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My PGWP Was Denied??

shayscholes

Newbie
Nov 28, 2022
2
0
I need help. I was denied my post graduate work permit on the basis of "not being in Canada", but I was in Canada working after I graduated from UBC for 6 months, and only left due to a family member being ill and multiple dying in the U.S. (2021, Covid was still prominent). I was told when I re-entered that I had invalidated my extended study permit and could no longer work full time there (although online it says I should have been able to), so now I've been outside of Canada for over a year waiting to be allowed back, only to have my work permit denied despite graduating from an accredited university and having been established in an industry in Vancouver, BC after university. I also studied from the U.S for one singular semester during covid, but I explained this in detail and showed I was still studying during (and ya know, covid was an extenuating circumstance). Is there any way I can appeal this?
 

Naturgrl

VIP Member
Apr 5, 2020
43,558
9,159
I need help. I was denied my post graduate work permit on the basis of "not being in Canada", but I was in Canada working after I graduated from UBC for 6 months, and only left due to a family member being ill and multiple dying in the U.S. (2021, Covid was still prominent). I was told when I re-entered that I had invalidated my extended study permit and could no longer work full time there (although online it says I should have been able to), so now I've been outside of Canada for over a year waiting to be allowed back, only to have my work permit denied despite graduating from an accredited university and having been established in an industry in Vancouver, BC after university. I also studied from the U.S for one singular semester during covid, but I explained this in detail and showed I was still studying during (and ya know, covid was an extenuating circumstance). Is there any way I can appeal this?
You are going to have to outline your timelines and dates more clearly - when did you study (what terms were outside Canada), when you re-entered Canada (during your studies or after), when you worked full time (and status at that time). Also did you apply for PGWP inside Canada?
 

Ultraxion

Hero Member
May 10, 2022
258
190
I don't see any wrong doing from IRCC. You need to post the PGWP refusal letter so ppl can know why they refused your PGWP.

And a side note, this is WAY too much personal info you post on a public forum. Remove them or do a bit redaction to protect yourself.
 
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Naturgrl

VIP Member
Apr 5, 2020
43,558
9,159
Agree that you should not be posting so much personal information. You have a lot of documentation and I see two reasons for not receiving a PGWP. First, you are not allowed a year of approved leave.You are only allowed up to 150 days. So that makes you ineligible and you weren’t even in Canada for a year. Second, you were part-time two semesters (Fall 2020 and Spring 2021). You are not allowed to be part-time except for last semester.

So I don’t think IRCC made an error in their decision. Again need to read refusal letter.
 

Hugues95

Newbie
Nov 24, 2022
6
0
Agree that you should not be posting so much personal information. You have a lot of documentation and I see two reasons for not receiving a PGWP. First, you are not allowed a year of approved leave.You are only allowed up to 150 days. So that makes you ineligible and you weren’t even in Canada for a year. Second, you were part-time two semesters (Fall 2020 and Spring 2021). You are not allowed to be part-time except for last semester.

So I don’t think IRCC made an error in their decision. Again need to read refusal letter.
Hi @Naturgrl ! Sorry to bump into you through another post. I had a question and was wondering if you could tell me what you think. I graduated from a 3 year undergrad program this year, while maintaining a full time status the whole time. However, prior to that I was enrolled in another program for 1 year but I ended quitting & switching to the program that I graduated in. There’s a one year gap in between both programs because I took some time off for mental health reasons that I have proof of. I communicated it to my school upon my return and they let me back in. My Pgwp got denied because I didn’t provide an explanation for that gap when I first applied, do you think I have a chance at reconsideration? Considering the fact that I took another program and graduated ?
 

Naturgrl

VIP Member
Apr 5, 2020
43,558
9,159
Hi @Naturgrl ! Sorry to bump into you through another post. I had a question and was wondering if you could tell me what you think. I graduated from a 3 year undergrad program this year, while maintaining a full time status the whole time. However, prior to that I was enrolled in another program for 1 year but I ended quitting & switching to the program that I graduated in. There’s a one year gap in between both programs because I took some time off for mental health reasons that I have proof of. I communicated it to my school upon my return and they let me back in. My Pgwp got denied because I didn’t provide an explanation for that gap when I first applied, do you think I have a chance at reconsideration? Considering the fact that I took another program and graduated ?
Did you have approved leave to take a year off? Most of the time, you can only take up to 150 days off. Only special circumstances for a year. Was it the same DLI? If there was a one year gap between programs then did you apply for a new study permit. Your study permit would have been cancelled for the first program if you didn't get approved leave and submit the changes at that time to IRCC.

