PGWP refused mentioning full-time status was not maintained.

[Varun02]

I started MS in computer science degree a two-year degree on September 1st, 2018, and graduated on January 15, 2020. I submitted the PGWP application on February 17, 2020. I received a refusal on August 14th, 2020 after six months of processing, and I am out of status as my study permit has expired already.

In the refusal letter, the following was mentioned:
Foreign students in Canada are eligible for a work permit for post-graduation employment only if they have continuously studied full time in Canada and have completed a program of study that is at least eight months in duration at a:
 University, community college, CEGEP,
 publicly funded trade/technical school or
 private institution authorized by provincial statute to confer degrees.

My degree is by default full-time studies unless a special request is made to change the status to part-time. I was registered full-time throughout my degree(even in summer/spring(2019) as it is a co-op option). It was very unfortunate as I did not make any mistakes on the application and submitted all the documents provided by the university. I believe this was an erroneous decision as they did not ask for additional documents.
My university does not mandate on how many courses a full-time student must take in a semester as long as the student pays full-time fees and according to the rules, immigration officers should defer to DLI(university) to infer the full-time status of a student. I paid full-time fees in all the semesters and took 2 or more courses in all the semesters.

As a result of the refusal, I had to quit my job and the more worrying part is my SIN number is about to expire this month and I am not insured. Now I am uncertain about the processing time because of COVID as it took 6 months to refuse my application. I strongly believe that there should be fairness in the process I do not think it was the case here,

My employer helped me apply for reconsideration with the help of a representative with a letter (explaining that my full-time status throughout the studies from the university) on August 21st, 2020. I would like to know what is the success rate for reconsideration? I wanted to know what are my next options(considering my financial situation) in case my reconsideration request is rejected?

 

[fakelucio]

This sounds horrible. Sorry that they rejected your pgwp application. I applied for pgwp in May and have been waiting anxiously. Best of luck to you, hopefully IRCC will overturn the rejection.

 

[canuck78]

I started MS in computer science degree a two-year degree on September 1st, 2018, and graduated on January 15, 2020. I submitted the PGWP application on February 17, 2020. I received a refusal on August 14th, 2020 after six months of processing, and I am out of status as my study permit has expired already.

In the refusal letter, the following was mentioned:
Foreign students in Canada are eligible for a work permit for post-graduation employment only if they have continuously studied full time in Canada and have completed a program of study that is at least eight months in duration at a:
 University, community college, CEGEP,
 publicly funded trade/technical school or
 private institution authorized by provincial statute to confer degrees.

My degree is by default full-time studies unless a special request is made to change the status to part-time. I was registered full-time throughout my degree(even in summer/spring(2019) as it is a co-op option). It was very unfortunate as I did not make any mistakes on the application and submitted all the documents provided by the university. I believe this was an erroneous decision as they did not ask for additional documents.
My university does not mandate on how many courses a full-time student must take in a semester as long as the student pays full-time fees and according to the rules, immigration officers should defer to DLI(university) to infer the full-time status of a student. I paid full-time fees in all the semesters and took 2 or more courses in all the semesters.

As a result of the refusal, I had to quit my job and the more worrying part is my SIN number is about to expire this month and I am not insured. Now I am uncertain about the processing time because of COVID as it took 6 months to refuse my application. I strongly believe that there should be fairness in the process I do not think it was the case here,

My employer helped me apply for reconsideration with the help of a representative with a letter (explaining that my full-time status throughout the studies from the university) on August 21st, 2020. I would like to know what is the success rate for reconsideration? I wanted to know what are my next options(considering my financial situation) in case my reconsideration request is rejected?

How many courses is considered full-time in other programs? Just paying for full-time or school not defining who is fT/PT is not enough.

 

[Abhinait]

I started MS in computer science degree a two-year degree on September 1st, 2018, and graduated on January 15, 2020. I submitted the PGWP application on February 17, 2020. I received a refusal on August 14th, 2020 after six months of processing, and I am out of status as my study permit has expired already.

In the refusal letter, the following was mentioned:
Foreign students in Canada are eligible for a work permit for post-graduation employment only if they have continuously studied full time in Canada and have completed a program of study that is at least eight months in duration at a:
 University, community college, CEGEP,
 publicly funded trade/technical school or
 private institution authorized by provincial statute to confer degrees.

My degree is by default full-time studies unless a special request is made to change the status to part-time. I was registered full-time throughout my degree(even in summer/spring(2019) as it is a co-op option). It was very unfortunate as I did not make any mistakes on the application and submitted all the documents provided by the university. I believe this was an erroneous decision as they did not ask for additional documents.
My university does not mandate on how many courses a full-time student must take in a semester as long as the student pays full-time fees and according to the rules, immigration officers should defer to DLI(university) to infer the full-time status of a student. I paid full-time fees in all the semesters and took 2 or more courses in all the semesters.

