Pgwp application from outside Canada!

[Emmanel]

So I applied for a pgwp after my study permit had expired but I did not restore my status. I was informed by the agents that my application for pgwp was also restoring my status as I didn’t need a valid study permit anymore. Anyway, under the impression that I had implied status, I worked after I applied for my pgwp. I got rejected based on my study permit not being valid. I have since gone back to my home country and re applied for my pgwp and I was still within my 180 days and I have paid international student fees for 5 years now of university without any breaks. Here’s my questions:
1. Is there any reason for me to be rejected. I uploaded and submitted every single doc required.
2. Would the fact that I worked previously for 2 months technically unauthorized be a reason for me to be rejected? Seeing as I have already been rejected and I stopped working even before I got my decision and my new application is being made from outside the country.
Thanks guys.

 

[k.h.p.]

The reason for rejection would have been in the letter you received telling you that you were rejected.

Have your agents shared the rejection letter with you?

 

[canuck_in_uk]

So I applied for a pgwp after my study permit had expired but I did not restore my status. I was informed by the agents that my application for pgwp was also restoring my status as I didn’t need a valid study permit anymore. Anyway, under the impression that I had implied status, I worked after I applied for my pgwp. I got rejected based on my study permit not being valid. I have since gone back to my home country and re applied for my pgwp and I was still within my 180 days and I have paid international student fees for 5 years now of university without any breaks. Here’s my questions:
1. Is there any reason for me to be rejected. I uploaded and submitted every single doc required.
2. Would the fact that I worked previously for 2 months technically unauthorized be a reason for me to be rejected? Seeing as I have already been rejected and I stopped working even before I got my decision and my new application is being made from outside the country.
Thanks guys.

Yes, the illegal work can be a reason for refusal.

 

[Emmanel]

The reason for rejection would have been in the letter you received telling you that you were rejected.

Have your agents shared the rejection letter with you?

The reason for rejection was the fact that I applied without a valid study permit.

 

[Emmanel]

Yes, the illegal work can be a reason for refusal.

Okay. I read on their website that after 6 months has passed they may still grant you a work permit. How does this work? I indicated that I worked till November and seeing as I was under the impression I had implied status, is there any leeway as I have already been rejected for this issue. I did not want to lie about working but now I feel like I have bit myself in the ass. Do you think that come May I should be fine, seeing as 6 months has passed since the unauthorized work? I’m so scared and already considering applying for my masters as a way back into the country.

 

[canuck_in_uk]

Okay. I read on their website that after 6 months has passed they may still grant you a work permit. How does this work? I indicated that I worked till November and seeing as I was under the impression I had implied status, is there any leeway as I have already been rejected for this issue. I did not want to lie about working but now I feel like I have bit myself in the ass. Do you think that come May I should be fine, seeing as 6 months has passed since the unauthorized work? I’m so scared and already considering applying for my masters as a way back into the country.

The 6 month thing doesn't apply to you. No leeway. You were refused the first time for not having status. It had nothing to do with illegal work.

 

[Emmanel]

The 6 month thing doesn't apply to you. No leeway. You were refused the first time for not having status. It had nothing to do with illegal work.

Okay. Why does it not apply? And how exactly is my situation viewed by the officers? I only worked because I was told I could work by the cic agents on the phone who said I had implied status and I explained this in my application with a view of being transparent. Do you think I should write a web form explaining the work period? Specifying the dates I started and stopped working? It was also as a server so it was part time work. Does that make any difference?

 

[canuck_in_uk]

Okay. Why does it not apply? And how exactly is my situation viewed by the officers? I only worked because I was told I could work by the cic agents on the phone who said I had implied status and I explained this in my application with a view of being transparent. Do you think I should write a web form explaining the work period? Specifying the dates I started and stopped working? It was also as a server so it was part time work. Does that make any difference?

It doesn't apply because you will be beyond the point of qualifying for a PGWP once the 6 months is up.

Your situation is that you worked illegally. It is clear on the website that you need valid status to apply for a PGWP.

You just need to wait for the app to be processed.

 

[Emmanel]

Y

It doesn't apply because you will be beyond the point of qualifying for a PGWP once the 6 months is up.

Your situation is that you worked illegally. It is clear on the website that you need valid status to apply for a PGWP.

You just need to wait for the app to be processed.

you’re right but at the time I applied it was not clear. It just said we didn’t need a study permit to apply and I called the cic call centre agents and they told me I didn’t need to restore status. They also sent me an email to further buttress the point that I didn’t need a valid study permit to apply so I was fine. Now, I know that was wrong of course. But, a friend of mine in the exact same situation applied and got his so I think the situation wasn’t clear for them either. He didn’t have status when he applied but he got his pgwp. Another friend who applied bfr my other friend didn’t get his. So I guess at the time they too were a little confused. Idk. I went off the word of the agents I spoke too but I should have done more research. My fault. But now, given all that history and my letter of explanation I am just hoping they can understand. The law says you can work after application but if your application is rejected then you have to stop work immediately and that’s what I went on. You say I should wait till it’s processed, what do you think the odds are? I feel if they were going to give me considering I’d overstayed technically from August 1 till I left the country then it might be too much of an issue. I saw a thread here earlier about someone with a similar situation who got his/hers. But she added another web form letter explaining the work.

