ITA declined - Need advice in creating a new one

[Stefanovic]

Hi Everyone,

I recently declined my ITA and I am hoping to get some advice when applying for a new profile, it may sound silly but i just need to be certain.

There is a question which asks if you have applied for Express Entry before, and when you select yes, it ask for the express entry application no., so now since I have applied and received ITA should I just mention the application # which shows withdrawn on my profile. Does this by any chance affect my current application?

 

[steffo]

I think it might definitely affect your current application if you lie about previous applications.
'Just not mentioning it' is just another form of lying imo.

 

[jes_ON]

Hi Everyone,

I recently declined my ITA and I am hoping to get some advice when applying for a new profile, it may sound silly but i just need to be certain.

There is a question which asks if you have applied for Express Entry before, and when you select yes, it ask for the express entry application no., so now since I have applied and received ITA should I just mention the application # which shows withdrawn on my profile. Does this by any chance affect my current application?

If you have never submitted an eAPR, and had it accepted as complete (passed the R10 completeness check), you have not applied before, and you should answer "no."

 

[Stefanovic]

There is a question which asks if you have applied for Express Entry before, and when you select yes, it ask for the express entry application no., so now since I have applied and received ITA should I just mention the application # which shows withdrawn on my profile. Does this by any chance affect my current application?
[/quote]

Thanks Steffo and jes_on.

I didnt reach the R10 stage. I declined it right after I got my checklist. So I will answer no then. Thanks again.

However, I have another question, this has to do with my work experience for CEC, off express entry topic.
Here's the thing, I had only one course in my last semester in April of 2015 and finished exams on the 9th, I later moved and started working a full time job on April 29th 2015. I applied for my PGWP on June 8th. Just wanted to know is it legal to work full time right after you finish your course? I had a valid study permit till Nov 2015.
Someone brought this up and said you couldnt work is it true?

I have been trying to find an answer to this, and am hoping you can help, clear this doubt.

Thansk!

 

[steffo]

Sorry, I think I misunderstood your first question.

I started working under implied status the day AFTER I applied for my PGWP.
If you just had a study permit and no work permit then I think it's not legal to work. But I might be wrong again.
Good luck with everything.

 

[jes_ON]

Here's the thing, I had only one course in my last semester in April of 2015 and finished exams on the 9th, I later moved and started working a full time job on April 29th 2015. I applied for my PGWP on June 8th. Just wanted to know is it legal to work full time right after you finish your course? I had a valid study permit till Nov 2015.

Your study permit ceased to be valid on the day when you completed your program (or really, the last day of the final semester in which you enrolled).

Someone brought this up and said you couldnt work is it true?

This is the current information on the IRCC website -

"You can work full-time while waiting for a decision on your post-graduation work permit application if, at the time you submitted your application, you:

had a valid study permit,
had completed your program of study,
were eligible to work off-campus without a permit, and
did not work off-campus more than 20 hours a week during academic sessions."

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1181&top=15

Note that this page was recently "updated" on 2017-02-09 -

I believe that previously, it had indicated that you could only continue to work if you had applied for your BOWP before the end of your final semester (it didn't make sense, but that is what it said, so there was misinformation because of this). This update corrected that misinformation.

 

[chonji1226]

I'm trying to understand why is there a need to create a new profile after declining ITA? why can we use the same profile?

I need to know because I'm about to decline my ITA and I'm thinking if I need to create a new profile?

 

[steffo]

This is the current information on the IRCC website -

"You can work full-time while waiting for a decision on your post-graduation work permit application if, at the time you submitted your application, you:

had a valid study permit,
had completed your program of study,
were eligible to work off-campus without a permit, and
did not work off-campus more than 20 hours a week during academic sessions."

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1181&top=15

Note that this page was recently "updated" on 2017-02-09 -

I believe that previously, it had indicated that you could only continue to work if you had applied for your BOWP before the end of your final semester (it didn't make sense, but that is what it said, so there was misinformation because of this). This update corrected that misinformation.

You can work full-time 'while waiting for a decision...'. That means you must have applied for a PGWP before or on the day you started working.
You started working in April and applied for PGWP in June. I don't think that's legal.
You have to apply first, then you can start working, unless you have a work permit that allows you to work before.
That's what I think. That's what I did.
Didn't your employer want to see a work permit?
Someone correct me if I'm wrong.

 

[Stefanovic]

Hi Steffo,

I know I read that too from the site, I had a study permit which says that may work 20 hrs off campus or full -time during regular breaks if meeting criteria outlined in section 185V of IRPR

This is what its says:
(v) if they are the holder of a study permit and

(i) they are a full-time student enrolled at a designated learning institution as defined in section 211.1,

(ii) the program in which they are enrolled is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary level offered in Quebec, in each case, of a duration of six months or more that leads to a degree, diploma or certificate, and

(iii) although they are permitted to engage in full-time work during a regularly scheduled break between academic sessions, they work no more than 20 hours per week during a regular academic session; or

(w) if they are or were the holder of a study permit who has completed their program of study and

(i) they met the requirements set out in paragraph (v), and

(ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application.

