Denied PGWP extension due to conditional discharge

[Samvar]

Hi,

I came to Canada in 2020 as a student for my Master's. I completed my Master's in 2021 and the course duration was for 2 years. I was supposed to get a 3 year PGWP for a 2 year course but I received only 1.5 years of PGWP as my passport was expiring within that time. While I was working part time as a student, I got in a dispute with my employer which led to a conditional discharge for 18 months. The incident took place on January 2022 and I got my conditional discharge on April 2023. So I am on probation till October 2024. While I tried for my PGWP extension, on October 2023, it got rejected (Please keep in mind that it was the remaining 1.5 years that I was deemed to get for my PGWP). I believe it is because of the conditional discharge I received. On my rejection letter, it was stated that I had to leave the country soon or else the IRCC will take actions. So I left Canada to my home country on December 2023. I have interest in coming back to Canada but I am not sure if I can. Some folks tell me that I can try coming there once my probation period ends, while others tell that it is better to come after my record suspension(pardon) which will automatically happen 3 years after the end of my probation i.e. October 2027. I am really confused because, some folks have told me that a conditional discharge is not a conviction and will not affect your temporary status (PGWP) so I am not sure why my extension was rejected.

Post this issue, I also had someone put fake charges against me and I had been arrested for the same. But later, that person itself dropped the charges as they were not sure if they could prove it in court. Does dropped charges affect your immigration application?

I have an engineering degree (4 year) from my home country, MBA from Canada, 3+ years of experience in my home country, 9 months of professional experience in Canada. Some of the consultants tell me that I cannot get a PR with these qualifications as the score has recently gone up. Neither can I apply for the rest of my PGWP as a long time has passed since the rejection i.e. November 2023. I just want to know how can I get back to Canada if at all I can, or is it that Canada is closed to me forever. Please can someone educate me?

 

[scylla]

Hi,

I came to Canada in 2020 as a student for my Master's. I completed my Master's in 2021 and the course duration was for 2 years. I was supposed to get a 3 year PGWP for a 2 year course but I received only 1.5 years of PGWP as my passport was expiring within that time. While I was working part time as a student, I got in a dispute with my employer which led to a conditional discharge for 18 months. The incident took place on January 2022 and I got my conditional discharge on April 2023. So I am on probation till October 2024. While I tried for my PGWP extension, on October 2023, it got rejected (Please keep in mind that it was the remaining 1.5 years that I was deemed to get for my PGWP). I believe it is because of the conditional discharge I received. On my rejection letter, it was stated that I had to leave the country soon or else the IRCC will take actions. So I left Canada to my home country on December 2023. I have interest in coming back to Canada but I am not sure if I can. Some folks tell me that I can try coming there once my probation period ends, while others tell that it is better to come after my record suspension(pardon) which will automatically happen 3 years after the end of my probation i.e. October 2027. I am really confused because, some folks have told me that a conditional discharge is not a conviction and will not affect your temporary status (PGWP) so I am not sure why my extension was rejected.

Post this issue, I also had someone put fake charges against me and I had been arrested for the same. But later, that person itself dropped the charges as they were not sure if they could prove it in court. Does dropped charges affect your immigration application?

I have an engineering degree (4 year) from my home country, MBA from Canada, 3+ years of experience in my home country, 9 months of professional experience in Canada. Some of the consultants tell me that I cannot get a PR with these qualifications as the score has recently gone up. Neither can I apply for the rest of my PGWP as a long time has passed since the rejection i.e. November 2023. I just want to know how can I get back to Canada if at all I can, or is it that Canada is closed to me forever. Please can someone educate me?

Canada is not closed to you forever however you would be best to work with a lawyer at this point.

 

[Samvar]

Canada is not closed to you forever however you would be best to work with a lawyer at this point.

Thank you for your response. Different lawyers are giving me different responses. the most ideal response I have got is to apply after 3 years when the automatic record suspension for my conditional discharge takes place. I cannot appeal for the decision as 6 months have passed by now. do you think there would be another way?

