Flagpoling after PGWP rejection, but with a valid visitor visa

[throwaway2347]

Hi there,


I have a question and would like to hear your advice.

Here's my background:

1. I completed my undergrad this year. I have submitted an application for PGWP, and got rejected due to not maintaining my full-time status. Therefore, as of now I am out of status. My 2nd, new, application has been submitted, within the 180-day timeframe, along with an application to restore my status (as a student; this is the usual way to submit an application for PGWP after 90 days but within 180 days from Study Permit expiring), but I am very pessimistic about my 2nd application for a PGWP getting through.
2. I hold a valid Canadian visitor visa (v-1) , that allows multiple entrance, that expires in 2026.
3. I have a situation where I am trying to avoid going back to my country of citizenship.
4. I am anticipating a student visa to Australia. It will depend on a university offer, which I have received and can accept at any time. If obtained, this visa allows me to enter Australia as early as mid-November, 2023. It generally takes less than 1 month to be processed (it is digital so no need to send passport, etc).
5. I do not hold a US visa. An US visitor visa requires an interview, for which the queue is more than a year long.

So to sum it up, right now I am looking to extend my stay in Canada to as late as mid-November, but my application for a PGWP may be rejected before then, which would leave me with no status and the rejection letter would ask me to "leave Canada".

My question is: If my 2nd application for a PGWP gets rejected, Can I flagpole at the Canada-US border, then enter Canada using my visitor visa, and stay until mid-November? Will this change my status to visitor? I never entered as a visitor in the past 4 years.

If this is not a valid solution, what do you suggest?

Regards,
Pan

 

[Naturgrl]

Hi there,


I have a question and would like to hear your advice.

Here's my background:

1. I completed my undergrad this year. I have submitted an application for PGWP, and got rejected due to not maintaining my full-time status. Therefore, as of now I am out of status. My 2nd, new, application has been submitted, within the 180-day timeframe, along with an application to restore my status (as a student; this is the usual way to submit an application for PGWP after 90 days but within 180 days from Study Permit expiring), but I am very pessimistic about my 2nd application for a PGWP getting through.
2. I hold a valid Canadian visitor visa (v-1) , that allows multiple entrance, that expires in 2026.
3. I have a situation where I am trying to avoid going back to my country of citizenship.
4. I am anticipating a student visa to Australia. It will depend on a university offer, which I have received and can accept at any time. If obtained, this visa allows me to enter Australia as early as mid-November, 2023. It generally takes less than 1 month to be processed (it is digital so no need to send passport, etc).
5. I do not hold a US visa. An US visitor visa requires an interview, for which the queue is more than a year long.

So to sum it up, right now I am looking to extend my stay in Canada to as late as mid-November, but my application for a PGWP may be rejected before then, which would leave me with no status and the rejection letter would ask me to "leave Canada".

My question is: If my 2nd application for a PGWP gets rejected, Can I flagpole at the Canada-US border, then enter Canada using my visitor visa, and stay until mid-November? Will this change my status to visitor? I never entered as a visitor in the past 4 years.

If this is not a valid solution, what do you suggest?

Regards,
Pan

Flagpoling doesn’t extend your status. What is your status now? You apply online to extend your status as a visitor.

 

[throwaway2347]

Flagpoling doesn’t extend your status. What is your status now? You apply online to extend your status as a visitor.

As I said, I am currently out of status and pending restoration. Along with my app for a PGWP, I have submitted a restoration of status as a student (PGWPs are only issued to students, and this is the normal approach).

I am not looking to extend my current status. Rather I am looking to enter again using the visitor visa, which would make me a visitor. Essentially, a new entry as a visitor. I intend to do this after the potential rejection of my PGWP, wchich would again leave me with no status. My question: is this doable?

 

[Sopunuchi]

Please update on this. my case is similar. i graduated from BCIT in august 2023. my study permit(paper ) expires March 2024 so i thought i just have to submit the application for PGWP less than 180 days after i graduate but found out my study permit expires 90 days after i get my certificate from school that i finished. so now i am out of status and have to leave canada. i am considering flagpoling it with my transcript and info. will this work ?

 

[Naturgrl]

Please update on this. my case is similar. i graduated from BCIT in august 2023. my study permit(paper ) expires March 2024 so i thought i just have to submit the application for PGWP less than 180 days after i graduate but found out my study permit expires 90 days after i get my certificate from school that i finished. so now i am out of status and have to leave canada. i am considering flagpoling it with my transcript and info. will this work ?

You can apply to restore your status to student and apply for PGWP at the same time. You cannot work until PGWP is approved. You cannot flagpole as you are out of status.

 

[Sopunuchi]

Yeah and I've been working all this time. I'm quitting on Friday. Then I'll apply next week. Are you certain it will work?