Work in Canada after you graduate: Who can apply - Canada.ca
 

Hugues95

Newbie
Nov 24, 2022
6
0
Did you have approved leave to take a year off? Most of the time, you can only take up to 150 days off. If there was a one year gap between programs then did you apply for a new study permit. Your study permit would have been cancelled for the first program if you didn't get approved leave and submit the changes at that time to IRCC.

Work in Canada after you graduate: Who can apply - Canada.ca
Hi! No unfortunately I didn’t have an approved leave. I only discussed it upon my return. I had even lost my tuition fees exemption but it got reinstated after I explained the facts. And a year later into my new program, I renewed my student permit with no trouble.
 

Naturgrl

VIP Member
Apr 5, 2020
43,558
9,159
Hi! No unfortunately I didn’t have an approved leave. I only discussed it upon my return. I had even lost my tuition fees exemption but it got reinstated after I explained the facts. And a year later into my new program, I renewed my student permit with no trouble.
So unfortunately, you were not authorized to take a year off. You would have been better off applying for a new study permit for the program rather than renewing your permit that was tied to the program you dropped. You can ask for reconsideration, but you took more that the allowed time of no more than 150 days as in the link. Are you in Canada now? If so change your status to visitor and stop working if you are.
 
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Hugues95

Newbie
Nov 24, 2022
6
0
So unfortunately, you were not authorized to take a year off. You would have been better off applying for a new study permit for the program rather than renewing your permit that was tied to the program you dropped. You can ask for reconsideration, but you took more that the allowed time of no more than 150 days as in the link. Are you in Canada now? If so change your status to visitor and stop working if you are.
Yes, I am in Canada and I stopped working as advised in my refusal letter. May I ask what you mean student permit being tied to a program ? I wasn’t under the impression that it was. Also, once I switch to a visitor status, what options are open to me?
 

Naturgrl

VIP Member
Apr 5, 2020
43,558
9,159
Yes, I am in Canada and I stopped working as advised in my refusal letter. May I ask what you mean student permit being tied to a program ? I wasn’t under the impression that it was. Also, once I switch to a visitor status, what options are open to me?
You received a study permit based on a program that you didn't complete. Because you took a year off, you would have been better at that time to apply for a new study permit based on the program you graduated from. You have no status in Canada so you must change your status to visitor. You cannot work. Your option is to reapply for reconsideration and wait. You may want to seek the advice of an immigration lawyer. If refused again, then you either complete a new program, leave Canada or apply for PR if you are eligible.
 

Hugues95

Newbie
Nov 24, 2022
6
0
You received a study permit based on a program that you didn't complete. Because you took a year off, you would have been better at that time to apply for a new study permit based on the program you graduated from. You have no status in Canada so you must change your status to visitor. You cannot work. Your option is to reapply for reconsideration and wait. You may want to seek the advice of an immigration lawyer. If refused again, then you either complete a new program, leave Canada or apply for PR if you are eligible.
Oh I’m sorry , one last question. Is there a difference between restoration and reconsideration ? On my refusal letter, it stated that I could ask for restoration of status but I’m seeing reconsideration everywhere else. Is the same process, just different names or they’re two completely different procedures ?
 

Naturgrl

VIP Member
Apr 5, 2020
43,558
9,159
Oh I’m sorry , one last question. Is there a difference between restoration and reconsideration ? On my refusal letter, it stated that I could ask for restoration of status but I’m seeing reconsideration everywhere else. Is the same process, just different names or they’re two completely different procedures ?
You may want to post your letter and seek advice from an immigration lawyer. Now that you have been refused your PGWP, you nee to restore your status to visitor. Reconsideration is asking IRCC to re-assess your file based on new evidence you include and show that they made an error in IRCC laws and regulations. There are no timelines for reconsideration.
 
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