PGWP refused mentioning full-time status was not maintained.

[GandiBaat]

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.

While I believe that there is such a thing called "pragmatic decisioning", IF a person can prove that the officer applied an extra-legal criteria (say, from GCMS notes) such as "skilled professional", "Canada doesn't want to lose", they can --theoretically speaking-- challenge such a decision in court and at times successfully too. From what I know, immigration officers do not like to have their decision over-turned by a judicial review or a court. I doubt that an immigration officer will go beyond the text and intent of law and regulation to apply any criteria.

So long the criteria for permit is met and the person does not seems like a illegal worker risk --ie they will abide by the conditions of the permit and won't overstay-- they *should* get the permit.

 

[canuck78]

While I believe that there is such a thing called "pragmatic decisioning", IF a person can prove that the officer applied an extra-legal criteria (say, from GCMS notes) such as "skilled professional", "Canada doesn't want to lose", they can --theoretically speaking-- challenge such a decision in court and at times successfully too. From what I know, immigration officers do not like to have their decision over-turned by a judicial review or a court. I doubt that an immigration officer will go beyond the text and intent of law and regulation to apply any criteria.

So long the criteria for permit is met and the person does not seems like a illegal worker risk --ie they will abide by the conditions of the permit and won't overstay-- they *should* get the permit.

In situations where students are full-time no matter what course load they take I would stick to the course load that would make you full-time at another school.

 

[GandiBaat]

In situations where students are full-time no matter what course load they take I would stick to the course load that would make you full-time at another school.

Now, my understanding of Canadian higher education system is limited but from what I know, its usually based on course credits per term/semester. From what I have seen different schools have different definitions.

UVIC calls it at 12 credits or more in winter term and 6 or more in summer term. (https://www.uvic.ca/registrar/students/vocabulary/index.php)
UBC calls it at 9 credits. (https://students.ubc.ca/international-student-guide/immigration/ubc-definitions-immigration-purposes#full-time)

So, overall, its the university which can say if someone is a full time student or not because they can interpret the student's course load.

 

[Sguru962]

Hi
I need help because i have applied for PGWP and got refusal for not maintaining full study.
All i did was in my second semester i took only two courses because it was summer break and in last 2 semester i have only one course in which i failed and then did it again in these 3 i was working more. That's the only reason. Now please tell me i reapply through any agent with some explantation will i get approved?
Thanks

 

[jaswanthsriramsaran@gmail]

just go and consult university International students office and get some sort of document from university/college and prove the immigration officer that you are a full time student.

 

[scylla]

Hi
I need help because i have applied for PGWP and got refusal for not maintaining full study.
All i did was in my second semester i took only two courses because it was summer break and in last 2 semester i have only one course in which i failed and then did it again in these 3 i was working more. That's the only reason. Now please tell me i reapply through any agent with some explantation will i get approved?
Thanks

It sounds like you were part time in your last two semesters. If so, that's the reason why you were refused. You can only be part time in one semester to qualify for a PGWP. IRCC generally doesn't make exceptions to this rule. You can certainly try reapplying and hope you get lucky. I would use an immigration lawyer - not an agent / consultant. Good luck.

 

[canuck78]

just go and consult university International students office and get some sort of document from university/college and prove the immigration officer that you are a full time student.

The school is not going to lie. It is also obvious if you are part-time or full-time based on your transcripts.

 

[canuck78]

Hi
I need help because i have applied for PGWP and got refusal for not maintaining full study.
All i did was in my second semester i took only two courses because it was summer break and in last 2 semester i have only one course in which i failed and then did it again in these 3 i was working more. That's the only reason. Now please tell me i reapply through any agent with some explantation will i get approved?
Thanks

You have 2 issues. You were a part-time student in the 2 last semester which isn't allowed and you seem to be admitting that you also worked many more hours than you were allowed to work. Those are quite big issues to overcome.

 

[Chetan002]

So my first pgwp application was refused coz i didn't maintained full time status. Then i applied for second time and its almost been more than 4 months and exceeded the current processing time limit, and CIC is still processing it. I dont know what to do now. Should I withdraw my PGWP application and restore my status as student so i can study again as i have till 31st dec to restore my status.

 

[jaswanthsriramsaran@gmail]

Hi
I need help because i have applied for PGWP and got refusal for not maintaining full study.
All i did was in my second semester i took only two courses because it was summer break and in last 2 semester i have only one course in which i failed and then did it again in these 3 i was working more. That's the only reason. Now please tell me i reapply through any agent with some explantation will i get approved?
Thanks

i strongly suggest you to go for University first and get some documents and explain your situation and then go for lawyer. Don't go for lawyer unless you have a document from your university. Don't waste your money. If you assume that if you are still a full time student or your university says it. I had the same issue in second semester I did single course and was refused and then applied for reconsideration and I got my work permit in less than a month. First consult with university/college

 

[Mohan Sharma]

Hi guys,
I would like to know can we apply our MPNP under NOC - C level?

 

[scylla]

Hi guys,
I would like to know can we apply our MPNP under NOC - C level?

Wrong thread.

 

[Sophia Choi]

Hi there, have you got the PGWP? Or is it still on progress??

 

[captainarabiia]

Hi there, have you got the PGWP? Or is it still on progress??

This is an active thread
https://www.canadavisa.com/canada-immigration-discussion-board/threads/post-graduate-work-permit-processing-time-pgwp.481328/page-802#post-9308893

 

[volleyball124132]

Hi
I need help because i have applied for PGWP and got refusal for not maintaining full study.
All i did was in my second semester i took only two courses because it was summer break and in last 2 semester i have only one course in which i failed and then did it again in these 3 i was working more. That's the only reason. Now please tell me i reapply through any agent with some explantation will i get approved?
Thanks

hello, any news?