PGWP Refused - Any feedback would be highly appreciated

[gitolo7826]

@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.

Thank you @sharjeel91 for your reply , I Graduated on August 23 2019.

I never had any extension for neither Study permit or TRV. Initially i got 4 year permit and visa. and they expired on above mentioned dates.

Interesting thing - Upon calling IRCC, their system indicate that my study permit expires on August 15 2019, but my permit says elsewise. When i tell them - they looked deeper into archive found another file matching same date as printed on my study permit.

 

[k.h.p.]

It doesn't matter when your study permit expires, your TRV expired before you applied for the PGWP.

 

[gitolo7826]

Alright @K.h.p - really appreciated.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/extend/expired-permit.html

I know above link is work permit - Not sure how/if that applies to study permit. But everywhere I looked nothing defines valid status as status of TRV.

It doesn't matter when your study permit expires, your TRV expired before you applied for the PGWP.

 

[k.h.p.]

Just telling you what your refusal letter said.

 

[sharjeel91]

It doesn't matter when your study permit expires, your TRV expired before you applied for the PGWP.

My TRV was expired for 3 years when I applied for PGWP, I only applied recently since I will be visiting back home soon. TRV dont matter

 

[gitolo7826]

Just telling you what your refusal letter said.

Yes, I really appreciated your help.

 

[gitolo7826]

My TRV was expired for 3 years when I applied for PGWP, I only applied recently since I will be visiting back home soon. TRV dont matter

Thank you man, I am little bit more relieved now.

 

[sharjeel91]

Thank you @sharjeel91 for your reply , I Graduated on August 23 2019.

I never had any extension for neither Study permit or TRV. Initially i got 4 year permit and visa. and they expired on above mentioned dates.

Interesting thing - Upon calling IRCC, their system indicate that my study permit expires on August 15 2019, but my permit says elsewise. When i tell them - they looked deeper into archive found another file matching same date as printed on my study permit.

This is really interesting, so your initial TRV was issued for 4 years? normally they only issue it for a year, and gate agent issue you study permit with expiry date different than TRV expiry date, thats unusual.

At this point this is legal matter, technically you don't have any status in Canada thus you are here illegally, with the caveat of CIC messing up their records. So, make sure you stay in touch with CIC and tell them about your dilemma, I wouldn't hesitate to shoot an email and explain your situation and ask them if you should stay or leave, atleast you can show you are trying your best to deal with the situation. Other than that I dont see any problem here, tho you might have to leave canada and apply for PGWP from back home and apply for TRV on basis of your PGWP, that the worst case scenario.

 

[gitolo7826]

Yeah, I was being told by other folks that I am quite lucky that I got 4 years Visa when i got here first.

Yeah, I called them many times - Uploaded my study permit using webform to support my claim and request for reconsideration. I really hope this get sort out my reconsideration request and I don't have to go and come back.

Actually I had to take leave from my work as well cause I got job while in implied status - Not sure how long they will keep my position. Sort a very ugly situation.

This is really interesting, so your initial TRV was issued for 4 years? normally they only issue it for a year, and gate agent issue you study permit with expiry date different than TRV expiry date, thats unusual.

At this point this is legal matter, technically you don't have any status in Canada thus you are here illegally, with the caveat of CIC messing up their records. So, make sure you stay in touch with CIC and tell them about your dilemma, I wouldn't hesitate to shoot an email and explain your situation and ask them if you should stay or leave, atleast you can show you are trying your best to deal with the situation. Other than that I dont see any problem here, tho you might have to leave canada and apply for PGWP from back home and apply for TRV on basis of your PGWP, that the worst case scenario.

 

[gitolo7826]

Yeah, I was being told by other folks that I am quite lucky that I got 4 years Visa when i got here first.

Yeah, I called them many times - Uploaded my study permit using webform to support my claim and request for reconsideration. I really hope this get sort out my reconsideration request and I don't have to go and come back.

Actually I had to take leave from my work as well cause I got job while in implied status - Not sure how long they will keep my position. Sort a very ugly situation.

Edit: Never thought different expiry date for TRV and study permit can cause issue.

Lesson learned: Always check both dates and verify with CIC when in doubt. Hope this help someone down the line

 

[Whatzmyname]

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 ?

Correct. While TRV is valid you must apply for it PGWP.

 

[bongoman]

Correct. While TRV is valid you must apply for it PGWP.

This is wrong, you do not need a valid TRV to apply for PGWP. TRV is only used to travel into Canada nothing else, it does not grant status.

While applying to PGWP you must have some valid status either student or visitor status you get student status by having a valid study permit and you get visitor status by being granted visitor status either on arrival or by switching or restoring your status to visitor while in Canada.

 

[Johnsnow 007]

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

This info is wrong. A study permit gives a valid status within Canada. Thus, with a TRV and without a valid Study permit, there is no legal status and thus the moniker can't or must stop studying.

A TRV facilitates entry and re-entry, not the study permit.

The moniker's status can't be over if the TRV expires especially when the Study permit is still valid. With a valid study permit, the TRV can be easily renewed.

As long as the moniker is waiting for a response of re-consideration, the implied status covers the moniker, as long as the moniker doesn't work.

 

[AskBD]

that is to the question raiser.. we are able to learn new aspects. as we see different opinions here regarding Residency statutes on the basis of TRV or Study permit, can any one refer a policy link in support of their opinions?

that may help hundreds in future..

this is so nice of you all to spend time and sharing ideas in this thread.. thanks a lot..

 

[harsimran ksu]

I applied for spouse open work permit extension end of august 2019 but on December 2 i hot message that my file has been transferred to Etobicoke office for processing.