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Koltadams

Newbie
Sep 6, 2020
4
0
Hi,

I am looking for some advice on this unique situation. I had applied for PGWP in May but had to travel to India cause of a death in family. The PGWP delay and Canadian travel requirements have forced me into remote work internationally at the moment.

- Can I use this work as a Canadian work experience since I am still paying Canadian taxes, have a SIN, and am legally allowed to work while my PGWP is processing even when I return to the country?https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1309&top=15

- If not, the Canadian govt has made several exemptions for COVID 19 such as students are allowed to study remotely, letting people apply for work permits in Canada. How do I approach someone to ask for this exemption since it's Canadian govt delays in PGWP and visa processing which have landed me in this situation?

Thanks,
Kolt
 
I do understand that. How do I ask for an exception since it is an exception and they are changing laws. I might not be able to apply for PR and lose my whole life I have built in Canada because of this.
 
Understood. This might destroy my chances of getting a Canadian PR completely. I have paid more than 100k tuition and haven't done a thing wrong.

There has to be someone I can reach out to.

There are multiple things they can do

- Get me out of India to Canada sooner by letting me apply for a TRV while my PGWP is under process. (Right now processing time is 184 days for PGWP and then 140 days for TRV- Making it a total of 324 days)
- Count the experience as Canadian experience.

after paying more than 100k of tuition and Canadian taxes, I am expecting some help from them,
 
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I do understand that. How do I ask for an exception since it is an exception and they are changing laws. I might not be able to apply for PR and lose my whole life I have built in Canada because of this.
You are allowed to work full-time while waiting for a decision on your PGWP as long as certain conditions are met:

"Students who have completed their program of study are allowed to work (under paragraph 186(w) of the Immigration and Refugee Protection Regulations [IRPR]) while they are waiting for a decision on their post-graduation work permit application, provided they meet all of the following criteria:

  • they are or were holders of a valid study permit at the time of the post-graduation work permit application
  • they were a full-time student enrolled at a DLI in a post-secondary academic, vocational or professional training program
  • they were authorized to work off-campus without a work permit
  • they did not exceed the allowable hours of work"
Regardless, for the most, this should only delay your plans. You will still have 3 years or so to earn Canadian work experience to then pursue the PR under CEC. Even if working overseas would be counted towards Canadian experience, you still don't have a qualifying work permit. This experience must be earned while holding a work permit, which you don't.

The clock will start ticking once your work permit is approved. You should also make sure to have a valid visa that will allow you to travel back when the time comes.

By this I mean, you should have changed your current address to outside of Canada so that a Visa is issued along with the permit. Otherwise, you will have to apply for that separately and this will only cause you further delays.
 
You are allowed to work full-time while waiting for a decision on your PGWP as long as certain conditions are met:

"Students who have completed their program of study are allowed to work (under paragraph 186(w) of the Immigration and Refugee Protection Regulations [IRPR]) while they are waiting for a decision on their post-graduation work permit application, provided they meet all of the following criteria:

  • they are or were holders of a valid study permit at the time of the post-graduation work permit application
  • they were a full-time student enrolled at a DLI in a post-secondary academic, vocational or professional training program
  • they were authorized to work off-campus without a work permit
  • they did not exceed the allowable hours of work"
Regardless, for the most, this should only delay your plans. You will still have 3 years or so to earn Canadian work experience to then pursue the PR under CEC. Even if working overseas would be counted towards Canadian experience, you still don't have a qualifying work permit. This experience must be earned while holding a work permit, which you don't.

The clock will start ticking once your work permit is approved. You should also make sure to have a valid visa that will allow you to travel back when the time comes.

By this I mean, you should have changed your current address to outside of Canada so that a Visa is issued along with the permit. Otherwise, you will have to apply for that separately and this will only cause you further delays.
This is wrong, we can start working after applying for PGWP, and it is counted in CEC. But, I am not sure, if working outside of canada, before PGWP, will be counted in CEC, or if it is even legal
 
You can always work outside of Canada in any country you're legally allowed to work in. But you have to be in Canada to count any work experience as Canadian work experience. Work experience gained while under implied status in Canada can be counted.
 
You are allowed to work full-time while waiting for a decision on your PGWP as long as certain conditions are met:

"Students who have completed their program of study are allowed to work (under paragraph 186(w) of the Immigration and Refugee Protection Regulations [IRPR]) while they are waiting for a decision on their post-graduation work permit application, provided they meet all of the following criteria:

  • they are or were holders of a valid study permit at the time of the post-graduation work permit application
  • they were a full-time student enrolled at a DLI in a post-secondary academic, vocational or professional training program
  • they were authorized to work off-campus without a work permit
  • they did not exceed the allowable hours of work"
Regardless, for the most, this should only delay your plans. You will still have 3 years or so to earn Canadian work experience to then pursue the PR under CEC. Even if working overseas would be counted towards Canadian experience, you still don't have a qualifying work permit. This experience must be earned while holding a work permit, which you don't.

The clock will start ticking once your work permit is approved. You should also make sure to have a valid visa that will allow you to travel back when the time comes.

By this I mean, you should have changed your current address to outside of Canada so that a Visa is issued along with the permit. Otherwise, you will have to apply for that separately and this will only cause you further delays.

I had a year buffer in terms of age but that year seems to being used in this forced remote work. It is 323 days of processing time if all goes well! Canadian govt has first time made an exception for international students to study remotely and get a PGWP. Isn't this an extension of the same problem?