 

[forevermore76]

Hi,

I came to Canada in 2020 as a student for my Master's. I completed my Master's in 2021 and the course duration was for 2 years. I was supposed to get a 3 year PGWP for a 2 year course but I received only 1.5 years of PGWP as my passport was expiring within that time. While I was working part time as a student, I got in a dispute with my employer which led to a conditional discharge for 18 months. The incident took place on January 2022 and I got my conditional discharge on April 2023. So I am on probation till October 2024. While I tried for my PGWP extension, on October 2023, it got rejected (Please keep in mind that it was the remaining 1.5 years that I was deemed to get for my PGWP). I believe it is because of the conditional discharge I received. On my rejection letter, it was stated that I had to leave the country soon or else the IRCC will take actions. So I left Canada to my home country on December 2023. I have interest in coming back to Canada but I am not sure if I can. Some folks tell me that I can try coming there once my probation period ends, while others tell that it is better to come after my record suspension(pardon) which will automatically happen 3 years after the end of my probation i.e. October 2027. I am really confused because, some folks have told me that a conditional discharge is not a conviction and will not affect your temporary status (PGWP) so I am not sure why my extension was rejected.

Post this issue, I also had someone put fake charges against me and I had been arrested for the same. But later, that person itself dropped the charges as they were not sure if they could prove it in court. Does dropped charges affect your immigration application?

I have an engineering degree (4 year) from my home country, MBA from Canada, 3+ years of experience in my home country, 9 months of professional experience in Canada. Some of the consultants tell me that I cannot get a PR with these qualifications as the score has recently gone up. Neither can I apply for the rest of my PGWP as a long time has passed since the rejection i.e. November 2023. I just want to know how can I get back to Canada if at all I can, or is it that Canada is closed to me forever. Please can someone educate me?

The immigration decisions which are influenced due to criminal record and/or can make you inadmissible should fall under IRPA 36(1)(a).
https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-36.html

Conditional discharge should have no implication on immigration as it's not a conviction and hence there's nothing to report. What it says is - your record will be destroyed after 3 years. If you breach your probation though, you end up with a conviction.

IRCC might have screwed up and you should consider reapplying for PGWP. You should begin with examining the refusal reason for your PGWP extension which will be on the refusal letter. Then order the GCMS case notes.

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/apply.html#extend

Apparently it can only be done on paper. Write a detailed letter of explanation.

 

[Samvar]

The immigration decisions which are influenced due to criminal record and/or can make you inadmissible should fall under IRPA 36(1)(a).
https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-36.html

Conditional discharge should have no implication on immigration as it's not a conviction and hence there's nothing to report. What it says is - your record will be destroyed after 3 years. If you breach your probation though, you end up with a conviction.

IRCC might have screwed up and you should consider reapplying for PGWP. You should begin with examining the refusal reason for your PGWP extension which will be on the refusal letter. Then order the GCMS case notes.

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/apply.html#extend

Apparently it can only be done on paper. Write a detailed letter of explanation.

Thank you for your valuable reply. My work permit extension was done by an immigration consultant and it was done online (not sure if they screwed it up). The request was rejected on November 2023. Its May 2024 now and on the Canadian Immigration website, it informs that we need to apply for the extension within 90 days. I know I am eligible for an extension because I didn't get my full years of work permit. Is there any way that I can apply for the extension after so long? Do you know anyone who can help me with this?

 

[scylla]

Thank you for your response. Different lawyers are giving me different responses. the most ideal response I have got is to apply after 3 years when the automatic record suspension for my conditional discharge takes place. I cannot appeal for the decision as 6 months have passed by now. do you think there would be another way?

You would need to hire a lawyer to appeal the decision on your PGWP extension (if an appeal is still possible). Otherwise the PGWP extension is gone and you won't be able to get this additional time on the work permit.

If you are applying after 3 years, you would need to be applying for something else. The PGWP extension will not be possible then.