 

[canuck_in_uk]

Y

you’re right but at the time I applied it was not clear. It just said we didn’t need a study permit to apply and I called the cic call centre agents and they told me I didn’t need to restore status. They also sent me an email to further buttress the point that I didn’t need a valid study permit to apply so I was fine. Now, I know that was wrong of course. But, a friend of mine in the exact same situation applied and got his so I think the situation wasn’t clear for them either. He didn’t have status when he applied but he got his pgwp. Another friend who applied bfr my other friend didn’t get his. So I guess at the time they too were a little confused. Idk. I went off the word of the agents I spoke too but I should have done more research. My fault. But now, given all that history and my letter of explanation I am just hoping they can understand. The law says you can work after application but if your application is rejected then you have to stop work immediately and that’s what I went on. You say I should wait till it’s processed, what do you think the odds are? I feel if they were going to give me considering I’d overstayed technically from August 1 till I left the country then it might be too much of an issue. I saw a thread here earlier about someone with a similar situation who got his/hers. But she added another web form letter explaining the work.

There is a very big difference between the actual visa officers that process files and the poorly trained call centre staff members who answer the phone. Your friend would not have been granted a PGWP without having valid status. Your other friend was refused for something entirely different than this situation.

No one can say if you will get it or not.

 

[Emmanel]

There is a very big difference between the actual visa officers that process files and the poorly trained call centre staff members who answer the phone. Your friend would not have been granted a PGWP without having valid status. Your other friend was refused for something entirely different than this situation.

No one can say if you will get it or not.

At the time I did not know this. While I was confused they were the only ones I could speak to. As for my friends, friend A had the exact same case file as me. His permit expired the same day as mine. July 31. But he got his pgwp. Friend B also had no status. His permit expired July 7. He applied for pgwp August 3rd. He also got rejected just as me. So only friend A was lucky, and I theorize that it’s because I’m November, the rules surrounding the study permit validity and restoration of status wasn’t as set in stone as now. I’ll wait for the application to be processed and if it’s failed I’d have time to apply for my masters then. Just one more question, if I get my study permit and start my masters program, by the time I’m done, would it all count towards my pgwp (undergrad+post grad) or would the fact that I didn’t study from July 31 2019 till January 1 of 2021 affect it despite me not being in the country? If so what would you advice?

 

[canuck_in_uk]

At the time I did not know this. While I was confused they were the only ones I could speak to. As for my friends, friend A had the exact same case file as me. His permit expired the same day as mine. July 31. But he got his pgwp. Friend B also had no status. His permit expired July 7. He applied for pgwp August 3rd. He also got rejected just as me. So only friend A was lucky, and I theorize that it’s because I’m November, the rules surrounding the study permit validity and restoration of status wasn’t as set in stone as now. I’ll wait for the application to be processed and if it’s failed I’d have time to apply for my masters then. Just one more question, if I get my study permit and start my masters program, by the time I’m done, would it all count towards my pgwp (undergrad+post grad) or would the fact that I didn’t study from July 31 2019 till January 1 of 2021 affect it despite me not being in the country? If so what would you advice?

Your friend either applied before expiry, applied for Restoration or had status.

It has nothing to do with being "set in stone" or confusion. The limit to apply went from 90 days to 180 days and those with visitor status could also apply. That was it.

No, your undergrad wouldn't count. You could do a 2 year Masters and get a 3 year PGWP.

 

[Emmanel]

Your friend either applied before expiry, applied for Restoration or had status.

It has nothing to do with being "set in stone" or confusion. The limit to apply went from 90 days to 180 days and those with visitor status could also apply. That was it.

No, your undergrad wouldn't count. You could do a 2 year Masters and get a 3 year PGWP.

There’s a rule that says if you started working before your permit was expired you may still be issued a work permit without waiting for the time period to elapse and technically I started working July 30th the day before my permit expired but I put in August in my application. Should I try to contact them to correct it? I have email proofs of when I was hired and when I was told to start. Or is it best to let it lie and see what happens

 

[tankarla]

Technically you can get away for your work if you explain properly. You worked after applying for PGWP , which is allowable . You have email documentation from IRCC giving you wrong advice and based on this advice you applied without study permit .
Use this to clearly state that you did the work under mistaken presumption that all the conditions for PGWP has been met and therefore started working and seek their leniency .

I don't whether you have filed detailed explanation . But do so , if possible.

 

[Emmanel]

Technically you can get away for your work if you explain properly. You worked after applying for PGWP , which is allowable . You have email documentation from IRCC giving you wrong advice and based on this advice you applied without study permit .
Use this to clearly state that you did the work under mistaken presumption that all the conditions for PGWP has been met and therefore started working and seek their leniency .

I don't whether you have filed detailed explanation . But do so , if possible.

I wrote a letter completely explaining the case. I was not sure how I could attach the letter sent to me and I’m still not sure how to now. Also, I made my application on the 23rd of August but in the employment section you’re not required to put in any dates so it just says August 2019 for the work. I am seriously considering as I said above filling a web form and indicating that I was employed July 26 and started July 30. That way I started working while my work permit was still active and I made an error in my original application by indicating August. There’s also the chance that like you said they just overlook it and filling a web form only draw them to my mistake. Idk what to do.