PGWP - After Study Permit expired, Pay for restoration fee, but already graduated?

[breathinghard]

Hi all I am having trouble understanding the process of applying for PGWP AFTER your study permit expires (but within the 90 day period after expiry).

So it says (as of September 2024):

If you don’t change your status to visitor and your study permit expires, you have up to 90 days after 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 ($379)
  • 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.

My question is, I have already applied for graduation. I am graduating in October 2024. If I apply for PGWP + Restoration Fee, wouldn't they reject my restoration because I am no longer a student ( ie I am not enrolled in any classes as I have finished my program and have graduated)? Am I supposed to leave Canada before the 90 days after my SP's expiry date

(that means final grades --(90 days)--> study permit expires --(90 days)-->leave canada + eligibility to restore status ends) ?

Is this restoration for any student eligible for PGWP who graduated and has their study permit expired within 90 days? Very confused. If it helps, my last grades were 5 May 2024, so around 130 days ago.

 

[forevermore76]

Hi all I am having trouble understanding the process of applying for PGWP AFTER your study permit expires (but within the 90 day period after expiry).

So it says (as of September 2024):

My question is, I have already applied for graduation. I am graduating in October 2024. If I apply for PGWP + Restoration Fee, wouldn't they reject my restoration because I am no longer a student ( ie I am not enrolled in any classes as I have finished my program and have graduated)? Am I supposed to leave Canada before the 90 days after my SP's expiry date

(that means final grades --(90 days)--> study permit expires --(90 days)-->leave canada + eligibility to restore status ends) ?

Is this restoration for any student eligible for PGWP who graduated and has their study permit expired within 90 days? Very confused. If it helps, my last grades were 5 May 2024, so around 130 days ago.

You have overstay issues. Probably best at this point to leave Canada and apply for PGWP from overseas. Restoration won't be required if applied outside Canada. Even if you applied inland for PGWP and restoration, you won't be able to work or study while you wait so it's really pointless imo.
Also, you are cutting close to 180 days window so you might want to act quick.

 

[breathinghard]

You have overstay issues. Probably best at this point to leave Canada and apply for PGWP from overseas. Restoration won't be required if applied outside Canada. Even if you applied inland for PGWP and restoration, you won't be able to work or study while you wait so it's really pointless imo.
Also, you are cutting close to 180 days window so you might want to act quick.

Right, thanks it seems like that's the easiest option. I will double check with a lawyer to see if I am still eligible to apply overseas, I've received conflicting information about my eligibility for that

Just curious, do you know if I am still eligible for restoration within Canada? I thought the restoration eligibility period was 90 days after your SP expires (3 Aug -> 1 Nov), and that your SP expires 90 days after your final grades (5 May -> 3 Aug).

 

[forevermore76]

Right, thanks it seems like that's the easiest option. I will double check with a lawyer to see if I am still eligible to apply overseas, I've received conflicting information about my eligibility for that

Just curious, do you know if I am still eligible for restoration within Canada? I thought the restoration eligibility period was 90 days after your SP expires (3 Aug -> 1 Nov), and that your SP expires 90 days after your final grades (5 May -> 3 Aug).

That is correct, 90 days from loss of status. Loss of status can be either from expiration of status or after a refusal where loss of status date is specifically noted by IRCC on the refusal letter.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html

 

[Naturgrl]

Right, thanks it seems like that's the easiest option. I will double check with a lawyer to see if I am still eligible to apply overseas, I've received conflicting information about my eligibility for that

Just curious, do you know if I am still eligible for restoration within Canada? I thought the restoration eligibility period was 90 days after your SP expires (3 Aug -> 1 Nov), and that your SP expires 90 days after your final grades (5 May -> 3 Aug).

Your SP expires 90 days after program completion or expiry date, whichever comes first. So once you completed studies, you had 90 days to restore status so August 3.