PGWP Eligibility (Leave of Absence + part-time)

[Everknight]

This is my situation and I want to ask whether I am still qualify for a PGWP and if the documentation that I have is enough.

• Started PhD in Sep 2015, supposed to graduate on Aug 2019. For graduate studies, one must enroll continuously the whole year (Fall, Winter and Summer term).
• May 2017: Had a very bad car accident, went for surgery and had to request a medical LoA for the Summer 2017. Went back full-time on Fall 2017
• May 2019: After dealing with several health issues, I had to undergo for surgery again, and requested again a medical LoA for Summer 2019. Went back full-time on Fall 2019.
• My expected graduation date moved from Aug 2019 to Apr 2020 due to my LoA.
• On March 2020 university closed after the outbreak, they had to cancel my dissertation and asked me to enroll part-time for another term to defend my thesis after taking appropriate safety measures.
• Finish my program successfully on July 2020 and got a completion letter. However, an official transcript won't be issued until September.

My questions are: am I still eligible for a PGWP after two medical Leave of absences and an extra part-time term during my program?

If so, what documentation should be appropriate to attach to my application? (medical records, an unofficial transcript, etc.)

Really appreciate any comment

 

[Impatient Dankaroo]

No, technically you are not. You can try and apply with medical incident reports and a SOP but they are not obliged to give you a PGWP

 

[primaprime]

You probably have a better case than most in this regard, so all I can say is gather up as many documents as you can to prove all of your leaves of absence were approved. I also believe you are allowed to be part-time in your final semester at any level, but you can certainly include documentation from your university for that. Write a nice letter of explanation.

I don't know what province you're in, but I also assume you've looked into provincial nominations/PR for international PhD graduates?

 

[primaprime]

No, technically you are not. You can try and apply with medical incident reports and a SOP but they are not obliged to give you a PGWP

I don't know about that; if their absences were all approved for a legitimate reason (medical treatment) and they were only part-time in their final term they could still be eligible. Also, they're never obliged to give anyone a PGWP or any other document.

 

[Impatient Dankaroo]

I don't know about that; if their absences were all approved for a legitimate reason (medical treatment) and they were only part-time in their final term they could still be eligible. Also, they're never obliged to give anyone a PGWP or any other document.

That is up to the discretion of the officer, that's what I was trying to say. As per letter of the law, OP is not eligible for PGWP as there's no section saying authorized absences are alright but VOs have been known to lenient is most cases.

 

[Everknight]

That is up to the discretion of the officer, that's what I was trying to say. As per letter of the law, OP is not eligible for PGWP as there's no section saying authorized absences are alright but VOs have been known to lenient is most cases.

Why exactly am I not eligible?

If the student enrolls as part-time during the last term, he/she is still considered eligible.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program/eligibility.html#leave_from_studies

Part-time status for final academic session

Students must maintain their full-time student status during each academic session of the program or programs of study they complete and submit as part of their post-graduation work permit application. However, if a student meets all the eligibility requirements, with the exception of full-time status during their final academic session (that is, they have part-time status only in their final academic session), they are still considered eligible for the PGWPP.


Regarding my medical leaves, maybe my eligibility is now up to the discretion of the officer. The main fact is to fulfill the requirement of actively pursuing their course or program of study, while they are in Canada.
Accordingly to the link

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html#leave

the officer must asses the eligibility of my requirement and the reasons of my leave.

You probably have a better case than most in this regard, so all I can say is gather up as many documents as you can to prove all of your leaves of absence were approved. I also believe you are allowed to be part-time in your final semester at any level, but you can certainly include documentation from your university for that. Write a nice letter of explanation.

I don't know what province you're in, but I also assume you've looked into provincial nominations/PR for international PhD graduates?

Yes I could apply through Ontario provincial nomination, but as far as I know, I can not get a WP if I submit a PR application

 

[primaprime]

Why exactly am I not eligible?

If the student enrolls as part-time during the last term, he/she is still considered eligible.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program/eligibility.html#leave_from_studies

Part-time status for final academic session

Students must maintain their full-time student status during each academic session of the program or programs of study they complete and submit as part of their post-graduation work permit application. However, if a student meets all the eligibility requirements, with the exception of full-time status during their final academic session (that is, they have part-time status only in their final academic session), they are still considered eligible for the PGWPP.