Please let me know what you think about this.

Also thanks jes_on for the information

And chonji1226 it was my bad, you can just use the same profile, I found out later. you are on the right track.

 

[steffo]

Hi Steffo,

I know I read that too from the site, I had a study permit which says that may work 20 hrs off campus or full -time during regular breaks if meeting criteria outlined in section 185V of IRPR

This is what its says:
(v) if they are the holder of a study permit and

(i) they are a full-time student enrolled at a designated learning institution as defined in section 211.1,

(ii) the program in which they are enrolled is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary level offered in Quebec, in each case, of a duration of six months or more that leads to a degree, diploma or certificate, and

(iii) although they are permitted to engage in full-time work during a regularly scheduled break between academic sessions, they work no more than 20 hours per week during a regular academic session; or

(w) if they are or were the holder of a study permit who has completed their program of study and

(i) they met the requirements set out in paragraph (v), and

(ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application.

Please let me know what you think about this.

Also thanks jes_on for the information

And chonji1226 it was my bad, you can just use the same profile, I found out later. you are on the right track.

Ok. So you had an off campus work permit.
I find the following facts concerning:
It was your last semster, you had your final exams April 9 and you had just on course. You were allowed to work full-time on breaks between academic sessions. It seems like you finished school. So you didnt work full-time on a break as enrolled full-time student, you just worked after school.
To me it doesn't seem like you met the necessary criteria when you started working full-time.
Until when have you been enrolled?
When did you graduate?
How many hours a week did you spend in courses? Was it full time?
You should maybe call them to definitely clarify that.
I don't have a good feeling. But again, that's just me...and the dude/girl who told you that previously in another thread I assume.

 

[Stefanovic]

Let me give you a timeline –

It was a 2 year program I was enrolled in. I was full time student till December of 2015.

In January I had to complete only one course as it was available only in the winter. I was also working part-time during this time.

I gave my one final exam on April 9th. I had study permit which was valid till Nov 20th 2015. (I had to extend it because of the one course).

Certificate and transcript shows that the last course was in April. Started working full time on Apr 28th and applied for PG work permit 8th June (delay was also partially because university did not send me the right transcript and had to apply again to received the one that showed I had completed my studies.)

I was under the impression that because I had a work permit/study permit I could work. And employer was ok with the study permit copy too as it said I could work full time. So I don’t know what to think anymore.

BTW I really appreciate you taking the time to reply to my msgs.

 

[jes_ON]

Let me give you a timeline –
I gave my one final exam on April 9th. I had study permit which was valid till Nov 20th 2015. (I had to extend it because of the one course).

Under current rules, your study permit expires on the day you cease to be a student (regardless of the expiry date printed). However, under the previous rules, you were allowed to work for 3 months post-graduation on your study permit. I can't recall when it changed, but the rules that were in place at the time are the rules that govern your eligibility.

Certificate and transcript shows that the last course was in April.

But when was the last day of the semester that you were enrolled in? And/or what was the date of your graduation? Those are the dates that mark the end of your being a student.

 

[Stefanovic]

Hi Jes_on, this is what I found on CIC website -

http://www.cic.gc.ca/english/department/media/notices/2014-02-12.asp

New regulations, as of June 1, 2014

Study permits will automatically authorize the holder to work off-campus for up to 20 hours per week during the academic session and full-time during scheduled breaks without the need to apply for a separate work permit. The study permit holder must be pursuing academic, vocational or professional training of six months or more that leads to a degree, diploma or certificate at a designated institution.

A study permit becomes invalid 90 days following the completion of studies unless the foreign national also possesses a valid work permit or another authorization to remain in Canada.

My last day for my semester in winter 2015 was April 27th.

Would this apply to me?

 

[jes_ON]

http://www.cic.gc.ca/english/department/media/notices/2014-02-12.asp

New regulations, as of June 1, 2014
...
"A study permit becomes invalid 90 days following the completion of studies unless the foreign national also possesses a valid work permit or another authorization to remain in Canada."
Would this apply to me?

I believe so. Like I said, I'm not entirely sure when the rules changed (or if they actually have; the current language on the CIC website is different), but I think it was only last year (the last update on the page is dated 2016-02-12), so I think you are ok. It's just that people who only know the current rules may not realize that they don't apply to your situation.

 

[steffo]

@Stefanovic
'...to work full-time...during scheduled breaks'.
You started working full-time after you finished your last semester early April (also shown in your certificate and transcripts which you eventually will have to upload if you claim points for canadian education). I don't think these 90 days following the completion of your studies are considered a scheduled break.
Don't know man. This gap between your finals and your application for PGWP...I don't really know how to classify that.
I wish I could help you better, but I'm afraid you won't get the perfectly satisfying answer in this forum.
When I applied for PGWP in 2015 it was pretty straight forward. I didn't face the same obstacles as you. Just sharing my thoughts about what I remember about the topic PGWP.
Anyhow. Regardless of what anybody tells you here, old rule, new rules, whatever, if I were you I'd try to clarify/confirm the situation with the officials.
Hope everthing works out well