Rejected PGWP application

[John.27]

Hello everyone,

Let me briefly describe my situation regarding to PGWP. I have recently applied for my PGWP after my one year program. My application was rejected as, according to the Letter of Rejection, I was not attending eligible post-secondary education institution. Well.. as I talk to some lawyers the definition of eligible post secondary education institutions stated at cic.gc.ca is very unclear.

The thing that really bothers me is that other graduates - my classmates are getting their PGWP applications approved. Some for two years, some for three years, all after taking the same program as me – one year. Not to mention objectively according to the transcript I had better total GPA than most of them.

So out of, let´s say 6 graduates, I was the only graduate who got PGWP application denied.

Therefore I would like to kindly ask you for an advice, what my next steps should be. I have already met two immigratiion consultants, who did not help me much saying that I should deal with it and accept the rejection. They did not clearly tell me to do this first, than do this…The thing I was told was that my options are either appeal or reapply however my study permit already expired.

I feel very determined to take further steps to solve this out. Along with that I naturally feel very confused as I find this an unclear situation, unfair decision and an injustice.

Thank you all for any help.

 

[Bs65]

For anyone to comment you need to share which insititution you attended , the course , confirm was full time and if therecwere any other reason for rejection. Not sure how your classmates would have got 2 or 3 years on the back of a one year course assuning was the only course they attended.

 

[jack_is_jack]

For anyone to comment you need to share which insititution you attended , the course , confirm was full time and if therecwere any other reason for rejection. Not sure how your classmates would have got 2 or 3 years on the back of a one year course assuning was the only course they attended.

That happens and depends only on officer mood
My friend got PGWP till the end of the passport 3.5 years, after 1 year program in some college in London, ON.

 

[scylla]

Was it a private institution?

 

[John.27]

Yes I was full time student in one year program in the private institution. There were no other reasons for rejection. What I find unfair and hard to understand is how come the reason for rejecting my application did not apply in other graduates applications.

I have realized it is often said that decisions regarding to Work Permits depends in many cases on officer´s mood, which is just hard to believe. I can not accept such an explanation.

 

[Gregor.Samsa]

I think you can apply somehow for reconsideration, but I don't know how to do it.

You can file and judicial appeal, it's more complicated but, as per same comments in this forum, a lawyer is not compulsory

Try to get more documents, write a well explaining letter and ask for reconsideration

Call CIC or use CASE:
https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx

 

[John.27]

Hello everyone,

I am back here to give an update regarding to my PGWP application. This is pretty complex case showing that visa approval process does not work well not in the least. To keep the whole story more organized and clear I will be using bullet points for pointing out main facts:
1) So as I have stated in the previous posts above my original PGWP application was rejected due to the reason that my school was not eligible (I was studying in a private college in BC).

2) The thing is, that all of my other classmates got their PGWP application approved. So I have asked a lawyer for a help.

3) A lawyer told me the following: she advised me to apply for Visitor status to maintain my legal status in Canada, which I did. So I have paid a fee I believe $200 and submitted my Visitor visa application.

4) Than my lawyer advised me to as soon as I submit my Visitor visa application I should submit another PGWP application, within which I would apply for reconsideration of the original one. So I paid application fee ( I believe $255) again and submitted new PGWP application where I have asked how come my original PGWP was rejected while applications of all my classmates were approved. I have also enclosed clear Explanation letter with all my main and very valid points why I believed that there has been an error made regarding to my original PGWP application and that I believed I was, like my classmates, fully eligible for PGWP application.

5) In the meantime, as I was without a valid work permit and could not afford to stay in BC without working any longer, I have left back home to Europe, where I have been waiting for a decision regarding to my second PGWP application.

6) However, what happened was that even this second PGWP application was rejected, this time due to a different reason than the original one. As was stated in a Letter of Rejection, this application was refused due to the fact that I, as a Visitor visa applicant (or future Visitor visa holder if you like) could not apply for a PGWP visa within Canada. I should have submitted my PGWP application from outside of Canada at a Canadian Visa office in another country. By the time of my first PGWP application there was not this issue as I was still holding my Study permit, however by the time of my Second PGWP application my Study permit expired and I was just on my visitor visa.

7) Obviously, this has been a big mistake of my expensive lawyer, who advised me to submit new PGWP application within which I would ask for reconsideration of the original one. She should have known that as a Visitor I was not eligible to apply for PGWP visa from within Canada. Yet she recommended me to do so.

8)Anyway, what was the worst in this whole situation was that I have not been given any valid explanation regarding to my Letter of Explanation, where I have stated my main points , that made me believe that I was eligible for PGWP visa. No explanation regarding to my points at all. My second PGWP application was simply refused right away due to the fact, that I have submitted it within Canada, which I should not have as a Visitor.

9) So, having both PGWP applications rejected, I had not too many options left. What I did I went online and again, based on an advise from my lawyer, I have submitted an official Request for reconsideration of my original PWGP via Web Form at CIC.ca. What I was hoping for was that they will finally react to my Letter of explanation and to my main points stated in this Letter of Explanation asking how come mine original PGWP application was rejected while all PGWP applications of my classmates were approved.

10) After three weeks I have received an answer to my email box saying that mine second PGWP application was rejected due to the fact that I, as a visitor, have submitted my PGWP application from within Canada. They basically repeated what I have already knew that I should have submitted my application from outside of Canada to one of Canadian Visa offices in another country. So again, I was not wiser after this not one bit, no help at all.

11) So they did not explain me why my original application was refused, what I was hoping for. I still don’t understand how come all other classmates received their PGWP visa while mine application was refused and even worse I don’t really know what my next step should be now.

IF I have been granted my PGWP visa at the first place (which I believe I was eligible for) there would not have been any second PGWP application nor request for reconsideration via Web form and naturally there would not have been all this hassle.
That is basically all. I would like to ask anybody who is more experienced it his matter for recommendation how I shall proceed with this case, simply if there is anything I can do.

All my classmates are enjoying their PGWP visa but I had to leave Canada. I believe an error has been made in my case but no officer from CIC is able or willing to fully respond to my points in a Letter of Explanation based on which I was, in my opinion, entirely eligible for PGWP.

Thanks you all very much for any help!

PS: I am sorry for the length of a post but as you can see, this is quite complicated and complex case with many details.

 

[Gregor.Samsa]

Hey John

You could apply for GSCM notes for your first application, it's basically the internal notes of CIC, perhaps it could help to clarify the issue and prepare a new reconsideration or claim

http://www.cic.gc.ca/english/department/atip/requests-atip.asp

OR

http://www.cic.gc.ca/english/department/atip/requests-personal.asp


Note you can request electronic notes (kind of electronic file with codes) or.hardcopy (slower because they scan all the available docs)

If you're outside Canada there are.companies than van apply for it in your behalf (look for the cheaper one)


http://www.visafile.info

https://gcmsnotes.ca