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PGWP with 2-year break

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Notveryskilled

Newbie
Jun 21, 2021
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Hi good evening. I just graduated from my diploma program. It was quite a bumpy ride for me financially so I completed the 2 year program over 4 years. My first break was due to financial reasons and the second break came due to my study permit extension getting refused and by the time it went through my faculty refused to let me back in classes.
During my stay in Canada I met my now wife who is a Canadian citizen and we applied for sponsorship application and open work permit recently.
I also have two incredible job offers from my own field, one being from the company I did my work term for.
During my breaks I made sure not to work. And during my stay in Canada and going to school I never worked more than part-time.
I'm scared to apply for a PGWP because of my history. Should I just go for it? I don't want to lose a job opportunity this incredible. Any help/guidance/encouragement will be appreciated.
Thanks.
 
Notveryskilled said:
Hi good evening. I just graduated from my diploma program. It was quite a bumpy ride for me financially so I completed the 2 year program over 4 years. My first break was due to financial reasons and the second break came due to my study permit extension getting refused and by the time it went through my faculty refused to let me back in classes.
During my stay in Canada I met my now wife who is a Canadian citizen and we applied for sponsorship application and open work permit recently.
I also have two incredible job offers from my own field, one being from the company I did my work term for.
I'm scared to apply for a PGWP because of my history. Should I just go for it? I don't want to lose a job opportunity this incredible. Any help/guidance/encouragement will be appreciated.
Thanks.
Click to expand...

There no harm in applying for the PGWP - however an extremely high chance the PGWP will be refused since your studies were not continuous.

When did you submit the OWP + sponsorship application?
 
Notveryskilled said:
We submitted the application last month
Click to expand...

I see. OWPs seem to be taking 8+ months right now.

You can apply for the PGWP and you can technically start working full time for your employer as soon as you submit the PGWP application. The complexity here is that if the PGWP is refused (which it most likely will be), you'll have to stop working immediately and wait for the OWP related to your spousal sponsorship to be approved. That's a bit messy. You don't know how long it will take IRCC to process the PGWP (could be fast or could be slow). And you don't know how much time there would potentially be between the time your PGWP is refused and you have to stop working an your OWP is approved. Do you have a close enough relationship with your employer that they would be willing to put up with this (i.e. you stopping working for an indefinite amount of time and with only one day notice) and it won't harm your brand? If the answer to that question is no, then I think you have to consider carefully if you start working with your PGWP application or wait until you either have the OWP approved or by some miracle the PGWP is approved. That's your situation in a nutshell.
 
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scylla said:
I see. OWPs seem to be taking 8+ months right now.

You can apply for the PGWP and you can technically start working full time for your employer as soon as you submit the PGWP application. The complexity here is that if the PGWP is refused (which it most likely will be), you'll have to stop working immediately and wait for the OWP related to your spousal sponsorship to be approved. That's a bit messy. You don't know how long it will take IRCC to process the PGWP (could be fast or could be slow). And you don't know how much time there would potentially be between the time your PGWP is refused and you have to stop working an your OWP is approved. Do you have a close enough relationship with your employer that they would be willing to put up with this (i.e. you stopping working for an indefinite amount of time and with only one day notice) and it won't harm your brand? If the answer to that question is no, then I think you have to consider carefully if you start working with your PGWP application or wait until you either have the OWP approved or by some miracle the PGWP is approved. That's your situation in a nutshell.
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high chance of pgwp is being refused. he won't meet the eligibility criteria. best to wait for his spousal sponsorship.


Eligibility criteria

You have 180 days after you get your final marks to apply for a post-graduation work permit (PGWP).


To be eligible, your study permit must have been valid at some point during these 180 days.


Don’t let your status expire while you wait for your marks


If your study permit will expire before you get your marks, you have 2 options. You can



If you stay in Canada and let your permit expire, you must apply to restore your status as a student to apply for your PGWP. To restore your status, you must pay additional fees.


You can apply for a PGWP if:


  • your study permit is still valid
  • you have a valid visitor record
  • you submitted an application to extend your study permit before it expired and no decision has been made on your application
  • you submitted an application to change your status to visitor before your study permit expired and no decision has been made on your application

You must also have


  • completed a study program
    • at a designated learning institution
    • that was at least 8 months long and
    • that led to a degree, diploma or certificate
  • maintained full-timestatus as a student in Canada during each semester of your study program
    • this doesn’t include your final semester, which can be part-time, or if you took an approved leave from your studies
  • graduated from one of the following:
    • a public post-secondary school, such as a college, trade/technical school, university or CEGEP (in Quebec)
    • a private post-secondary school (in Quebec) that operates under the same rules as public schools in Quebec
    • a private secondary or post-secondary school (in Quebec) that offers qualifying programs of 900 hours or longer, that leads to a diplôme d’études professionnelles (DEP) or an attestation de spécialisation professionnelle(ASP)
      • an ASP can be less than 900 hours if it’s combined with a DEP
    • a Canadian private school that can award degrees under provincial law (for example, Associate, Bachelor’s, Master’s or Doctorate degree), but only if you’re enrolled in a study program that leads to a degree as authorized by the province
 