As a result of the refusal, I had to quit my job and the more worrying part is my SIN number is about to expire this month and I am not insured. Now I am uncertain about the processing time because of COVID as it took 6 months to refuse my application. I strongly believe that there should be fairness in the process I do not think it was the case here,

My employer helped me apply for reconsideration with the help of a representative with a letter (explaining that my full-time status throughout the studies from the university) on August 21st, 2020. I would like to know what is the success rate for reconsideration? I wanted to know what are my next options(considering my financial situation) in case my reconsideration request is rejected?

Hi ! You can do one thing. You can go to border.I have seen couple case like that resfused online.And border is open for work permit.Don't be panic.

Thanks

 

[canuck78]

Hi ! You can do one thing. You can go to border.I have seen couple case like that resfused online.And border is open for work permit.Don't be panic.

Thanks

There is no flagpoling so not an option.

 

[Abhinait]

There is no flagpoling so not an option.

I said no need of flag poling at the moment.

 

[Varun02]

How many courses is considered full-time in other programs? Just paying for full-time or school not defining who is fT/PT is not enough.

According to my university's academic rules:
Full-time students must:
a. have been admitted to a graduate program as full-time students;
b. be pursuing their studies on a full-time basis;
c. be designated by the University as full-time graduate students;
d. be considered full-time graduate students by their program and their thesis supervisor (if applicable);
e. be registered and pay full-time fees;
f. be geographically proximate to and regularly present on campus.
what we are aware in general: the minimum number of courses to be enrolled in a semester to maintain full-time is 2(6 credits) as the status will be automatically demoted to part-time if a student has only one course in a semester.

The problem I think is my university chose to drop the duration field which mentioned full-time status with a duration of the degree(i.e within 2 years of full-time studies) in the degree completion certificate and later brought back the same after I graduated.

 

[Varun02]

Hi ! You can do one thing. You can go to border.I have seen couple case like that resfused online.And border is open for work permit.Don't be panic.

Thanks

Is the border open for work permit? I am a little skeptical of it as I am out of status.

 

[Varun02]

There is no flagpoling so not an option.

I have no information about this either.

 

[anibby]

I have no information about this either.

seek help from the university's immigration team

 

[Varun02]

Hoping this update will help someone in my position :
My reconsideration application was reopened on sept 3rd and it was back to processing, on sept 23rd 2020 it was approved for 3 years.

 

[canuck78]

Hoping this update will help someone in my position :
My reconsideration application was reopened on sept 3rd and it was back to processing, on sept 23rd 2020 it was approved for 3 years.

Assume it has more to do with the fact that you are a skilled professional that Canada doesn’t want to lose. Would recommend that others reading this follow what is normally a full-time course load In other programs. Will save themselves from any potential problems. Not everyone will have done a masters in a profession which is needed in Canada.

 

[jaswanthsriramsaran@gmail]

Hoping this update will help someone in my position :
My reconsideration application was reopened on sept 3rd and it was back to processing, on sept 23rd 2020 it was approved for 3 years.

hi varun. Mine is the same case. How can i contact you. I got rejection today. I need some help regarding that

 

[Syan24]

Hoping this update will help someone in my position :
My reconsideration application was reopened on sept 3rd and it was back to processing, on sept 23rd 2020 it was approved for 3 years.

Did you apply for the reconsideration by calling cic and send the webform or by paper application??

 

[GandiBaat]

The problem I think is my university chose to drop the duration field which mentioned full-time status with a duration of the degree(i.e within 2 years of full-time studies) in the degree completion certificate and later brought back the same after I graduated.

Cann't you get a declaration from the registrar of your univ telling that you fulfilled the criteria of a full time student at the university and the time period for which you were a full-time student?

You have to fulfill the criteria of the WP. If your completion certificate is not good enough then you perhaps need additional documentation to prove it.

BTW, there is one small problem for you now. You will have to apply for restoration of status. Its a bit hairy thing. Latest court decision seems to suggest that you may not be able to do so:

https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/459596/index.do

[20] Second, I am also of the view that the officer did not err in his interpretation of section 182 of the Regulations. Subsection 220.1(1), which is referenced in Subsection 182(2), makes it clear that an Officer must not restore the status of temporary resident’s Study Permit if they are not currently enrolled at a designated learning institution or actively pursuing their course or program. As Ms. Ntamag was not in compliance with these conditions at the time of her Application, the Officer’s interpretation of Section 182 and its relevant provisions was reasonable.

[21] One of the conditions imposed on a PGWPP applicant is that the application be sent before the expiry of the applicant’s Study Permit. As Ms. Ntamag did not meet that condition, she asked to be granted a Visitor permit to be valid until January 1st, 2021.

[22] However, just as section 182 and the 90-day grace period that it provides do not apply to a former student seeking a PGWPP, they do not apply to a former student seeking to obtain a Visitor Permit. Ms. Ntamag could not simply rely on section 182 to obtain a different Temporary Residence status than the one she had held before she applied (Nookala v Canada (Minister of Citizenship and Immigration), 2016 FC 1019).

This portion of law is somewhat weird. It was once interpreted as "forward looking" ie what a person can get as a temporary resident. But now, these decisions have made it "backward looking" ie what status/authorization a person WAS holding..

Net Net. Thing can be hairy depending upon your personal situation. Get a lawyer or consultant.