 

[forevermore76]

You would need to hire a lawyer to appeal the decision on your PGWP extension (if an appeal is still possible). Otherwise the PGWP extension is gone and you won't be able to get this additional time on the work permit.

If you are applying after 3 years, you would need to be applying for something else. The PGWP extension will not be possible then.

I don't think OP can appeal as there's no formal right to appeal TRD. The judicial review had to be made within 15 days and moreover it might not be in best interest of OP to go that route considering how much time it can takr. Their best bet is to reapply and hope a different person handles their application.
Also, there was no removal order in effect. OP left voluntarily.

 

[forevermore76]

Thank you for your valuable reply. My work permit extension was done by an immigration consultant and it was done online (not sure if they screwed it up). The request was rejected on November 2023. Its May 2024 now and on the Canadian Immigration website, it informs that we need to apply for the extension within 90 days. I know I am eligible for an extension because I didn't get my full years of work permit. Is there any way that I can apply for the extension after so long? Do you know anyone who can help me with this?

You need to find the refusal reason before you reapply. And if I were you, I would apply myself. It says clearly that extension applications can't be made online so that's weird your consultant applied online.

 

[Samvar]

You need to find the refusal reason before you reapply. And if I were you, I would apply myself. It says clearly that extension applications can't be made online so that's weird your consultant applied online.

Thank you for your reply. Yes! I left voluntarily. I really feel that my immigration agent screwed the application for me because he had applied it online. I am currently speaking with an immigration lawyer just to see if they can apply a work permit for me (through paper of course!). I have also applied for my GCMS notes so I can get to know the exact reason fore refusal. Also the Canadian government had announced on December 2023 that they will not be extending PGWP. In that case, I just want to know if I can apply for a PR in this situation? I checked my CRS score and it comes upto 503. But I am just confused that the conditional discharge will get in the way or not? Can you shed some light on that?

 

[forevermore76]

Thank you for your reply. Yes! I left voluntarily. I really feel that my immigration agent screwed the application for me because he had applied it online. I am currently speaking with an immigration lawyer just to see if they can apply a work permit for me (through paper of course!). I have also applied for my GCMS notes so I can get to know the exact reason fore refusal. Also the Canadian government had announced on December 2023 that they will not be extending PGWP. In that case, I just want to know if I can apply for a PR in this situation? I checked my CRS score and it comes upto 503. But I am just confused that the conditional discharge will get in the way or not? Can you shed some light on that?

I would 100% apply for PGWP extension, worst case you get a refusal and lose some money but it's worth a shot. But before applying, you need to find out what the refusal reason was. As I said earlier, it should say on your refusal letter and will also be in case notes.

There are multiple streams for PR and I don't see any reason why your conditional discharge will have any implications.

 

[Samvar]

I would 100% apply for PGWP extension, worst case you get a refusal and lose some money but it's worth a shot. But before applying, you need to find out what the refusal reason was. As I said earlier, it should say on your refusal letter and will also be in case notes.

There are multiple streams for PR and I don't see any reason why your conditional discharge will have any implications.

thank you for your reply. In the refusal letter, the following mentioned:


[X] Persons wishing to extend a work permit in Canada must satisfy an Officer that they:
 have complied with all conditions imposed on their entry;
 will leave Canada by the end of the period authorized for their stay; and
 are not in a category of persons inadmissible to Canada under the Immigration Act.

The details in the refusal letter is vague and the only legit reason I can figure out is due to the conditional discharge which I understand from point 1 and 3. However, I have applied for GCMS notes as well. I will update the details when I get it(which will take about 2-3 weeks).

My immigration lawyer had told me to apply for PCC too in order to verify if there is anything against me legally. They said that they can even try for a judicial appeal if they can find a valid reason for the hiatus. I am also confused on how I can apply for myself like you said above. Don’t I need to get a lawyer to represent me?

 

[forevermore76]

thank you for your reply. In the refusal letter, the following mentioned:


[X] Persons wishing to extend a work permit in Canada must satisfy an Officer that they:
 have complied with all conditions imposed on their entry;
 will leave Canada by the end of the period authorized for their stay; and
 are not in a category of persons inadmissible to Canada under the Immigration Act.

