My PGWP Expires Jan 27th, 2023 (After New Extension Policy)

[$$harsh$$]

Hi @scylla
Need your advise/suggestion for a friend who is not a member of this group.

Here's the scenario :
His PGWP got expired on Jan 7th, 2024 ( he was not eligible for extension) , though he applied for dummy pgwp extension and its processing right now , he's aware it will be rejected and he needs to restore his status to visitor record.

Now the question is, in May he is planning a trip to Mexico for a week, he has valid visitor visa (TRV) until 2028 to enter/exit the country. will there be a problem entering back to the country since he's on implied status or what if his pgwp extension gets rejected and he applies for visitor record before leaving to Mexico and come back to Canada after a week? I know he will be questioned at the airport for sure while entering , but can they deny his entry even though he has a valid TRV as a visitor?

Any insights would be greatly appreciated.

 

[scylla]

Hi @scylla
Need your advise/suggestion for a friend who is not a member of this group.

Here's the scenario :
His PGWP got expired on Jan 7th, 2024 ( he was not eligible for extension) , though he applied for dummy pgwp extension and its processing right now , he's aware it will be rejected and he needs to restore his status to visitor record.

Now the question is, in May he is planning a trip to Mexico for a week, he has valid visitor visa (TRV) until 2028 to enter/exit the country. will there be a problem entering back to the country since he's on implied status or what if his pgwp extension gets rejected and he applies for visitor record before leaving to Mexico and come back to Canada after a week? I know he will be questioned at the airport for sure while entering , but can they deny his entry even though he has a valid TRV as a visitor?

Any insights would be greatly appreciated.

Don't know

 

[$$harsh$$]

@GandiBaat @Copingwithlife
Any chance you can help with my above question please?

 

[GandiBaat]

Hi @scylla
Need your advise/suggestion for a friend who is not a member of this group.

Here's the scenario :
His PGWP got expired on Jan 7th, 2024 ( he was not eligible for extension) , though he applied for dummy pgwp extension and its processing right now , he's aware it will be rejected and he needs to restore his status to visitor record. Which is a misrep....

Now the question is, in May he is planning a trip to Mexico for a week, he has valid visitor visa (TRV) until 2028 to enter/exit the country. will there be a problem entering back to the country since he's on implied status or what if his pgwp extension gets rejected and he applies for visitor record before leaving to Mexico and come back to Canada after a week? I know he will be questioned at the airport for sure while entering , but can they deny his entry even though he has a valid TRV as a visitor?

Any insights would be greatly appreciated.

Oh well.... dicey game and dicey situation. He should have transitioned to a Visitor status before expiry of his WP. Now .... there is a bigger issue looming here. IRCC, in some cases like these, does not even rejects the application but outright "returns" the application. Yes, it can treat an application that was incomplete or in this case simply ineligibility as if it was never recieved. And not to mention you will be lying on the application process when you follow the application process. You will have to select "I am applying for open WP under active public policy" or something similar. Which is a misrep to be honest.

What it means is in the worst case he is not just looking at being out of status with a 90 days period of restoring but possibly at overstay and misrep finding if the officer is a bit more edgy. You do not want to do that. It can make future entry in Canada harder or impossible.

Oh and IIRC on maintained status if he leaves canada and re-enter, he does not resume his status as a worker. Not to mention if they check what his past status was and found to be PGWP, they may hold him or deport him.

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=190&top=17

Ask him to consult a lawyer or RCIC to work out his way of this mess....

 

[$$harsh$$]

Oh well.... dicey game and dicey situation. He should have transitioned to a Visitor status before expiry of his WP. Now .... there is a bigger issue looming here. IRCC, in some cases like these, does not even rejects the application but outright "returns" the application. Yes, it can treat an application that was incomplete or in this case simply ineligibility as if it was never recieved. And not to mention you will be lying on the application process when you follow the application process. You will have to select "I am applying for open WP under active public policy" or something similar. Which is a misrep to be honest.

What it means is in the worst case he is not just looking at being out of status with a 90 days period of restoring but possibly at overstay and misrep finding if the officer is a bit more edgy. You do not want to do that. It can make future entry in Canada harder or impossible.

Oh and IIRC on maintained status if he leaves canada and re-enter, he does not resume his status as a worker. Not to mention if they check what his past status was and found to be PGWP, they may hold him or deport him.

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=190&top=17

Ask him to consult a lawyer or RCIC to work out his way of this mess....

100% agree to whatever you said, I will advise him not to leave the country for the time being.
Appreciate your time and the detailed answer.

 

[GandiBaat]

100% agree to whatever you said, I will advise him not to leave the country for the time being.
Appreciate your time and the detailed answer.

Advise him to consult a professional (lawyer OR RCIC) ASAP. That is more important than anything right now.

 

[$$harsh$$]

Advise him to consult a professional (lawyer OR RCIC) ASAP. That is more important than anything right now.

He did called his agent who applied for his dummy pgwp , he said there's wont be any issue entering the country since he has a valid TRV visa. He will be visiting back as a visitor.
He will be under restoration status as a visitor and will be questioned at the airport, but he can mentioned he is waiting for the ITA or here to attend a family function and will be leaving the country soon after winding everything here.

These were the exact words from his agent.

 

[GandiBaat]

He did called his agent who applied for his dummy pgwp , he said there's wont be any issue entering the country since he has a valid TRV visa. He will be visiting back as a visitor.
He will be under restoration status as a visitor and will be questioned at the airport, but he can mentioned he is waiting for the ITA or here to attend a family function and will be leaving the country soon after winding everything here.

These were the exact words from his agent.

Weird... Ask @legalfalcon ... he is pretty competent lawyer. Or ask the owners of this forum, they are a law firm as well. Ask for a consult if it is too broad of a topic for forum.

 

[$$harsh$$]

Mr @legalfalcon seems to be away from this forum for a while now, not sure who else to tag who can provide some more insights on this situation.
If you know someone, please tag them, that would be really helpful.

 

[GandiBaat]

Mr @legalfalcon seems to be away from this forum for a while now, not sure who else to tag who can provide some more insights on this situation.
If you know someone, please tag them, that would be really helpful.

I will say at this point book a consult with a lawyer.