Post Graduation Work Permit rejected! Please advise

[caballo_rider]

Hi,

I've just totally discovered this forum after frantically googling about my situation and found out that some people have the same situation as me, but there was no satisfactory answer so here it goes again:

I applied for my PGWP on May 6th, the day that I received my final transcript. My convocation ceremony was held on May 28th. I kept re-checking MyCIC every other week or so during this time, but since the webpage keeps kicking me out every time I even tried to log in using GCKey (you know what I'm talking about!), I started using this "official" website from CIC (cic.gc.ca/english/information/times/index.asp) to keep track of my application timeline. The last time I successfully logged in to MyCIC was around August 14th. On August 21st, they sent me the request for the $100 holder fee, which I didn't know about. The email correspondences for some reason went straight into my Gmail spam folder, so I didn't even think to check. Anyway, I logged in to MyCIC tonight (Sept 14th) because the website above indicates now is when my application is being processed. I found the fee request letter, which said I only had 7 days to submit the payment. On September 2, a decision was reached for my application, which again I was not aware of. This is totally my fault for not trying to log in to MyCIC religiously.

I submitted a case specific emergency situation to CIC with the attached receipt for that $100 that I promptly made. I will call them early in the morning to see what they can do about it. Is there anybody who is in the same situation as me? Is there anything I can do to reverse this situation The 90-day deadline has passed long before I even got that request from MyCIC so reapplying is not an option. From my research, restoration process takes 4 months but I already graduated so can I do that? If I have to apply for a regular work permit without a job offer, is it as straightforward as the PGWP. Regardless it seems that if my application is not reconsidered, I will practically waste another 8 months or so without a job It's bad enough to think about that I'm considering hiring a lawyer, but what is the chance of success if you hire a immigration lawyer?

 

[scylla]

You did the right thing by submitting a case specific inquiry and asking them to reopen your application. I'm not sure the call centre will be able to help you since they typically don't have access to specific files.

I don't think a lawyer can really help you either and will just end up costing you money. You've done all of the right things to give yourself the highest chance of CIC reconsidering your application. A lawyer might suggest an appeal. But appeals only work if CIC is the one who made the mistake. In this case the mistake was unfortunately yours. So I think an appeal would be a waste of money.

Restoring your status won't help since (as you've said) you completed your studies more than 90 days ago. So there's no point doing that.

Hopefully they will reopen your file. Good luck.

 

[caballo_rider]

Thank you for your advice.

Another thing I'm concerned with is that my student permit and visa had both expired on July 31, 2015, so right now I'm supposed to be in implied status, allowing me to remain in Canada. But since the refusal decision was made and I'm waiting for a hopeful reopening, will I be expecting any letter asking me to leave the country? Is it possible to obtain a TRV purely as a visitor if I have friends and family here willing to write the invite letter to CIC?

 

[scylla]

Thank you for your advice.

Another thing I'm concerned with is that my student permit and visa had both expired on July 31, 2015, so right now I'm supposed to be in implied status, allowing me to remain in Canada. But since the refusal decision was made and I'm waiting for a hopeful reopening, will I be expecting any letter asking me to leave the country? Is it possible to obtain a TRV purely as a visitor if I have friends and family here willing to write the invite letter to CIC?

If CIC refuses to reopen your PGWP application - then you will have to apply for restoration in order to remain in Canada along with applying for a TRV. As of now you are no longer on implied status since your application has been refused (you are out of status in Canada). Hopefully you have stopped working.

 

[caballo_rider]

I'm reviving a dead post here, but that is because it takes CIC 60 days to reply to my messages...

Anyway, I realized that I was mistaken about my application being denied in September 2015; it actually was "open" at the time and all they wanted was the $100 in addition to the original fee. I promptly submitted the additional fee through MyCIC as well as emailing them through the Case Specific Inquiry. To be extra sure, I went to a lawyer who advised me that I did the right thing and the only thing I could do was to wait for a reply.

Fast forward 2 months and an unanswered inquiry about the status of my case, I finally received the official refusal letter from CIC. At first, I thought it was because of the mere $100 that I didn't pay on time, but as I read on, I am not convinced by the reasons why my application were refused.

1) The officer stated my application "was not mailed within the prescribed period of time [for the PGWP time frame, which is 90 days of issuance of notification that I have successfully completed all the requirements for my courses]". But I have proof that my application was submitted within 1 day of me receiving the final transcript from my university.

2) They stated that I am not "a person whose employment will create or maintain significant employment, benefits or opportunities for Canadian citizens and PR". I'm just stumped! As an engineering student, I worked 3 different co-op terms and duly paid my taxes. Other international student friends of mine all got theirs within a reasonable amount of wait time (but, still a long time imo) and they were also engineers. What is the difference between their cases and mine, if any? In any case, I don't buy that at the least.

3) I submitted an address change way back in July, but the letter was still addressed to my old address. Goes to show that they don't give a shit about what I tried to notify them through the Case Specific Inquiry.

