

I also have an expired letter from DFAT allowing me to work unfortunately i received it after my visa expired so I was unable to use it. please help

Until you provide full and complete details, we won't be able to help you.

 

[rabroldan]

You need to provide more information if you want full answers to your questions.

Who is the foreign national that you are dependent on and what is that foreign national's status in Canada?

Regardless, to qualify for a PGWP, you must have completed your studies on a study permit. So you should be expecting a refusal.

My father is the foreign national who was sent here to work for my countries Consulate/Embassy. The officials in the consulate/embassy knew my status so the study permit never became an issue since everyone told me that i only need a letter to let me work and study here like what my mom did.

 

[rabroldan]

My father is the foreign national who was sent here to work for my countries Consulate/Embassy. The officials in the consulate/embassy knew my status so the study permit never became an issue since everyone told me that i only need a letter to let me work and study here like what my mom did.

I kept asking about the study permit from everyone but they keep telling me that i don't need anything except for the letter that I have so i never received any study permit.

 

[scylla]

My father is the foreign national who was sent here to work for my countries Consulate/Embassy. The officials in the consulate/embassy knew my status so the study permit never became an issue since everyone told me that i only need a letter to let me work and study here like what my mom did.

In that case you should qualify for a PGWP without needing a work permit. However based on the information you've provided, I think your PGWP is going to be refused since you applied after you feel out of status in Canada. Might be a good idea to speak with an immigration lawyer since your situation is not that straight forward.

 

[rabroldan]

In that case you should qualify for a PGWP without needing a work permit. However based on the information you've provided, I think your PGWP is going to be refused since you applied after you feel out of status in Canada. Might be a good idea to speak with an immigration lawyer since your situation is not that straight forward.

Alright thank you so much for the help. I will do that.

 

[PMM]

Hi

My father is the foreign national who was sent here to work for my countries Consulate/Embassy. The officials in the consulate/embassy knew my status so the study permit never became an issue since everyone told me that i only need a letter to let me work and study here like what my mom did.

1, It would have been clearer to state your father was a properly accredited diplomats, consular officers, representatives or officials of a country other than Canada, of the United Nations or an agency thereof, or of any international organization of which Canada is a member [R190(2)(a)] rather than "foreign national"

2.
Who is exempt from the requirement for a study permit

Family members and members of the private staff of accredited foreign representatives [R188(1)(a)]
Family members or members of the private staff of a foreign representative who is properly accredited by Global Affairs Canada (GAC) and who is in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member do not require a study permit [R188(1)(a)].

You are not eligible for a PGWP. For you to work the following instructions must be followed.

Employment
As stated in paragraph 186(c) of the Immigration and Refugee Protection Regulations, a foreign national may work in Canada without a work permit if the foreign national is a family member of a foreign representative in Canada who is accredited with diplomatic status by the DFATD and that the DFATD has stated in writing that it does not object to the foreign national working in Canada.

Note: The DFATD Office of Protocol’s definition of family member encompasses only spouses, common-law partners and children (including adopted children).

Requirements and procedures
Requirements for approval by the DFATD
The DFATD requires bilateral and multilateral missions and international organizations in Canada to seek approval through diplomatic note or official letter for the employment of any member of the family forming part of the foreign representative’s household.

The DFATD grants permission to work to those family members only in the following cases:

• The country has signed a reciprocal employment arrangement or a reciprocal employment agreement (REA) with Canada. These (non-binding) arrangements or (binding) agreements allow for family members of Canadian foreign representatives abroad to be employed in the other country.
• The headquarters agreement of an international organization or a United Nations organization includes an article stating that family members can work.
• Where the DFATD Office of Protocol is satisfied that circumstances warrant special processing, it has the discretion to approve such applications notwithstanding the absence of clearly established reciprocity or international instrument.

 

[PMM]

Hi

In that case you should qualify for a PGWP without needing a work permit. However based on the information you've provided, I think your PGWP is going to be refused since you applied after you feel out of status in Canada. Might be a good idea to speak with an immigration lawyer since your situation is not that straight forward.

1. I think the OP has confused everyone by referring to his father as a "foreign national" Father probably has diplomatic status.. Children of diplomats and similar exempt persons don't require study permits.
2. So the OP would not be entitled to a PGWP, a request has to sent to DFAIT (Global Affairs Canada) from the mission his father is part of, for permission to work.