PGWP Refused - Any feedback would be highly appreciated

[gitolo7826]

Hey Guys,

My PGWP was refused - Seems like technical error. What do you suggest my next step should be ? Below is the complete Timeline

Study Permit Expiry Oct 1st 2019
Applied For PGWP August 25 2019
Received Refusal On November 24 2019
Reason For Refusal:
Immigration legislation requires that foreign nationals wishing to remain longer in Canada
submit an application for extension of their temporary resident status on or before the expiry of
the authorized period. Your temporary resident status in Canada expired on August 15 2019
and your application was made on August 25 2019
** Above mentioned expiring date is not what stated on my study permit **


November 25 Called IRCC: Spoke with agent, He said system have different expiry for my study permit. I mentioned thats not what stated on my study permit. He looked further - was able to find some file in archive matching the same date as my study permit. He recommend me to sent Web form request with copy of my permit and request for reconsideration.
November 25: Sent webform request with study permit copy.
Called IRCC twice after that - No updates yet but they did received my document and attached it to file.

Things worth mentioning.
My TRV and Co op workpermit expired on August 15 2019 but study permit was still valid.


Few questions:
-1 Anyone had similar problem ?
-2 Had anyone applied for reconsideration ? How does timeline looks like ?
-3 Currently I don't have any status - is it problem if i stay here until i hear back from IRCC ?


If you read so far, Thank you very much

 

[k.h.p.]

1. Request for reconsideration will take some time.

2. When did you stop studying?

 

[gitolo7826]

Graduated on August 23 2019

 

[k.h.p.]

Wait for a response from your webform request for reconsideration.

 

[gitolo7826]

Thank you for your prompt response - Really Appreciated.

 

[gitolo7826]

** Addition to above Reason - I was giving these 2 points on my refusal as well **
[X] You are a person in Canada without temporary resident status who is not eligible for
restoration under Section 182 of the Immigration and Refugee Protection Regulations.
[X] You are a person in Canada without legal status and as such are required to leave
Canada immediately. If you do not leave Canada voluntarily, enforcement action may be
taken against you.


@k.h.p. Is that sounds like removal order ? Should I be contacting CBSA and explaining situation or waiting for webform answer would be wise ?

Anyone else have any more info regarding above clauses ?

 

[jweekend]

Study permit does not give you status in canada.

it is your TRV that expired, even though your study permit is valid, your status is over once your TRV expired.

You need to leave canada and reapply for a TRV

 

[gitolo7826]

Thank you for your response @jweekend. I am hearing this very first time - I always thought TRV is just to leave and enter Canada but its the actual Study permit/Work permit that gives you status in Canada.

Anyone else can verify @jweekend claim ? thank you in advance.

Edit: From my understanding - One cannot renew TRV without valid Study/Work permit.

 

[k.h.p.]

You can never renew a TRV. You can certainly apply for one without a study permit - it's called being a visitor.yes, this is why you were refused.

 

[gitolo7826]

Got it - Thank you. So in order for extension of one's temporary resident status - They must have both valid TRV and Work/Study permit ?

 

[k.h.p.]

No

 

[gitolo7826]

My apologies, Perhaps i misunderstood your response but you just mentioned that was the reason mine was rejected.
So another question "So in order for extension of one's temporary resident status - They must have valid TRV ?

 

[k.h.p.]

You can't extend something that has expired.

 

[jweekend]

Your status expired on August 15. You can neither extend or remain in Canada since then. As stated in your received response from IRCC, you can only extend your status on or before your current expiry date (August 15).

You have no legal status in the country you are residing in right now. That is the reason of your refusal. Your only option is to go to a country that you have legal status, eg your home country and begin the process from there.

 

[sharjeel91]

Thank you for your response @jweekend. I am hearing this very first time - I always thought TRV is just to leave and enter Canada but its the actual Study permit/Work permit that gives you status in Canada.

Anyone else can verify @jweekend claim ? thank you in advance.

Edit: From my understanding - One cannot renew TRV without valid Study/Work permit.

@jweekend: its other way around, either you made a mistake you dont know what are you talking about. TRV is just a visa to enter and permit allows you to stay in canada ( whether its study or work)

For your problem, below governs here:

"If you finish your studies early, your permit will stop being valid 90 days after you complete your studies, no matter what day is printed on the study permit.

You’ve completed your studies on the date your school first notifies you by completion letter, transcript, degree or diploma.

You must provide proof of the date your school notifies you, or the date you get your degree, diploma or certificate. If you don’t have proof, we’ll use the earliest issue date on the document. We may confirm this date with your school."


So the question is when did you finish your studies?

Also, how does your COOP permit and TRV have different expiry as compared to your study permit. Did you apply for study permit extension separately? did you finish your studies later than you expected before, cause when CIC issues final study permit they add 90days to expected graduation date.