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PGWP Refusal and the Way Forward

Ikechukwu M

Newbie
Jun 24, 2020
3
0
Got a refusal letter from the CIC stating that my PGWP has been refused on the grounds of not maintaining full-time status through out the program.

The letter reads:

[X] Foreign students in Canada are eligible for a work permit for post-graduation employment only if they have continuously studied full time in Canada and have completed a program of study that is at least eight months in duration at a:  University, ....... As you do not meet this requirement, it has been determined that you are not eligible for a work permit in this category.

[X] PLEASE NOTE: As per R222(1)(a), your status in Canada is valid until the expiry date listed on your document or 90 days after the day on which the permit holder completes their studies, whichever comes first.

I admit to having attended two part time semesters and one unscheduled break all of which were in major semesters, but this was totally beyond my control as I did have private and uncontrollable reasons for such blunder.

Program Completion - May 11
PGWP Application - May 22
Refusal Letter - June 24



Given these conditions, my questions are thus:
1. Can I appeal this, and is there any chance of success? (1b) How do I do this?
2. Or should I reapply for the PGWP (2b) How do I go about this?
3. More school - How do I go about this? (3b) Is a restoration of status needed for this? The study permit expires Nov.
4. Since these processes are time dependent, and for the fact that I barely have 11 days prior to the 90Days limit as stipulated, what else can I do.
I do not plan to leave the country for any reason.

I appreciate all opinions on this subject.

Thanks.
 

canuck78

VIP Member
Jun 18, 2017
55,589
13,520
Got a refusal letter from the CIC stating that my PGWP has been refused on the grounds of not maintaining full-time status through out the program.

The letter reads:

[X] Foreign students in Canada are eligible for a work permit for post-graduation employment only if they have continuously studied full time in Canada and have completed a program of study that is at least eight months in duration at a:  University, ....... As you do not meet this requirement, it has been determined that you are not eligible for a work permit in this category.

[X] PLEASE NOTE: As per R222(1)(a), your status in Canada is valid until the expiry date listed on your document or 90 days after the day on which the permit holder completes their studies, whichever comes first.

I admit to having attended two part time semesters and one unscheduled break all of which were in major semesters, but this was totally beyond my control as I did have private and uncontrollable reasons for such blunder.

Program Completion - May 11
PGWP Application - May 22
Refusal Letter - June 24



Given these conditions, my questions are thus:
1. Can I appeal this, and is there any chance of success? (1b) How do I do this?
2. Or should I reapply for the PGWP (2b) How do I go about this?
3. More school - How do I go about this? (3b) Is a restoration of status needed for this? The study permit expires Nov.
4. Since these processes are time dependent, and for the fact that I barely have 11 days prior to the 90Days limit as stipulated, what else can I do.
I do not plan to leave the country for any reason.

I appreciate all opinions on this subject.

Thanks.
You don’t meet the requirements to qualify. I assume you explained why you were a part-time student twice and took an unscheduled break and provided any proof that your absences were beyond your control. You have quite a lot to overcome,
 

jweekend

Champion Member
Dec 13, 2019
1,280
224
Got a refusal letter from the CIC stating that my PGWP has been refused on the grounds of not maintaining full-time status through out the program.

The letter reads:

[X] Foreign students in Canada are eligible for a work permit for post-graduation employment only if they have continuously studied full time in Canada and have completed a program of study that is at least eight months in duration at a:  University, ....... As you do not meet this requirement, it has been determined that you are not eligible for a work permit in this category.

[X] PLEASE NOTE: As per R222(1)(a), your status in Canada is valid until the expiry date listed on your document or 90 days after the day on which the permit holder completes their studies, whichever comes first.

I admit to having attended two part time semesters and one unscheduled break all of which were in major semesters, but this was totally beyond my control as I did have private and uncontrollable reasons for such blunder.

Program Completion - May 11
PGWP Application - May 22
Refusal Letter - June 24



Given these conditions, my questions are thus:
1. Can I appeal this, and is there any chance of success? (1b) How do I do this?
2. Or should I reapply for the PGWP (2b) How do I go about this?
3. More school - How do I go about this? (3b) Is a restoration of status needed for this? The study permit expires Nov.
4. Since these processes are time dependent, and for the fact that I barely have 11 days prior to the 90Days limit as stipulated, what else can I do.
I do not plan to leave the country for any reason.

I appreciate all opinions on this subject.

Thanks.
You don't meet the requirements for a pgwp, an appeal won't do anything.
 

Shazd85

Hero Member
Oct 28, 2019
334
86
Got a refusal letter from the CIC stating that my PGWP has been refused on the grounds of not maintaining full-time status through out the program.

The letter reads:

[X] Foreign students in Canada are eligible for a work permit for post-graduation employment only if they have continuously studied full time in Canada and have completed a program of study that is at least eight months in duration at a:  University, ....... As you do not meet this requirement, it has been determined that you are not eligible for a work permit in this category.