The details in the refusal letter is vague and the only legit reason I can figure out is due to the conditional discharge which I understand from point 1 and 3. However, I have applied for GCMS notes as well. I will update the details when I get it(which will take about 2-3 weeks).

My immigration lawyer had told me to apply for PCC too in order to verify if there is anything against me legally. They said that they can even try for a judicial appeal if they can find a valid reason for the hiatus. I am also confused on how I can apply for myself like you said above. Don’t I need to get a lawyer to represent me?

Yes, wait for the GCMS notes. I'm recommending applying for a pgwp extension by yourself, the leave for judicial review has to be submitted by an attorney. 72(2)c says "special reasons" which leaves it pretty broad so if your attorney is really smart they might figure something out to satisfy the court. Nonetheless it's a gamble and wasted time imo.

My opinion is that you are not criminally inadmissible as 36(1) does not apply in case of conditional discharge and hence IRCC agent might have made an error.

Judicial review timeline has passed and it's a more time consuming process than simply submitting a new application and hoping a different agent picks up your file. Onus is on you to communicate everything precisely through your application and address every issue flagged in your case notes though.

If the application is refused again, you should appoint an attorney and go the judicial review route within the 15 or 60 days timeline. The ultimate decision is yours on how you approach it. All the best!

 

[Samvar]

Yes, wait for the GCMS notes. I'm recommending applying for a pgwp extension by yourself, the leave for judicial review has to be submitted by an attorney. 72(2)c says "special reasons" which leaves it pretty broad so if your attorney is really smart they might figure something out to satisfy the court. Nonetheless it's a gamble and wasted time imo.

My opinion is that you are not criminally inadmissible as 36(1) does not apply in case of conditional discharge and hence IRCC agent might have made an error.

Judicial review timeline has passed and it's a more time consuming process than simply submitting a new application and hoping a different agent picks up your file. Onus is on you to communicate everything precisely through your application and address every issue flagged in your case notes though.

If the application is refused again, you should appoint an attorney and go the judicial review route within the 15 or 60 days timeline. The ultimate decision is yours on how you approach it. All the best!

Hi,

I have no idea who you are but I really hope that God bless you for your kind words and the knowledge shared. You gave me a lot of confidence. I really thought that my Canadian journey has come to an end (I honestly, don't know still if that's the case. lol) but I am confident now. Currently, I am waiting for my GCMS notes. Once I get the notes, I shall let you know the reason, please do guide me then too.

I am going to apply for the work permit extension by myself. Can I also attach a separate explanation letter (as per the GCMS) in my application?

 

[forevermore76]

Hi,

I have no idea who you are but I really hope that God bless you for your kind words and the knowledge shared. You gave me a lot of confidence. I really thought that my Canadian journey has come to an end (I honestly, don't know still if that's the case. lol) but I am confident now. Currently, I am waiting for my GCMS notes. Once I get the notes, I shall let you know the reason, please do guide me then too.

I am going to apply for the work permit extension by myself. Can I also attach a separate explanation letter (as per the GCMS) in my application?

Happy to help. LOE is always a good idea but should be very precise. I would put that as the cover page and then add an index page. You need to guide them sometimes as the department can make mistakes(although not the intent) if information is not organized.

While waiting for GCMS notes, you should apply for a criminal record check, and also create an Express Entry profile.

 

[Samvar]

Happy to help. LOE is always a good idea but should be very precise. I would put that as the cover page and then add an index page. You need to guide them sometimes as the department can make mistakes(although not the intent) if information is not organized.

While waiting for GCMS notes, you should apply for a criminal record check, and also create an Express Entry profile.

I had asked my immigration consultant to help me with the criminal record check as it is a long process since I am not in Canada now and they advised me to wait for the GCMS notes first and to confirm the reason first. Also, I'm a bit confused on why I should create an Express Entry profile? Anyways the submission for the PGWP extension is via paper and not online.