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Applying for post graduation work permit

philus

Hero Member
Oct 14, 2016
237
18
Hi All,

My university just told me I was supposed to have stopped working on the date I got a letter of completion of my doctoral programme. Sadly, I didn't know - I felt I can continue my part time work since my study permit is still valid.

I was told that my continued work up till the day I stopped (today) would be seen as 'not authorized to work' by CIC.

I am planning to apply for my post graduation work permit now (as I was also told to apply before April 6, 2021 when it will make 90 days that I have been sent my credential completion letter - and when my study permit will become invalid automatically) but wondering if anyone with similar experience was lucky to have his/her post graduation work permit approved.

My university advised that I should write a letter and mention that was an oversight on my part....

Any help would be appreciated.

PS: My PR application is also with CIC and have less than 30 days to make the 6 months mark.

Regards.
 

OPS

Full Member
Mar 26, 2021
20
9
Well you have two options. Either you declare that you worked and write letter of explanation or otherwise. IRCC don’t have access to your work history firsthand. Good news is a lot of people have received their permit even after violating those laws.
 

philus

Hero Member
Oct 14, 2016
237
18
@OPS. thanks so much for your prompt response. I'm very relieved with this. The international office at my university also told me the same that I should write a letter detailing the period of 'illegal work.' They also said many students have been approved after writing such letter.

Another question I have (should you have an answer) is do you think I should stop working until I receive a decision regarding my work permit from IRCC.

Based on the info below, it looks like I can continue my work, but I am unsure what to do given my circumstances now (so I don't complicate things further).

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1507&top=15
How can I show a potential employer I’m allowed to work while I wait for my post-graduation work permit?
You can show a potential employer you’re allowed to work by giving them a copy of all of the following documents:
  • Proof that you completed your program(s) of study, such as
    • the official letter from your school that confirms you’ve completed your study program or
    • an official transcript or a copy of your transcript from your school’s website
  • A copy of your study permit
    • To be allowed to work right away, your permit should say: “May accept employment on or off campus if meeting eligibility criteria per paragraph R186(f), (v) or (w); must cease working if no longer meeting these criteria”
  • A copy of the acknowledgement of receipt from your post-graduation work permit (PGWP) application, if you applied online
    • To be allowed to work right away, the acknowledgement of receipt must have been received before your study permit expired
You can use these documents to work only until a decision is made on your application.
If your application for a post-graduation work permit is rejected or refused, you need to stop working as soon as we notify you.
If you don’t, any future work or study permits may not be approved, and you may be asked to leave the country.
 

OPS

Full Member
Mar 26, 2021
20
9
@OPS. thanks so much for your prompt response. I'm very relieved with this. The international office at my university also told me the same that I should write a letter detailing the period of 'illegal work.' They also said many students have been approved after writing such letter.

Another question I have (should you have an answer) is do you think I should stop working until I receive a decision regarding my work permit from IRCC.

Based on the info below, it looks like I can continue my work, but I am unsure what to do given my circumstances now (so I don't complicate things further).

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1507&top=15
How can I show a potential employer I’m allowed to work while I wait for my post-graduation work permit?
You can show a potential employer you’re allowed to work by giving them a copy of all of the following documents:
  • Proof that you completed your program(s) of study, such as
    • the official letter from your school that confirms you’ve completed your study program or
    • an official transcript or a copy of your transcript from your school’s website
  • A copy of your study permit
    • To be allowed to work right away, your permit should say: “May accept employment on or off campus if meeting eligibility criteria per paragraph R186(f), (v) or (w); must cease working if no longer meeting these criteria”
  • A copy of the acknowledgement of receipt from your post-graduation work permit (PGWP) application, if you applied online
    • To be allowed to work right away, the acknowledgement of receipt must have been received before your study permit expired
You can use these documents to work only until a decision is made on your application.
If your application for a post-graduation work permit is rejected or refused, you need to stop working as soon as we notify you.
If you don’t, any future work or study permits may not be approved, and you may be asked to leave the country.
Hi Bro, sorry for the late response. You can work as you’re on implied status. Don’t worry about your “illegal work”. You may choose or otherwise disclose it and write LOA. As I previously mentioned, IRCC don’t have access to your work history as they don’t have access to our SIN. They sometimes check SIN against CRA data for PR and citizen application but that’s even rare because of the privacy act. So bro, just chill and stressless. Good luck
 

philus

Hero Member
Oct 14, 2016
237
18
No worries. Thanks a lot. I will be applying and will declare the period of the so called 'illegal work' where it says 'have you worked without authorization or for more than 20 hours' and then write a Letter of Explanation. My uni told me I must stop working until I get approved though.
 