[X] PLEASE NOTE: As per R222(1)(a), your status in Canada is valid until the expiry date listed on your document or 90 days after the day on which the permit holder completes their studies, whichever comes first.

I admit to having attended two part time semesters and one unscheduled break all of which were in major semesters, but this was totally beyond my control as I did have private and uncontrollable reasons for such blunder.

Program Completion - May 11
PGWP Application - May 22
Refusal Letter - June 24



Given these conditions, my questions are thus:
1. Can I appeal this, and is there any chance of success? (1b) How do I do this?
2. Or should I reapply for the PGWP (2b) How do I go about this?
3. More school - How do I go about this? (3b) Is a restoration of status needed for this? The study permit expires Nov.
4. Since these processes are time dependent, and for the fact that I barely have 11 days prior to the 90Days limit as stipulated, what else can I do.
I do not plan to leave the country for any reason.

I appreciate all opinions on this subject.

Thanks.
You clearly violated the PGWP terms. No point in appeal. You dont plan to leave than i would suggest you to find a Canadian gf ASAP.
 
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scylla

VIP Member
Jun 8, 2010
95,848
22,113
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Got a refusal letter from the CIC stating that my PGWP has been refused on the grounds of not maintaining full-time status through out the program.

The letter reads:

[X] Foreign students in Canada are eligible for a work permit for post-graduation employment only if they have continuously studied full time in Canada and have completed a program of study that is at least eight months in duration at a:  University, ....... As you do not meet this requirement, it has been determined that you are not eligible for a work permit in this category.

[X] PLEASE NOTE: As per R222(1)(a), your status in Canada is valid until the expiry date listed on your document or 90 days after the day on which the permit holder completes their studies, whichever comes first.

I admit to having attended two part time semesters and one unscheduled break all of which were in major semesters, but this was totally beyond my control as I did have private and uncontrollable reasons for such blunder.

Program Completion - May 11
PGWP Application - May 22
Refusal Letter - June 24



Given these conditions, my questions are thus:
1. Can I appeal this, and is there any chance of success? (1b) How do I do this?
2. Or should I reapply for the PGWP (2b) How do I go about this?
3. More school - How do I go about this? (3b) Is a restoration of status needed for this? The study permit expires Nov.
4. Since these processes are time dependent, and for the fact that I barely have 11 days prior to the 90Days limit as stipulated, what else can I do.
I do not plan to leave the country for any reason.

I appreciate all opinions on this subject.

Thanks.
1. I don't see any chances of an appeal succeeding. You don't meet the PGWP requirements and were correctly refused. If you really want to appeal then you need to hire a lawyer. This will likely cost you several thousand dollars with extremely low chance of success. Again, you were correctly refused. It doesn't matter why you had the part time semesters and the unofficial break.
2. See above. I see no point reapplying. You were correctly refused.
3. You could take another program and then extend your work permit. You would need to start the new program in September and it would need to be full time. You can then try to apply for a PGWP after you complete this further education. However the length of the PGWP will only be the length of your second program. Your first program of study will not be counted. Make sure the program you decide to take in Canada is very closely related to your previous program of study and clearly shows that you are advancing your studies - otherwise you may have a lot of trouble getting your study permit extension approved.
 

Ikechukwu M

Newbie
Jun 24, 2020
3
0
You don’t meet the requirements to qualify. I assume you explained why you were a part-time student twice and took an unscheduled break and provided any proof that your absences were beyond your control. You have quite a lot to overcome,
I did not include documents to explain the unscheduled absence and part-time studies regrettably. Would it make much difference if I reapply again and include receipts to back up my claims?

Thanks for the response.
 

scylla

VIP Member
Jun 8, 2010
95,848
22,113
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I did not include documents to explain the unscheduled absence and part-time studies regrettably. Would it make much difference if I reapply again and include receipts to back up my claims?

Thanks for the response.
You can certainly try reapplying and include this information.

Very low chance it will make any difference.
 

Ikechukwu M

Newbie
Jun 24, 2020
3
0
1. I don't see any chances of an appeal succeeding. You don't meet the PGWP requirements and were correctly refused. If you really want to appeal then you need to hire a lawyer. This will likely cost you several thousand dollars with extremely low chance of success. Again, you were correctly refused. It doesn't matter why you had the part time semesters and the unofficial break.
2. See above. I see no point reapplying. You were correctly refused.
3. You could take another program and then extend your work permit. You would need to start the new program in September and it would need to be full time. You can then try to apply for a PGWP after you complete this further education. However the length of the PGWP will only be the length of your second program. Your first program of study will not be counted. Make sure the program you decide to take in Canada is very closely related to your previous program of study and clearly shows that you are advancing your studies - otherwise you may have a lot of trouble getting your study permit extension approved.
Thanks Scylla for your response. I assume that I would need to apply for 'extension of study permit'. Is it possible to re-apply for the PGWP and Extension of Study Permit concurrently?