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PGWP rejected! Says I am outside the 180 days period

SkyFall7

Newbie
Sep 19, 2021
2
3
Hello I require guidance

My PGWP application was filed on June 28 2021 along with a restoration of study permit it was rejected with the reason that I am outside the 180 days period

The visa officer is counting 180 days from December 22 which was the last date of my class/exam, my final grades were posted on February 17th and my degree & transcript were issued on 13th March.

Shouldn't the 180 days begin from February or March? Or am wrong & it starts counting from the last day of class itself

I am going to file a reconsideration web form first but ppl say those rarely get accepted.
Should I re-apply with a lawyer or should I apply for a judicial review in court what are my options?

P.s: the expiry date on study permit says 30th June 2021
 

Greeny786

Champion Member
Jul 12, 2021
1,352
290
Hello I require guidance

My PGWP application was filed on June 28 2021 along with a restoration of study permit it was rejected with the reason that I am outside the 180 days period

The visa officer is counting 180 days from December 22 which was the last date of my class/exam, my final grades were posted on February 17th and my degree & transcript were issued on 13th March.

Shouldn't the 180 days begin from February or March? Or am wrong & it starts counting from the last day of class itself

I am going to file a reconsideration web form first but ppl say those rarely get accepted.
Should I re-apply with a lawyer or should I apply for a judicial review in court what are my options?

P.s: the expiry date on study permit says 30th June 2021
its look like you delayed to submit but u should go for review. I had same experience in UK where my 2 study permits was rejected and then i did appeal and then judicial review but all rejected and finally i went court without any lawyer, all i did online from Pakistan and submitted my case in UK and finally i received visa. BUT QUESTION is it was uk and u want to do for canada, DO u know how to make judicial review? i need some knowledge about canadian judicial review ans appeals
 

amairena95

Hero Member
Apr 19, 2017
616
184
Hello I require guidance

My PGWP application was filed on June 28 2021 along with a restoration of study permit it was rejected with the reason that I am outside the 180 days period

The visa officer is counting 180 days from December 22 which was the last date of my class/exam, my final grades were posted on February 17th and my degree & transcript were issued on 13th March.

Shouldn't the 180 days begin from February or March? Or am wrong & it starts counting from the last day of class itself

I am going to file a reconsideration web form first but ppl say those rarely get accepted.
Should I re-apply with a lawyer or should I apply for a judicial review in court what are my options?

P.s: the expiry date on study permit says 30th June 2021
raise a webform asap and ask for a reconsideration - per ircc guidelines:

You have up to 180 days to apply for a PGWP after you get your
  • degree or diploma
  • transcript or
  • official letter from your school
The officer should be counting 180 days from February 17th at worst.

UNLESS -- The rules could have been different. Back in my day, you only had 90 days to apply for a pgwp -- not really sure when it changed to 180 days. you should double check.
 

shortybhavz

Star Member
Feb 1, 2020
61
3
Hello I require guidance

My PGWP application was filed on June 28 2021 along with a restoration of study permit it was rejected with the reason that I am outside the 180 days period

The visa officer is counting 180 days from December 22 which was the last date of my class/exam, my final grades were posted on February 17th and my degree & transcript were issued on 13th March.

Shouldn't the 180 days begin from February or March? Or am wrong & it starts counting from the last day of class itself

I am going to file a reconsideration web form first but ppl say those rarely get accepted.
Should I re-apply with a lawyer or should I apply for a judicial review in court what are my options?

P.s: the expiry date on study permit says 30th June 2021
Did you speak to a lawyer or raised a webform? I applied on the 180th day from the day I got my graduation letter. If they have rejected based on end of classes or something then I also will have to take some action.
 

SkyFall7

Newbie
Sep 19, 2021
2
3
Talked to a lawyer, he says the wording/counting of 180 days is vague. The lawyer has done judicial reviews (3-5 months) in court or sometimes just typed a reconsideration web form to the officer and solved the problem in weeks.
According to the lawyer the count should begin when you get your final marks which will be 1-2 month after your final exam/class for most colleges but before the degree is awarded. So my count should begin in February.

Furthermore even if the visa officer is correct somehow and the count begins in December, the Government has provided a covid-19 exemption for immigrants whose visa expired between January 2020 to May 2021. They get extra time till August 31st 2021

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/exemption.html