You may not be eligible for a PGWP if


  • you take an unauthorized leave from your study program and
  • we find you didn’t meet the conditions of your study permit by taking this leave

There are a few cases where you may be able to take an authorized leave of up to 150 days from your study program and still meet the conditions of your study permit. If your leave is authorized, you may still be eligible for a PGWP
 
fritchou said:
You may not be eligible for a PGWP if


  • you take an unauthorized leave from your study program and
  • we find you didn’t meet the conditions of your study permit by taking this leave

There are a few cases where you may be able to take an authorized leave of up to 150 days from your study program and still meet the conditions of your study permit. If your leave is authorized, you may still be eligible for a PGWP
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My first leave was not authorized. My family simply just could not afford to send me to school that year.
The second semester I missed, i have a legitimate reason for it. My faculty can also back me up on why i missed that semester. And during winter 2020 I could only take 1 course as I did not have pre requisites from the fall semester.
 
scylla said:
I see. OWPs seem to be taking 8+ months right now.

You can apply for the PGWP and you can technically start working full time for your employer as soon as you submit the PGWP application. The complexity here is that if the PGWP is refused (which it most likely will be), you'll have to stop working immediately and wait for the OWP related to your spousal sponsorship to be approved. That's a bit messy. You don't know how long it will take IRCC to process the PGWP (could be fast or could be slow). And you don't know how much time there would potentially be between the time your PGWP is refused and you have to stop working an your OWP is approved. Do you have a close enough relationship with your employer that they would be willing to put up with this (i.e. you stopping working for an indefinite amount of time and with only one day notice) and it won't harm your brand? If the answer to that question is no, then I think you have to consider carefully if you start working with your PGWP application or wait until you either have the OWP approved or by some miracle the PGWP is approved. That's your situation in a nutshell.
Click to expand...
I have informed my employer that there is a chance of my PGWP being refused. They interviewed me and liked me a lot for the job and are willing to take the risk. They also said I can attach their job offer along with the application and are willing to provide whatever supporting documents I might need.
 
Notveryskilled said:
I have informed my employer that there is a chance of my PGWP being refused. They interviewed me and liked me a lot for the job and are willing to take the risk. They also said I can attach their job offer along with the application and are willing to provide whatever supporting documents I might need.
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If they are willing to take the risk - then I don't see a downside. You'll just have to stop working immediately if / when the PGWP is refused.

There are no documents for them to provide that will help with the PGWP approval. The PGWP approval is entirely based on your studies and whether you meet these requirements.
 
scylla said:
If they are willing to take the risk - then I don't see a downside. You'll just have to stop working immediately if / when the PGWP is refused.

There are no documents for them to provide that will help with the PGWP approval. The PGWP approval is entirely based on your studies and whether you meet these requirements.
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if the employer is very cooperative why they don't help PA getting work permit. i think that maybe a good route
 
fritchou said:
if the employer is very cooperative why they don't help PA getting work permit. i think that maybe a good route
Click to expand...

Sure - that's an option if the employer is willing to wait and go through the LMIA process.
 
scylla said:
If they are willing to take the risk - then I don't see a downside. You'll just have to stop working immediately if / when the PGWP is refused.

There are no documents for them to provide that will help with the PGWP approval. The PGWP approval is entirely based on your studies and whether you meet these requirements.
Click to expand...
Thank you!
I think I am going to apply. Should i add a document explaining my situation? Can I also mention I am waiting on a PR application approval?
 
scylla said:
Sure - that's an option if the employer is willing to wait and go through the LMIA process.
Click to expand...
What is LMIA process? And I can consult with my employer for sure. They interviewed over 20 people and selected me for the position. I know they will be trying to help me as much as possible.
 
Notveryskilled said:
What is LMIA process? And I can consult with my employer for sure. They interviewed over 20 people and selected me for the position. I know they will be trying to help me as much as possible.
Click to expand...

Read hear to find out what the LMIA process involves. Almost certainly, the advertising your employer did has not met the LMIA advertising requriements which means they would need to start by advertising your job again (per the LMIA requirements) for 30 days before they can even submit the LMIA application. Further details on what the process involves are in the link below.

https://www.canada.ca/en/employment...gn-workers/median-wage/high/requirements.html

If they can get an approved LMIA, you can then apply for a closed work permit tied specifically to that employer.
 
Notveryskilled said:
Thank you!
I think I am going to apply. Should i add a document explaining my situation? Can I also mention I am waiting on a PR application approval?
Click to expand...

The fact you are waiting for PR doesn't help you or make any different. The PGWP is based on your studies alone.

What you need to explain are your breaks in continuous studies. You need to provide evidence that one was authorized. And you need to explain the unauthorized one and support whatever you are saying with evidence.
 
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