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pgwp refusal under public policy2022

nishitgaikwad

Member
Jun 8, 2023
11
0
My post grad work permit expired in january 2022.
I applied for trv before my work permit expired but it got rejected in may 2022
my temporary status got expired in may 2022 and My 90 days restoration period got over in august 2022.
I applied under the public policy in sept 2022 and got a refusal in February 2023 stating that I applied beyond the 90 days restoration period and its rejected.
Now iam applying under the new public policy PGWP 2023

also on April 5 I received a letter from IRCC for interim work authorization stating that I may be eligible for the work permit extension and gives me a interim working authorization till may 2024
 

canuck78

VIP Member
Jun 18, 2017
55,592
13,523
My post grad work permit expired in january 2022.
I applied for trv before my work permit expired but it got rejected in may 2022
my temporary status got expired in may 2022 and My 90 days restoration period got over in august 2022.
I applied under the public policy in sept 2022 and got a refusal in February 2023 stating that I applied beyond the 90 days restoration period and its rejected.
Now iam applying under the new public policy PGWP 2023

also on April 5 I received a letter from IRCC for interim work authorization stating that I may be eligible for the work permit extension and gives me a interim working authorization till may 2024
Tough to say what will happen because you fell out of status. You may be given an extension 18 months from when your PGWP expired in January 2022.
 

nishitgaikwad

Member
Jun 8, 2023
11
0
I am also going for judicial review in the federal court. Is there any possibility that judge would turn the decision in my favor?
And I am also applying for PGWP extension according to the new Public policy 2023. I am worried that they might reject this application as well referring to the previous agent notes on my file.
can any one please suggest a solution.
Doing all this process has cost me a fortune$$$ and unnecessary mental stress
 

scylla

VIP Member
Jun 8, 2010
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I am also going for judicial review in the federal court. Is there any possibility that judge would turn the decision in my favor?
And I am also applying for PGWP extension according to the new Public policy 2023. I am worried that they might reject this application as well referring to the previous agent notes on my file.
can any one please suggest a solution.
Doing all this process has cost me a fortune$$$ and unnecessary mental stress
There is always some chance that a judicial review will be decided in your favour. I think your lawyer will be the best person to comment on the chances of that.

To the best of my knowledge, you can only be approved under the 2023 policy if you qualified under the 2022 policy. I think you may need to wait for the outcomes of the JD before applying for the 2023 policy. But again, your lawyer is probably in the best position to comment on this.

Good luck.
 

scylla

VIP Member
Jun 8, 2010
95,860
22,119
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 am also going for judicial review in the federal court. Is there any possibility that judge would turn the decision in my favor?
And I am also applying for PGWP extension according to the new Public policy 2023. I am worried that they might reject this application as well referring to the previous agent notes on my file.
can any one please suggest a solution.
Doing all this process has cost me a fortune$$$ and unnecessary mental stress
Question. When you applied under the 2022 policy, did you also apply to restore your status in addition to applying for the PGWP?
 

nishitgaikwad

Member
Jun 8, 2023
11
0
the policy says that whosever PGWP expired between September 2021 to December 31, 2023 are eligible for the work permit.
Those with expired work permits will be able to restore their status, even if they are beyond the 90-day restoration period.
My work permit expired in January 2022 and I was clearly eligible for the work permit extension.
Though I was beyond the 90 days restoration period I was eligible according to the public policy 2022 and also for PP 2023.

Can anyone tell me that Am I interpreting the public correctly or not? and was I eligible foo the extension?
 

Naturgrl

VIP Member
Apr 5, 2020
44,918
9,519
I am also going for judicial review in the federal court. Is there any possibility that judge would turn the decision in my favor?
And I am also applying for PGWP extension according to the new Public policy 2023. I am worried that they might reject this application as well referring to the previous agent notes on my file.
can any one please suggest a solution.
Doing all this process has cost me a fortune$$$ and unnecessary mental stress
If a positive decision by judge for PR, it just means that another officer will review your file. It doesn’t mean it will be approved, and can still be refused by another officer.
 

nishitgaikwad

Member
Jun 8, 2023
11
0
Question. When you applied under the 2022 policy, did you also apply to restore your status in addition to applying for the PGWP?
Yes I did applied for restoration while applying under the public policy and also I clearly stated in my letter of explanation that I am applying under the public policy.
I got a refusal stating that I applied after the 90 days of restoration period and not eligible for restoration which is clearly wrong according to the policy
 

nishitgaikwad

Member
Jun 8, 2023
11
0
If a positive decision by judge for PR, it just means that another officer will review your file. It doesn’t mean it will be approved, and can still be refused by another officer.
I assume that the officer who was reviewing my application didn't took the Public policy in to consideration and rejected my application based on the regular restoration period rule.
 

Naturgrl

VIP Member
Apr 5, 2020
44,918
9,519
I assume that the officer who was reviewing my application didn't took the Public policy in to consideration and rejected my application based on the regular restoration period rule.
Ok. But as said if you go to JR, you do not get your PGWP. All you get is a positive decision and another officer reviews your file. It can still be refused.
 

scylla

VIP Member
Jun 8, 2010
95,860
22,119
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
Yes I did applied for restoration while applying under the public policy and also I clearly stated in my letter of explanation that I am applying under the public policy.
I got a refusal stating that I applied after the 90 days of restoration period and not eligible for restoration which is clearly wrong according to the policy
That seems very odd. Based on that, I would think you have a good chance for JD being successful. But I don't know the full details of your case so that is just a guess.