OPS

Full Member
Mar 26, 2021
20
9
No worries. Thanks a lot. I will be applying and will declare the period of the so called 'illegal work' where it says 'have you worked without authorization or for more than 20 hours' and then write a Letter of Explanation. My uni told me I must stop working until I get approved though.
Ok bro. Don’t be stressed as I haven’t heard of any case where pgwp was denied due to unauthorized work. Normally if you studied full time ( which I believe you were) and didn’t take any leave of absence you should be fine. Good luck Bro.
 

philus

Hero Member
Oct 14, 2016
237
18
Thanks again OPS - I really appreciate your reassurance. Hopefully, I'll be able to feed the house back once I hear back after my submission. I studied for a ~ 7 year long Phd and it was full time, even when I travelled outside for both related and unrelated internship (to my research).

Any idea from anyone who recently got approved what the processing time is like. I know it says 50 days online but I've had a case when my study permit extension was approved in less than 3 days when the estimated processing time was way too long back then in 2017.

Cheers!
 

philus

Hero Member
Oct 14, 2016
237
18
Hi @OPS,
Thanks again for your very useful email. I read the IRCC laws/regulation regarding my case and they it's written that a 6 month ban will be put on unauthorized work pgwp application. Also called a lawyer and said I'll be banned for 6 months. I know you mentioned you haven't seen anyone refused for unauthorized work and I was just curios (if you know by any chance) if these people actually answered 'YES" to the question on unauthorized work in Canada. Sorry for my constant emails...
 

OPS

Full Member
Mar 26, 2021
20
9
Hi bro, no worries. I understand the anxiety and to your question some people put no while others put yes. Just curious, what was the lawyer’s advice?
 

philus

Hero Member
Oct 14, 2016
237
18
Thanks again @OPS.

The lawyer said I should put the date I received my completion letter on the form and with that I can say no to 'unauthorized work.' He told me I am not lying by doing that. I like integrity and have decided before this (based on the advice from my uni) that I'll mention the dates of the so called unauthorized work, but I am surprised by the lawyer's advise - he argued that no officer will approve any unauthorized work and will put the 6 months ban. He assured me I am not lying by what he advised that whoever said I should declare what I did as an authorized work is a moron. So I am confused - I don't want to lie and at the same time I don't want to act in ignorance in the name of tying to be honest. Anyway, I am writing my letter and will send it to the uni to advise of anything I can add to apologize for my oversight. Few people on Quora have also said such violation can be overlooked - that the most important thing is to have a transcript and attend uni full time.

Also, I did a lot of research and came across the below info, so maybe 1 violation is allowed with some conditions. An example of someone on a work permit who failed to renew before continuing his/her work is given and IRCC say they will approve such violation - IFF with same employer. Not sure if the same applies to moving from a study permit to work permit.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/prohibitions.html#failed-comply


Unauthorized work or study
There are several factors that could be applied under paragraph R200(3)(e). Only 1 of the following factors [R200(3)(e)(i) to (iv)] needs to apply for the officer to refuse the work permit.

(i) Unauthorized work or study and 6 months not elapsed
As per subparagraph R200(3)(e)(i), the officer should not issue a work permit if either of the following applies:

  • the foreign national worked or studied in Canada even though they never held a previous work or study permit, nor were they authorized to work [R196]
  • the foreign national worked or studied in Canada under authorization but did not comply with the imposed conditions [R200(3)(e)(ii)]
The officer may issue a work permit as long as 6 months have passed since the foreign national stopped their unauthorized work or study.