 

[Naturgrl]

Yeah and I've been working all this time. I'm quitting on Friday. Then I'll apply next week. Are you certain it will work?

You have been working illegally since November. Given the time you have worked without status, I don’t know if your PGWP will be approved. You have to restore your status and apply for PGWP TODAY not next week. You should be quitting today too. Read the rules for PGWP. https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/apply.html#

If your study permit expires before you apply

If you don’t change your status to visitor and your study permit expires, you have up to 90 daysafter your study permit expires to apply for a PGWP and restore your status as a student.

To restore your status as a student, you must

• apply online for your PGWP and pay the correct fee ($255) and
• pay the fee to restore your status as a student ($350)
  • Because of system limitations, you must pay the fees to restore your status as a student online and attach a copy of the receipt to your PGWP online application. You don’t need to make a separate application to restore your status as a student.

You can’t work until your study permit and work permit have been approved.

If you don’t apply within the 90 days, or if the 90 days have already passed, you must leave Canada

 

[scylla]

Please update on this. my case is similar. i graduated from BCIT in august 2023. my study permit(paper ) expires March 2024 so i thought i just have to submit the application for PGWP less than 180 days after i graduate but found out my study permit expires 90 days after i get my certificate from school that i finished. so now i am out of status and have to leave canada. i am considering flagpoling it with my transcript and info. will this work ?

You may want to speak with a lawyer. Definitely do not flagpole. You are out of status. You've also been working illegally since you graduated. Speak with a lawyer.

 

[Sopunuchi]

All the rules are very inconsistent honestly. It said 180 days and I was thinking it's 180 days since when I received my letter..I did the marketing management certificate course at bcit which is 20 months long. I will just quit today but I just hope they don't go and look at that. Didn't they say for restoration you must have only violated one rule and nothing more, to apply?

 

[Naturgrl]

All the rules are very inconsistent honestly. It said 180 days and I was thinking it's 180 days since when I received my letter..I did the marketing management certificate course at bcit which is 20 months long. I will just quit today but I just hope they don't go and look at that. Didn't they say for restoration you must have only violated one rule and nothing more, to apply?

It is very clear that study permit expires 90 days after graduation. Don’t know what you mean by violations. You have been working illegally since November. That is a long time and not just a few days. Get an immigration lawyer ASAP. This is going to cost you money to get this sorted out. Don’t know why you waited so long. You could have applied In September and had PGWP by now.

 

[Sopunuchi]

You may want to speak with a lawyer. Definitely do not flagpole. You are out of status. You've also been working illegally since you graduated. Speak with a lawyer.

Wouldn't they charge me thousands of dollars? I don't have those kind of funds. Everything seems to be pointing to me quitting the job, applying for restoration of status as a student and pgwp together as the other user said. I'm sure I'm not the first person this is happening to. Does anyone here have a similar case? And the worst part is , my 180 days ends February 24th and my restoration and pgwp won't be ready by that day ,I heard it'll take like 3 months to process.

 

[scylla]

All the rules are very inconsistent honestly. It said 180 days and I was thinking it's 180 days since when I received my letter..I did the marketing management certificate course at bcit which is 20 months long. I will just quit today but I just hope they don't go and look at that. Didn't they say for restoration you must have only violated one rule and nothing more, to apply?

Most of us here would argue the rules are quite clear. There is also a very clear rule that states you cannot work after graduation until you have submitted your PGWP application.

IRCC will look at your full history when processing your application. There is no rule that I'm aware of around only violating one rule to apply for restoration however it's always up to IRCC if you are approved. Again, best to speak with a lawyer at this point.

 

[Sopunuchi]

It is very clear that study permit expires 90 days after graduation. Don’t know what you mean by violations. You have been working illegally since November. That is a long time and not just a few days. Get an immigration lawyer ASAP. This is going to cost you money to get this sorted out. Don’t know why you waited so long. You could have applied In September and had PGWP by now.

I didn't wait on purpose. I just didn't know that 90 day things was still there. In 2016/2017 they put this 180 days thing and I thought it's the same day.

 

[scylla]

Wouldn't they charge me thousands of dollars? I don't have those kind of funds. Everything seems to be pointing to me quitting the job, applying for restoration of status as a student and pgwp together as the other user said. I'm sure I'm not the first person this is happening to. Does anyone here have a similar case? And the worst part is , my 180 days ends February 24th and my restoration and pgwp won't be ready by that day ,I heard it'll take like 3 months to process.

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.

 

[Sopunuchi]

It is very clear that study permit expires 90 days after graduation. Don’t know what you mean by violations. You have been working illegally since November. That is a long time and not just a few days. Get an immigration lawyer ASAP. This is going to cost you money to get this sorted out. Don’t know why you waited so long. You could have applied In September and had PGWP by now.

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