Missed Post-graduate Work Permit 90 Day Deadline

[kelvin23]

Hi all,

Today, I find myself in a very unfortunate situation. I graduated on May 29th, 2012. At the time, I had the application for the PGWP ready to go, but I backed off sending it as I wasn't sure at the time whether I wanted pursue a Masters program or not. But, I wasn't aware of the 90 day rule. Had I been aware, I would've applied for the PGWP right away. I started a masters program this term just to try it out, and confirm my suspicions of me not having it in me to complete it. At the same, I was looking for jobs here and there. A friend made me aware this week of the 90 day rule, which I then checked right away with the international office at the university with confirmation. Today, I'm about 40 days past the deadline for applying. From my calls to the CIC call center, and talking to the international office, they told that it wouldn't hurt to apply, but it would probably be rejected. They also recommended to write a letter explaining the situation.

So, I'm wondering if there's anyone here who experienced a similar situation that can provide me with some details on what I can expect, or if there's some kind of loophole that I can exploit with the university to change my graduation to a later date.

I actually went to see a immigration lawyer today but he wasn't able to direct me in a way that could help my situation. I spend the rest of the day trying to talk to the university president to see of there's anything that can be done about my graduation date with no avail.

This has been a very devastating time for me. As I can't wrap my head around how a stupid mistake like that is gonna drastically change the course of my life for the near future.

 

[SenoritaBella]

Ofcourse, the university can not change your graduation date. It's unfortunate that this happened to you however, there may be a few options to consider:
1. apply and explain like the university suggested(doubt it will work since it's 40 days overdue)
2. find an employer willing to apply for a LMO(labor market opinion) for you. They have to demonstrate recruitment efforts(i.e. that they could not find Canadian citizens or permanent residents who could do the job). If approved, you can apply for a closed work permit. Note that the job has to be skilled(NOC O, A or B) to be eligible to apply for permanent residence under the Canadian Experience Class.
3. complete your Masters program and apply for the PGWP then. You would be eligible since you have not received one previously.
4. if you have a spouse/common-law partner who is a Canadian citizen or permanent resident, they could sponsor you.

For future reference always visit cic.gc.ca for information. Best of luck and do let us know how it goes so others can learn from it.

 

[kelvin23]

How hard is it to get an LMO for a new grad mechanical engineering position? A lot of employers seem to have an option on the online application about being legally able to work in Canada. It seems to me that this option is to weed out those who need an LMO and dismiss those applications. Is this true based on your experience?

Edit: Also, I don't see myself being able to continue my Masters program. Is it legal for me to remain in Canada until the validity of my study permit without studying?

 

[SenoritaBella]

It's hard to find employers willing to go through the LMO process but you have to keep trying. As for the LMO itself, if the employer can show adequate recruitment efforts, etc there is chance of being approved.

About legal authorization to work, I'm only guessing that it's probably to shortlist applicants who are ready to start work right away. That being said, if you answer "no" to the question but it still allows you to submit your application, go for it. You never know. Employers are sometimes willing to go the extra mile for a great candidate.
I was able to get an interview and job offer and my employer was willing to do the LMO, which was approved in 2 weeks.

That's unfortunate you will not continue the masters program. It's the best option if the LMO is not possible. As I understand, the study permit gives you legal status and you can stay until it expires but note that if you leave Canada at anytime after dropping out of school, there is a possibility of being denied re-entry. Also, there are proposed changes to close this loophole where study permit holders continue to stay in Canada without enrolling in school.

http://www.vancouversun.com/business/emergingmarkets/Ottawa+plan+tighten+rules+international+student+visas/7022302/story.html

How hard is it to get an LMO for a new grad mechanical engineering position? A lot of employers seem to have an option on the online application about being legally able to work in Canada. It seems to me that this option is to weed out those who need an LMO and dismiss those applications. Is this true based on your experience?

Edit: Also, I don't see myself being able to continue my Masters program. Is it legal for me to remain in Canada until the validity of my study permit without studying?