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PGWP Refusal

Nm1963

Newbie
Jul 30, 2022
9
0
Dear Altruists,

I have recently heard back from IRCC regarding my work permit refusal. The reasoning given is as follows:

Foreign students in Canada are eligible for a work permit for post-graduation employment only if they have maintained full time student status in Canada during each academic session of the program or programs and have completed a program of study that is at least eight months in duration at a:  University, community college, CEGEP,  publicly funded trade/technical school or  private institution authorized by provincial statute to confer degrees As you do not meet this requirement, it has been determined that you are not eligible for a work permit in this category

The thing is I was enrolled as a part-time student for one semester (fall 2017-18). I started the semester being enrolled in three courses (full-time course load) and had to drop one in the middle of the semester I was on academic warning in the previous semester and I had to drop that one course as I had a poor mark in it and had I continued in that course my GPA would've dropped below 50% and I would have been put on academic probation. Which would then not allow me to enrol for two further semesters. In order to avoid that, I had to drop that one course and continue as a part-time student for one semester. I wrote a letter explaining my situation, got it checked by an immigration advisor at my university, and attached it to my final application. Yet I got refused. Another important thing to note is it has been over 180 days since my graduation date and I have been told by an immigration advisor at my university that reapplying is not an option, the only thing I can do is request for reconsideration and that is a very 'informal' process and I'd be better served not pursuing it. Now, my question is two-fold -
1.) Is there anyone here who has faced the same situation and has applied for reconsideration successfully? If so, what kind of documents did you have to provide?
2.) What actions would I need to take now in terms of residing in Canada and is it at all possible for me to continue working in this situation?

Any sort of advice would be greatly appreciated, and hoping to hear from some of you very soon. Thanks in advance

Edit: Also needed some advice about the restoration of status aspect. I've decided to enroll in courses in the meantime and get my study permit restored. Would simply paying the study permit extension fee ($150) plus the restoration fee ($200) suffice or would I also need to pay the extra work permit fee ($155) if I want to continue working part-time hours during the course of my studies (if the restoration gets approved)
 

scylla

VIP Member
Jun 8, 2010
95,763
22,052
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
Dear Altruists,

I have recently heard back from IRCC regarding my work permit refusal. The reasoning given is as follows:

Foreign students in Canada are eligible for a work permit for post-graduation employment only if they have maintained full time student status in Canada during each academic session of the program or programs and have completed a program of study that is at least eight months in duration at a:  University, community college, CEGEP,  publicly funded trade/technical school or  private institution authorized by provincial statute to confer degrees As you do not meet this requirement, it has been determined that you are not eligible for a work permit in this category

The thing is I was enrolled as a part-time student for one semester (fall 2017-18). I started the semester being enrolled in three courses (full-time course load) and had to drop one in the middle of the semester I was on academic warning in the previous semester and I had to drop that one course as I had a poor mark in it and had I continued in that course my GPA would've dropped below 50% and I would have been put on academic probation. Which would then not allow me to enrol for two further semesters. In order to avoid that, I had to drop that one course and continue as a part-time student for one semester. I wrote a letter explaining my situation, got it checked by an immigration advisor at my university, and attached it to my final application. Yet I got refused. Another important thing to note is it has been over 180 days since my graduation date and I have been told by an immigration advisor at my university that reapplying is not an option, the only thing I can do is request for reconsideration and that is a very 'informal' process and I'd be better served not pursuing it. Now, my question is two-fold -
1.) Is there anyone here who has faced the same situation and has applied for reconsideration successfully? If so, what kind of documents did you have to provide?
2.) What actions would I need to take now in terms of residing in Canada and is it at all possible for me to continue working in this situation?

Any sort of advice would be greatly appreciated, and hoping to hear from some of you very soon. Thanks in advance

Edit: Also needed some advice about the restoration of status aspect. I've decided to enroll in courses in the meantime and get my study permit restored. Would simply paying the study permit extension fee ($150) plus the restoration fee ($200) suffice or would I also need to pay the extra work permit fee ($155) if I want to continue working part-time hours during the course of my studies (if the restoration gets approved)
1) There are people here who have been successful but of course not everyone is. Technically you can only be part time in your last semester. So you bsically have to convince IRCC to give you an exception. A number of people here have hired immigration lawyer to help them with the reconsideration so that is something you can consider doing as well. Also, rather than waiting for people to respond, it would be a good idea to try to find old threads on this topic and read through them. You'll get way more information that way.
2) You have to stop working immediately since you are now out of status in Canada. If reconsideration works and IRCC approves your PGWP, you'll get your status back and be able to start working again.
 
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Reactions: Nm1963

Nm1963

Newbie
Jul 30, 2022
9
0
Thanks for your reply. I will definitely keep your suggestions in mind. I am aware of the fact that international students are only allowed to be part-time in their last semester, the reason I was part-time is because I had to drop the course mid-semester due to a poor grade, which would've resulted in me going on to academic probation, which would mean I would not be allowed to enrol for courses for two semesters at my university. I have also recently figured out that I extended my study permit successfully twice after the semester where I finished as a part-time student, and in the newly-issued permits under the remarks section, it was stated 'maintained temporary resident status as per R183(6). I am considering writing a new letter of explanation to send along with the request for reconsideration; is this a worthwhile argument to pursue? Looking forward to hearing from you, thanks
1) There are people here who have been successful but of course not everyone is. Technically you can only be part time in your last semester. So you bsically have to convince IRCC to give you an exception. A number of people here have hired immigration lawyer to help them with the reconsideration so that is something you can consider doing as well. Also, rather than waiting for people to respond, it would be a good idea to try to find old threads on this topic and read through them. You'll get way more information that way.
2) You have to stop working immediately since you are now out of status in Canada. If reconsideration works and IRCC approves your PGWP, you'll get your status back and be able to start working again.
 

scylla

VIP Member
Jun 8, 2010
95,763
22,052
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
Thanks for your reply. I will definitely keep your suggestions in mind. I am aware of the fact that international students are only allowed to be part-time in their last semester, the reason I was part-time is because I had to drop the course mid-semester due to a poor grade, which would've resulted in me going on to academic probation, which would mean I would not be allowed to enrol for courses for two semesters at my university. I have also recently figured out that I extended my study permit successfully twice after the semester where I finished as a part-time student, and in the newly-issued permits under the remarks section, it was stated 'maintained temporary resident status as per R183(6). I am considering writing a new letter of explanation to send along with the request for reconsideration; is this a worthwhile argument to pursue? Looking forward to hearing from you, thanks
I don't know and can't comment on that. You may be best off getting help from a lawyer if you're not feeling certain what arguments to use in the reconsideration. Good luck.
 

Student0913

Full Member
Dec 12, 2022
27
2
Hi Any update?
I am facing the pgwp refusal as well due to missing transcripts. I reappled with restoration and reconsideration as well.
Can you shsre your timeline please.