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Came back to Toronto from US to apply for PGWP and found out my status expired 90 days after graduation. Restoring status and PGWP help please

DrowningRhino

Newbie
Sep 29, 2020
9
0
Hi,

I'm an international student from India studying in Canada since Jan, 2019

I went to US on March 11, 2020 to visit my family for a weekend. But that weekend all hell broke lose and the shutdowns happened. I was stuck in US.

I graduated April 27, 2020. Wanted to apply for PGWP from outside Canada but none of the visa centers were open for Biometrics at that time so we decided to wait till I come back to Canada.

I came back to Toronto on Sep 2, 2020. Today I found out that my student permit becomes invalid after 90 days of graduation regardless of what date you have on your study permit or visitor record. My SP says it expired on April 30, 2021. But 90 days after my graduation is July 27, 2020.

I thought I thought I could be here till April 2021. Which is why I came back to Canada from the US on Sep 2, 2020. The immigration people looked at my documents and let me in no problems.

I was feeling safe thinking I was still in my 180 days from graduation to apply for PGWP period but then the 90 day rule kicked me. I have now 1 month to apply for my restoration status and PGWP application.

After some research, I see that I should apply to restore my status as a student/worker and apply for the PGWP at the same time. I say worker because that's the only option in the IMM5710e form. I'm going to chose that and explain in my explanation letter that I'm only applying for the PGWP. I will pay the fee of $340 and $350 for PGWP and Restoration of status respectively and wait. All the while I can't work.

Based on a forum here I feel safe picking the "Restore my status as a worker" in Question 3 of the form and explaining it later. I've also picked "Other" in what type of permit I'm going for and in other I wrote "Restore status and Post Graduation Work Permit"

I have 90 days from when my status expired to submit this. That would be October 27, 2020.

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One thing that's worrying me is the most is the fact that I entered Canada on a technically invalid permit. But I'm here now. Could that be a problem? Could that come up in the whole process and mess things up? How do I mention I came back after my permit was invalid?

Is there anything else I should know? Something I should I do differently before I apply?

Should I leave the country and apply from the US? Would that be better/safer?


This all literally just happened. I have been looking up stuff and am trying to resolve it. I will contact my school's immigration service and call CIC to get more info when they open up.

Thank you so much for reading all this! Any help or suggestion or idea you can give is really appreciated!
 

primaprime

VIP Member
Apr 6, 2019
3,387
884
Apply to restore your status and for the PGWP, and go from there. Assuming your TRV is still valid, technically you would have been legally admitted to Canada as a visitor.
 

DrowningRhino

Newbie
Sep 29, 2020
9
0
Apply to restore your status and for the PGWP, and go from there. Assuming your TRV is still valid, technically you would have been legally admitted to Canada as a visitor.
Thanks for advice! That's what I'll be doing. I have one month left in my 180 days so I hope it doesn't get rejected due to a missing document or something. Do you by chance have any idea what the processing time for something like this could be?

And I only have 2 things in my passport. The Study permit and the Visitor record (not mine. just for example). Both say expire on March 30, 2020. I understand from here that TRV is just automatically issued with a study permit. Right? So does that mean my study permit becomes invalid meaning I cant work or study and what not but I am still here on a tourist visa right now legally?
 

canuck78

VIP Member
Jun 18, 2017
55,684
13,552
Is this the study permit? Both the documents that I have mentioned in my previous comment expire on Mar 30, 2021. But my study permit expired on July 27, 2020. Do I still have me TRV status?
Don’t actually think you need to restore your study permit. You only need to apply for PGWP. You are not actively studying and should not have been flagged for 90 day cancellation.
 

primaprime

VIP Member
Apr 6, 2019
3,387
884
Don’t actually think you need to restore your study permit. You only need to apply for PGWP. You are not actively studying and should not have been flagged for 90 day cancellation.
I suppose there is no need for restoration, but why would their permit not have been flagged because they stopped actively studying?
 

DrowningRhino

Newbie
Sep 29, 2020
9
0
Don’t actually think you need to restore your study permit. You only need to apply for PGWP. You are not actively studying and should not have been flagged for 90 day cancellation.
THAT is reassuring to hear to say the least. I don't know about being flagged or not though. I will call the IRCC call centre in the morning and try to get some confirmations from them. Thank you so much! I will keep things updated
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
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App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
THAT is reassuring to hear to say the least. I don't know about being flagged or not though. I will call the IRCC call centre in the morning and try to get some confirmations from them. Thank you so much! I will keep things updated
IRCC help desk is useless for all but extremely straight forward questions. They give people wrong answers all of the time. I would be very careful about relying on anything they tell you. If you want advice, paying for a consult with a good immigration lawyer is your best bet.
 
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DrowningRhino

Newbie
Sep 29, 2020
9
0
I suppose there is no need for restoration, but why would their permit not have been flagged because they stopped actively studying?
That would be IDEAL if all this turns to be just a huge false alarm but I will call IRCC in the morning and get more details. Thank you for your replies and help so far! I will keep things updated.

Since I finished all my classes and even got my certificate in the mail, I think the 90 day cycle must've started. But the TRV and study permit thing gives me hope. I'll see what happens
 

Impatient Dankaroo

VIP Member
Jan 10, 2020
4,382
2,671
IRCC help desk is useless for all but extremely straight forward questions. They give people wrong answers all of the time. I would be very careful about relying on anything they tell you. If you want advice, paying for a consult with a good immigration lawyer is your best bet.
Have seen many cases where people relied on an IRCC phone call for directions and have it backfire.
 
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canuck78

VIP Member
Jun 18, 2017
55,684
13,552
I suppose there is no need for restoration, but why would their permit not have been flagged because they stopped actively studying?
Cancellations are initiated when students do not attend or stop attending the program they are registered to attend for 90 days after the semester has started. If for example you apply to attend a program starting in January 2021 and do not show up for classes or stop attending your classes the school is supposed to notify CIC after 90 days who should then cancel your study permit. If you decide to change schools and change your start date to May 2021 and go online to change your file your previous school will not send a note to CIC indicating that you have not attended the program starting January 2021.

In this case OP is not attending any course and has graduated so no school should be reporting him/her for not attending school after 90 days. Believe that no restoration is needed and OP should apply for PGWP. Would encourage OP to apply for PGWP ASAP and make sure there are no errors and all required documents are attached. The 180 are almost done so if the PGWP application is returned that becomes an issue.
 

DrowningRhino

Newbie
Sep 29, 2020
9
0
IRCC help desk is useless for all but extremely straight forward questions. They give people wrong answers all of the time. I would be very careful about relying on anything they tell you. If you want advice, paying for a consult with a good immigration lawyer is your best bet.
I see. Do you know how much that might cost?