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Can I apply for a WP if post grad gets denied but I have LMO?

Vaza3D

Full Member
May 23, 2014
32
0
Hi everyone, my first time here 8)
I have 3 days until my study permit expires (May 26th), my employers applied for LMO late - I should get it soon but might not make it to the dead line. I was a student at VanArts, a professional institution in Vancouver - one that is not supposed to give post grad study permits, so I didn't even try. Some of my fellow graduates applied for post grad online and got it due to some error or glitch, and I think there is a high chance of me getting it as well.

Here is the question: If I apply for it on the last day, but it gets rejected, how much time do I get and what status am I considered to be then?
Also, if it gets rejected, and assuming I have the LMO, can I apply for a WP then?

The other option (in case I don't have the LMO on time) is to apply for a work permit and get an implied status - this is the safe path.

I don't know if I should take the risk of applying for post grad, and if it fails, can I still get the work permit with the LMO from within Canada.

I would appreciate any help I can get

Thanks guys
 

scylla

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Jun 8, 2010
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If you apply for the post graduate permit and are refused, then you will have no status in Canada effective the day you receive the refusal. To then apply for a work permit, you will also have to apply to restore your status in Canada (since you will be out of status at that point). Applying to restore your status will cost you $200.
 

Vaza3D

Full Member
May 23, 2014
32
0
Thank you for the quick reply!!
What will I need to do if I have to restore the status? And will it be restored back to a student? If yes, it will mean I will be able to apply for a WP at the border (flagpole)...
 

KAnimator

Member
May 12, 2014
11
0
I had a little trouble with the PGWP process too. I lost my status as a student on May 15th, and my college didn't give me my grad letter until the 15th. I asked for it early, but that didn't work out. I went to the border to restore my status and get the PGWP but since I graduated, I can't re-instate my status if I'm going to go back to the USA (I was going to go up to Ottawa and get an apartment in June.) I couldn't even get the PGWP if I left Canada, but my lease ended in April and I wasn't going to live in Canada without a job yet. So even if I did restore my student status, as soon as I cross the border into the USA, my status in Canada is lost. Which doesn't make sense since I would go back to the USA for the summer and Christmas with my study permit. But that's what the immigration officer at the border told me.

He did say I could get a regular work permit, I just needed the employer to submit a LMO and for it to come back positive. From what I read, a temporary resident visa is handed out with the work permit. He didn't say that losing status as a student mattered for getting a regular work permit.

Also, the international center at my college gave me a lot of misinformation. She said that I could apply to restore my student status 90 days after my study permit expires, but apparently it doesn't work if I'm to return to the USA, from what the immigration officer said. It's all very confusing.