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A potential client reached out to me, stating that her Post-Graduation Work Permit (PGWP) application was refused last weekend. She had applied through a consultant, who submitted her application on the 91st day after she received her completion letter. Additionally, she had studied part-time for two semesters.
The decision letter says: “Based on your application and accompanying documentation that you have provided, I have
carefully considered all information and I am not satisfied that you meet the requirements of the
Immigration and Refugee Protection Act and Regulations. Your application as requested is
therefore refused.
An application for restoration must be made within 90 days after loss of temporary resident
status. You are not eligible for restoration of your temporary resident status because your
application was submitted after the regulated 90-day period. Since you no longer hold
temporary resident status in Canada your application for a post-graduation work permit is
also refused.
Foreign students in Canada are eligible for a work permit for post-graduation employment only if
they have maintained full time student status in Canada during each academic session of the
program or programs and have completed a program of study that is at least eight months in
duration at a:
• University, community college, CEGEP,
• publicly funded trade/technical school or
• private institution authorized by provincial statute to confer degrees
As you do not meet this requirement, it has been determined that you are not eligible for a work
permit in this category.
You are a person in Canada without legal status and as such are required to leave Canada
immediately. If you do not leave Canada voluntarily, enforcement action may be taken against
you.”
Given this situation, I am wondering if there are any possible options or remedies available for her. Would an appeal, reconsideration request, or another type of application be viable in her case?
Thank you for your insights.Hi Jiaxin,
Given the circumstances, your client’s best course of action is to leave Canada. However, they may consider applying for a Temporary Resident Permit (TRP) if there are sufficient reasons to justify their stay and overcome their inadmissibility.
To determine whether they qualify for a TRP, you’ll need to assess whether their situation presents compelling reasons for remaining in Canada. For guidance on eligibility and application strategies, I recommend reviewing the session I delivered yesterday on TRPs.
Let me know if you need further insights.
Best,
AlThank you Al. I understand that the best approach for her to leave Canada immediately. However, She is unable to book a flight and leave within a week because she has a lot of personal belongings in Toronto. Would it be acceptable for her to leave within a month? Does she need to notify CBSA when leaving? Will she have any issues for future re-entry?
As for the TRP option, thank you so much for the information. I will review the session as soon as possible today. May I ask if you could do co-counseling if the client is eligible for a TRP?
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