I'm devastated at this point, especially since I have a good chance of getting hired by my dream company. But with this refused WP, I might not get another chance with them for a long time. Going to a lawyer first chance I get and hopefully they will be able to rectify my situation.

 

[xxxxiao]

Hi, the same problem just happened to me. So how did you solve your question? Please advise me!! I'm really despaired right now!! :'( :'( :'( :'( :'(

 

[scylla]

I don't think the OP has been able to solve this problem yet.

 

[caballo_rider]

Thought I should update anybody in the same situation as me on the issue:

So after talking to my lawyer right away after the rejection letter, he agreed that the rejection reasons were complete nonsense and that he should be able to rectify that. Turns out the problem was I used my end-of-term grade summary that UBC gave out, but for the CIC, it didn't really indicate that my program was finished (well, UBC I-house did advise us to use the unofficial transcript as soon as the grades are out so...).

I then got a request from CIC to update my documents, and I did with the official letter of completion. I also sent my lawyer the document as well. The day after, my work permit was approved!

So moral of the story:
_ DO NOT use your end-of-term, unofficial transcript as proof of program completion. Wait for the actual letter of completion from your institute instead. I follow UBC I-house advice and wasted 6 months of my life that I could've been able to do so much. Without the permit, you cannot apply for anything at all... I was without a proper driver licence and health insurance for a while (since I changed province)
_ Check to see if CIC changed their policy. As I have applied and got approved for a study permit just a year before, I didn't think twice to check with their policy and got duped by the fee change. To be fair, their system was also broken and the new fee wasn't indicated in MyCIC. But remember, if you screw up, you are screwed and if they screw up, you are also screwed.

Good luck to anybody with the same issue.

 

[joanna2016]

Hello caballo,

We are in a similar situation with rejection and appeal.

Could you please provide more details on what happened in your case and what were the steps you took!

Thanks,

 

[kmi85]

So how did everthing go?

 

[caballo_rider]

So how did everthing go?

I got my Work Permit in the end but I felt like CIC really messed it up big time. My work permit was approved in December 2015 and I've lost opportunities because of that :/ And it is only valid until July 2018!

Meanwhile, my friend who applied the same time as me, got hers in September 2015 and it expires in September 2018, a whole 3 years!

Either way, I'm happy to be working

 

[Sivan07]

I got my Work Permit in the end but I felt like CIC really messed it up big time. My work permit was approved in December 2015 and I've lost opportunities because of that :/ And it is only valid until July 2018!

Meanwhile, my friend who applied the same time as me, got hers in September 2015 and it expires in September 2018, a whole 3 years!

Either way, I'm happy to be working

Hey,

I completed a 4 year engineering degree. My study permit and trv expired on the 30th of July 2019. I applied for a pgwp on the 20th of June 2019, and it was refused because I couldn't upload my transcript before the deadline CIC gave me. And in the refusal arrived on the 23rd of October 2019, it said that I have lost all my status on that day and that i have 90days to apply for restoration. But I called CIC on the same day to get advice on the whole process so I could proceed carefully moving forward. I explained my case to this AGENT and she told me since the letter says that I lose all my status on the 23rd of October, I could submit another application before end of day with the correct documents and if I do that I dont have to deal with restoration or anything. So I took her advice and submitted another application on the 23rd of October as well. But yesterday I received the second refusal and the reason for refusal is that I did not have a temporary resident permit when I applied (second time) for a pgwp. And this time in the refusal letter it says that I have lost my chance to apply for restoration as well. But it doesnt say that I have to leave the country or any sort. What are my options now? Should I leave the country and apply from back home? It will be great if someone could guide me in the correct direction. So far, I have talked to an immigration lawyer and have an appointment at the MP office to submit an enquiry.

 

[canuck_in_uk]

Hey,

I completed a 4 year engineering degree. My study permit and trv expired on the 30th of July 2019. I applied for a pgwp on the 20th of June 2019, and it was refused because I couldn't upload my transcript before the deadline CIC gave me. And in the refusal arrived on the 23rd of October 2019, it said that I have lost all my status on that day and that i have 90days to apply for restoration. But I called CIC on the same day to get advice on the whole process so I could proceed carefully moving forward. I explained my case to this AGENT and she told me since the letter says that I lose all my status on the 23rd of October, I could submit another application before end of day with the correct documents and if I do that I dont have to deal with restoration or anything. So I took her advice and submitted another application on the 23rd of October as well. But yesterday I received the second refusal and the reason for refusal is that I did not have a temporary resident permit when I applied (second time) for a pgwp. And this time in the refusal letter it says that I have lost my chance to apply for restoration as well. But it doesnt say that I have to leave the country or any sort. What are my options now? Should I leave the country and apply from back home? It will be great if someone could guide me in the correct direction. So far, I have talked to an immigration lawyer and have an appointment at the MP office to submit an enquiry.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/pgwp-refused-for-the-second-time-and-refusal-letter-says-i-have-lost-my-chance-to-apply-for-restore.674981/