Post graduate work permit after 180d of study permit expiration

[changgong123]

Hi, I wonder if anyone can offer some experiences on this issue.

I graduated from a Canadian school in June (now it's end of Sep), so I'm still in the 180d period for a post-graduation work permit application. However, I discovered on CIG website that
"You have 180 days after your school issues your final marks to apply for a post-graduation work permit (PGWP).
However, to be eligible, your study permit must have been valid within 180 days preceding your PGWP application."

I didn't know such a requirement on study permit. My study permit expired in Feb, so now it's one month over the 180d period. I left Canada before the Feb, in another word, I didn't over-stay my study permit. I planned to go back in Apr or May for defense and get a study permit at the port of entry. Obviously, the school was shut down due to COVID and I didn't make the trip. I ended up defend online and graduated in June.

From the GIC website, it seems that I won't be qualified for a PGWP. Still, I just want to hear any experience on this. I also kinda hope if I show up at the border (I have job offer from Canada lined up) to apply for a PGWP, they might give me an exemption because of the COVID. Or should I just apply online with an letter of explanation? Also, I wonder if I apply and pay it online first, then if I get to the border, would the immigration officer at the border be able to finish my online application on site?

I appreciate any suggestions or comments. Thanks.

 

[Impatient Dankaroo]

Why did your study permit end on February? When were you last day of classes? You may have even been studying without status which is a red flag. You should have applied for study permit extension until you received your graduation letter. Then apply for PGWP. I think you are out of status and do not qualify for restoration. Would advise you speak to a lawyer asap.

 

[Impatient Dankaroo]

Applying for a post-graduation work permit from outside Canada
If you graduated from a Canadian post-secondary institution and are applying for a post-graduation work permit from outside Canada, you must indicate this on your Application form for a work permit made from outside Canada (IMM 1295):
In the section “Details of intended work in Canada”:

• Question 1: Choose “Open Work Permit”
• Question 2a (Name of employer): Write “Post Graduate Work Permit”

You have up to 180 days after you receive confirmation from your school that you have completed your study program to apply for a work permit. This confirmation could be a degree, diploma, transcript or official letter from your school.
Make sure you submit proof that you have completed all the requirements of your program of study (final transcript and a letter from the institution or formal notice of graduation).
Note: To be eligible, your study permit must have been valid at some point during these 180 days.

 

[changgong123]

Why did your study permit end on February? When were you last day of classes? You may have even been studying without status which is a red flag. You should have applied for study permit extension until you received your graduation letter. Then apply for PGWP. I think you are out of status and do not qualify for restoration. Would advise you speak to a lawyer asap.

Thanks for the reply. I left Canada before the expiration of my study permit (Feb). I'm in a graduate program, and the final stage is basically fixing thesis and defense. I did all these remotely outside Canada. Also, I will be applying PGWP from outside Canada, so I hope the "out-of-status" won't be an issue.

I agree, I should have extended my study permit in Feb. I planned to do that at the port of entry on the way back to Canada, but the whole plan was canceled due to COVID.

 

[changgong123]

Applying for a post-graduation work permit from outside Canada
If you graduated from a Canadian post-secondary institution and are applying for a post-graduation work permit from outside Canada, you must indicate this on your Application form for a work permit made from outside Canada (IMM 1295):
In the section “Details of intended work in Canada”:

• Question 1: Choose “Open Work Permit”
• Question 2a (Name of employer): Write “Post Graduate Work Permit”

You have up to 180 days after you receive confirmation from your school that you have completed your study program to apply for a work permit. This confirmation could be a degree, diploma, transcript or official letter from your school.
Make sure you submit proof that you have completed all the requirements of your program of study (final transcript and a letter from the institution or formal notice of graduation).
Note: To be eligible, your study permit must have been valid at some point during these 180 days.

Exactly! The "Note" section really screws me up.

 

[primaprime]

Your deadline to apply for a PGWP is essentially 180 days after your date of program completion, or 180 days from the expiry of your study permit, whichever comes first.

 

[changgong123]

Your deadline to apply for a PGWP is essentially 180 days after your date of program completion, or 180 days from the expiry of your study permit, whichever comes first.

Thanks. I wish the GIC website writes it exactly like yours. Obviously, I didn't notice the later part. Do you think I'll have a chance if I still apply it with an letter of explanation, calling COVID-19?

 

[primaprime]

Thanks. I wish the GIC website writes it exactly like yours. Obviously, I didn't notice the later part. Do you think I'll have a chance if I still apply it with an letter of explanation, calling COVID-19?

You're free to pay the application fee and apologize for making an honest mistake and not understanding the rules around study permit expiry, but officially you're ineligible. This is the sort of thing a lawyer can help with, but again that's more money and a good lawyer will tell you themselves that you're past your deadline.

 

[changgong123]

You're free to pay the application fee and apologize for making an honest mistake and not understanding the rules around study permit expiry, but officially you're ineligible. This is the sort of thing a lawyer can help with, but again that's more money and a good lawyer will tell you themselves that you're past your deadline.

Thank you so much! By any chance, do you know that if I drive to the border (US to Canada) after submitting an application online, is it possible the officer at the border can finalize the pending application?

 

[primaprime]

Thank you so much! By any chance, do you know that if I drive to the border (US to Canada) after sending an application online, is it possible the officer at the border can finalize the pending application?

https://www.cbsa-asfc.gc.ca/travel-voyage/settle-setablir-eng.html

I would advise not to try this.

 

[bongoman]

Yeah its all up to the officer now, you should have extended the SP even though you were not in Canada. Explain it as best you can and hope for the best, border seems like a bad idea with Covid.