Flagpoling after PGWP rejection, but with a valid visitor visa

[Sopunuchi]

Your case is pretty unusual since you are not only out of status but have also been working illegally since August / September. The illegal work and length of that illegal work makes your situation much more complex. You can certainly try applying without the help of a lawyer. Processing could potentially take much longer than three months since your case is non standard. Make sure you are truthful about everything in your application.

Yes of course. I'm not going to lie about it. I'll say everything as is. I'll even attach my resignation letter..I did have 2 jobs till November . I quit one that time and kept working the other one part time. I'll quit that one too and get a resignation letter for it

 

[Naturgrl]

How is November a long time? It's not even up to 2 months? What about people that did it for years? I need someone that will answer me without getting mad at me please. Someone that's actually been in this before

Actually, you have been working illegally since you graduated in August. This is why you need a lawyer. This is not a simple case. Not getting mad but trying to get you to understand how serious this is.

 

[Sopunuchi]

Hi I just thought about something. About counting the 90 days to losing status. So they count the 90 days using the official date of completion or when you get your final grade? I got my final grade for that term August 21st but I got my first notice of grad in November 15th and I just got the letter of graduation today 18th January saying I grad August 21st. So what does this mean? When does it count that I'm out of status? Please any immigration consultant here please help!!!. below i attached the letter i just got from the international office :

Your BCIT Student Number:
January 18, 2024
*my full name was here
BC
Canada
Dear my name:
From Designated Learning Institution: 019330128542
Purpose of Letter: Confirmation of Graduation
Personal Information:
Country of Citizenship:
Date of Birth:
Program Information:
Program of Study: Marketing Management (Professional
Sales Option)
Credential: Certificate
Program Start Date: February 5, 2021
Completion Date: August 21, 2023
The length of this program is 20 months of continuous full-
time course-by-course studies.
Additional Information:
This letter confirms that the above noted student has
successfully completed their credential and has graduated
from the British Columbia Institute of Technology (BCIT)
For immigration purposes, BCIT considers international
students full-time if they are enrolled in either:
a Regular CredentiaL
program (Full-time) and
registered in courses each term (except for regularly
scheduled breaks): Students in Regular Credential
Programs generally are registered in courses in a term-
based cohort model
a Flexible Learning.program (formerly Part-time
Studies) with a minimum of 9 credits of BCIT courses
every term (winter, spring/summer, and fall): Students
in Flexible Learning Programs self-register course-by-
course
For more information, please visit: BCIT's

 

[Sopunuchi]

I also checked chat gpt and it said this ;

For the purpose of applying for a Post-Graduation Work Permit (PGWP) in Canada, Immigration, Refugees and Citizenship Canada (IRCC) typically considers the date when you have met all the academic requirements of your program as the starting point for the period within which you must apply for your PGWP. This period is 180 days (not 90 days), according to the current IRCC guidelines.

Based on the dates you provided:

- Last term completed: August 2023
- Paper graduation (presumably your diploma or official proof of graduation): November 15, 2023
- International confirmation of graduation from BCIT: January 18, 2024

The date that generally matters for immigration purposes is the earliest date you were notified by your institution that you have completed all requirements of your study program. This is often not the same as the convocation or ceremony date, but the date that the school confirms you have finished all necessary coursework and/or met all graduation requirements.

If BCIT's international confirmation of graduation on January 18, 2024, is the first official notification that you met all program requirements, then you would count 180 days from this date to apply for your PGWP.

However, if you already received an official document such as a final transcript or a formal letter from BCIT before January 18, 2024, indicating that you have completed all requirements (which might be the case with the paper you received on November 15, 2023), then that earlier date might be the one to consider for the start of the 180-day period.

It is important to confirm with BCIT which date they report to IRCC as your program completion date. This is the date that IRCC will use to determine your eligibility period for applying for a PGWP.

Always refer to the latest IRCC guidelines or speak to an immigration advisor to confirm the correct date to use, especially as policies and procedures can change..

But my problem too is ,won't ircc be confused of the gap from August 21st term end date and Nov 15th first credential paper gotten or 18th January confirmation of grad?

 

[Naturgrl]

Hi I just thought about something. About counting the 90 days to losing status. So they count the 90 days using the official date of completion or when you get your final grade? I got my final grade for that term August 21st but I got my first notice of grad in November 15th and I just got the letter of graduation today 18th January saying I grad August 21st. So what does this mean? When does it count that I'm out of status? Please any immigration consultant here please help!!!. below i attached the letter i just got from the international office :

Your BCIT Student Number:
January 18, 2024
*my full name was here
BC
Canada
Dear my name:
From Designated Learning Institution: 019330128542
Purpose of Letter: Confirmation of Graduation
Personal Information:
Country of Citizenship:
Date of Birth:
Program Information:
Program of Study: Marketing Management (Professional
Sales Option)
Credential: Certificate
Program Start Date: February 5, 2021
Completion Date: August 21, 2023
The length of this program is 20 months of continuous full-
time course-by-course studies.
Additional Information:
This letter confirms that the above noted student has
successfully completed their credential and has graduated
from the British Columbia Institute of Technology (BCIT)
For immigration purposes, BCIT considers international
students full-time if they are enrolled in either:
a Regular CredentiaL
program (Full-time) and
registered in courses each term (except for regularly
scheduled breaks): Students in Regular Credential
Programs generally are registered in courses in a term-
based cohort model
a Flexible Learning.program (formerly Part-time
Studies) with a minimum of 9 credits of BCIT courses
every term (winter, spring/summer, and fall): Students
in Flexible Learning Programs self-register course-by-
course
For more information, please visit: BCIT's

Study permit expires 90 days after course completion so August 21. Proof of graduation is not the same as course completion. So your study permit expired around November 20.

From IRCC -
When your study permit expires

Your study permit will expire on the date marked on the permit or 90 days after the day you complete your studies, whichever comes first.

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=755&top=15

 

[Sopunuchi]

Study permit expires 90 days after course completion so August 21. Proof of graduation is not the same as course completion. So your study permit expired around November 20.

From IRCC -
When your study permit expires

Your study permit will expire on the date marked on the permit or 90 days after the day you complete your studies, whichever comes first.

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=755&top=15

I got my first notice on November 15th. August 21st was the end of the semester (spring/summer term)

 

[Sopunuchi]

I will call the school tomorrow to know for sure.

 

[Naturgrl]

I got my first notice on November 15th. August 21st was the end of the semester (spring/summer term)

Not the notice of graduation. On what day did you finish your studies? Did you study in the fall semester? If not it was August 21. Your note above says completion of studies as August 21. And IRCC says permit expires 90 days after completion.

 

[Sopunuchi]

Not the notice of graduation. On what day did you finish your studies? Did you study in the fall semester? If not it was August 21. Your note above says completion of studies as August 21. And IRCC says permit expires 90 days after completion.

I will talk to the school in the morning and keep you posted. There's 3 dates. August 21st was the end of the term, received the credential on the 15th of November and got the confirmation of graduation on the 18th of January, still waiting for the transcript.