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Apply for PGWP with expired Study Permit

stavic07

Newbie
Jul 31, 2017
9
1
Asking for a friend since he does not have an account.

- Graduated on Oct 15th, 2021.

- Study Permit expired on Oct 31st, 2021.

- PGWP submission Nov 18th, 2021. (He was innocently dealing with a bunch of covid problems while waiting for school to provide graduation letter as well).

Fast forward until today, he received a rejection letter from CIC stating that his SP expired prior to he submitting the PGWP application and he needs to leave the country immediately.

I'm a bit confuse about the rejection case. I understand that he should have followed this "https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=508&top=15" to restore his study permit status (for me sounds more like cash grab really given you are no longer a student). However, given he did not do it then, can he do it now ?

- 2ndly, according to CIC :" You have 180 days after your school issues your final marks to apply for a post-graduation work permit. To be eligible for a PGWP, your study permit must have been valid at some point during these 180 days.". So he was still within the 180 days period, why would he need to restore his study permit ?

Some immigration website on the internet said now it has to go to federal court and my friend cannot fight the case by his own anymore. Is it true ? That sounds a bit hash if you ask me given if this was just mistake in submitting paperwork rather than actual eligibility.
 

Vinoth95

Star Member
Dec 2, 2019
64
22
I think as per the rules of IRCC one needs to have a valid study permit at the time of applying PGWP. In this case he should have applied for a study permit extension before applying for the work permit.
 

stavic07

Newbie
Jul 31, 2017
9
1
I think as per the rules of IRCC one needs to have a valid study permit at the time of applying PGWP. In this case he should have applied for a study permit extension before applying for the work permit.
Ideally that should have happened but did not. Just wondering if he can do it now as a correction step and re apply for PGWP
 

Flyfa

Star Member
Sep 27, 2021
130
6
Asking for a friend since he does not have an account.

- Graduated on Oct 15th, 2021.

- Study Permit expired on Oct 31st, 2021.

- PGWP submission Nov 18th, 2021. (He was innocently dealing with a bunch of covid problems while waiting for school to provide graduation letter as well).

Fast forward until today, he received a rejection letter from CIC stating that his SP expired prior to he submitting the PGWP application and he needs to leave the country immediately.

I'm a bit confuse about the rejection case. I understand that he should have followed this "https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=508&top=15" to restore his study permit status (for me sounds more like cash grab really given you are no longer a student). However, given he did not do it then, can he do it now ?

- 2ndly, according to CIC :" You have 180 days after your school issues your final marks to apply for a post-graduation work permit. To be eligible for a PGWP, your study permit must have been valid at some point during these 180 days.". So he was still within the 180 days period, why would he need to restore his study permit ?

Some immigration website on the internet said now it has to go to federal court and my friend cannot fight the case by his own anymore. Is it true ? That sounds a bit hash if you ask me given if this was just mistake in submitting paperwork rather than actual eligibility.
I am also rejected but I have been given notice to reapply if my condition changes , I have applied in reconsideration through web form I am waiting for response