Regarding my medical leaves, maybe my eligibility is now up to the discretion of the officer. The main fact is to fulfill the requirement of actively pursuing their course or program of study, while they are in Canada.
Accordingly to the link

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html#leave

the officer must asses the eligibility of my requirement and the reasons of my leave.



Yes I could apply through Ontario provincial nomination, but as far as I know, I can not get a WP if I submit a PR application

You can apply for the PGWP and an Ontario PNP stream at the same time, so you can work while you wait for a decision on your PR application.

 

[Impatient Dankaroo]

Why exactly am I not eligible?

If the student enrolls as part-time during the last term, he/she is still considered eligible.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program/eligibility.html#leave_from_studies

Part-time status for final academic session

Students must maintain their full-time student status during each academic session of the program or programs of study they complete and submit as part of their post-graduation work permit application. However, if a student meets all the eligibility requirements, with the exception of full-time status during their final academic session (that is, they have part-time status only in their final academic session), they are still considered eligible for the PGWPP.


Regarding my medical leaves, maybe my eligibility is now up to the discretion of the officer. The main fact is to fulfill the requirement of actively pursuing their course or program of study, while they are in Canada.
Accordingly to the link

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html#leave

the officer must asses the eligibility of my requirement and the reasons of my leave.



Yes I could apply through Ontario provincial nomination, but as far as I know, I can not get a WP if I submit a PR application

They have maintained full-time student status in Canada during each academic session of the program or programs of study they have completed and submitted as part of their post-graduation work permit application. Exceptions can be made only for the following:

• leave from studies
• final academic session

Leave from studies
If the applicant remained in Canada while a student and took leave from their studies during their program, the officer must determine if the applicant was compliant with the conditions of their study permit, as outlined in Assessing study permit conditions. Officers may request additional documents to complete their assessment. Per paragraph R220.1(1)(b), students must

• be enrolled at a DLI
• remain enrolled
• be actively pursuing their course or program of study

If the officer determines that the student actively pursued studies during their leave, the student may still be eligible for the Post-Graduation Work Permit Program (PGWPP).

If it is determined that the student has not met the conditions of their study permit, they may be banned from applying for a post-graduation work permit for 6 months from the date they stopped their unauthorized study or work, per subparagraph R200(3)(e)(i).

For information about labour disruptions and strikes, see Applicants impacted by a designated learning institution (DLI) strike.

 

[Copingwithlife]

Why exactly am I not eligible?

If the student enrolls as part-time during the last term, he/she is still considered eligible.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program/eligibility.html#leave_from_studies

Part-time status for final academic session

Students must maintain their full-time student status during each academic session of the program or programs of study they complete and submit as part of their post-graduation work permit application. However, if a student meets all the eligibility requirements, with the exception of full-time status during their final academic session (that is, they have part-time status only in their final academic session), they are still considered eligible for the PGWPP.


Regarding my medical leaves, maybe my eligibility is now up to the discretion of the officer. The main fact is to fulfill the requirement of actively pursuing their course or program of study, while they are in Canada.
Accordingly to the link

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html#leave

the officer must asses the eligibility of my requirement and the reasons of my leave.



Yes I could apply through Ontario provincial nomination, but as far as I know, I can not get a WP if I submit a PR application

Then why are you asking ?

 

[Everknight]

I am updating this thread after a decision has been made on my application (I attached the medical and university support documents for my breaks during the program) so it can be helpful for anyone in the future.

My PGWP has been approved!! it expires on May 2021 as I applied with a passport expiring at that date. I submitted via webform a new passport but it seems that they didn't consider it, so I'd have to renew my PGWP in case that my PR gets delayed.

 

[meister]

I am updating this thread after a decision has been made on my application (I attached the medical and university support documents for my breaks during the program) so it can be helpful for anyone in the future.

My PGWP has been approved!! it expires on May 2021 as I applied with a passport expiring at that date. I submitted via webform a new passport but it seems that they didn't consider it, so I'd have to renew my PGWP in case that my PR gets delayed.

Congrats. I'm glad you decided to pursue it and not give up.