Note: Under subsection R182(1), officers may reinstate or restore the status of temporary residents who have failed to comply with subparagraphs R185(b)(i) to (iii) only if they have met the following restrictions:

  • they have not been out of status for more than 90 days
  • they have not otherwise failed to comply with the specified conditions of their stay
(ii) Failed to comply with more than 1 imposed condition
As per subparagraph R200(3)(e)(ii), if the foreign national has failed to comply with a condition of a previous permit or authorization, unless the study or work was unauthorized only because the foreign national did not comply with conditions imposed under paragraph R185(a), subparagraphs R185(b)(i) to (iii) or paragraph R185(c). Paragraphs R185(d) and (e) are not included in these exemptions.

If the foreign national did not comply with only 1 imposed condition, a work permit can be issued as long as they have applied for restoration of their temporary resident status.

However, if the foreign national did not comply with more than 1 imposed condition, they may not be issued a work permit under paragraph R200(3)(e).

See Conditions and validity period on work permits for more details.

Example
A temporary worker was authorized to work for employer A as a waiter until July 15, 2017, and continued working beyond July 15 without applying for a new work permit.


If the foreign national otherwise meets eligibility and admissibility requirements, they could be issued a new work permit without waiting for 6 months to elapse.

However, if the temporary worker was authorized to work for employer A as a waiter until July 15, 2017, and on August 15, 2017, they began working for employer B as a waiter, their work is considered “unauthorized” and they must wait for 6 months to pass since the day the work for employer A stopped before a work permit can be issued.
 

philus

Hero Member
Oct 14, 2016
237
18
Hi Bro, sorry for the late response. You can work as you’re on implied status. Don’t worry about your “illegal work”. You may choose or otherwise disclose it and write LOA. As I previously mentioned, IRCC don’t have access to your work history as they don’t have access to our SIN. They sometimes check SIN against CRA data for PR and citizen application but that’s even rare because of the privacy act. So bro, just chill and stressless. Good luck
Hi OPR
I am just going over the above again ... You said I'm on implied status? Could you please explain further. I have a valid study visa till Nov 2021 and have received my credential completion letter (completed my study) on Feb 2. I will be submitting my application on April 5 (as the 90 day mark will end on April 6).
 

OPS

Full Member
Mar 26, 2021
20
9
Hi bro yes you’re on applied status as you received your completion letter on February 2. By this I think you have up to May 2 (90 days) to apply and be able to continue to work. Above 90 days you’ll have to change your status to visitor and apply. However, in this instance you’re not allowed to work until you receive your pgwp.

I have also read the advice of the lawyer and I believe I told you same. Working is not a requirement for the issuance of pgwp and so I know some people who even left that part of the document blank about employment because is inconsequential. I want to reiterate that the issuance of pgwp is contingent upon successful completion of your program of study and maintaining full time status. In exceptional cases where the visa officer suspects the applicant wasn’t fully concentrating on their study, they may request for additional information.

To sum up, it is up to you to decide. Good luck and do what sits well with you. Cheers.
 

philus

Hero Member
Oct 14, 2016
237
18
Thanks. Yes, my school put it in the FAQ for the pgwp application form that filling the other part of the form under employment is not compulsory. So I just indicate when I start my TA work (FROM) , title and location BUT the TO part is optional.
On the Feb 2 date, that's the date I got email notification on my credential completion (by the Senate). However, I got a change in grade (from In Progress) to (Completed) on Jan 6. The International Student office said this is the day the 90 days starts counting BUT Feb 2 date is the day I had to stop working (or apply for my pgwp right away to be able to continue my work).
 

OPS

Full Member
Mar 26, 2021
20
9
That’s awesome bro. I think you’re good to go. Honestly I haven’t seen a case where someone was refused because of unauthorized work. Almost all the refusal reasons pertain to not being full time students. In your case, there’s no need to worry. You’ll get surely get your PGWP. All the best bro.
 

philus

Hero Member
Oct 14, 2016
237
18
Thanks again @ OPS! By the way, I was wondering if previous rejection would affect my pgwp. We (my family) once applied for my PR (secondary applicant) and was returned as incomplete. The 2nd time, it was rejected - CIC said the NOC doesn't match the job title. We have applied the third time awaiting a decision by April 22. We got a a letter 2 weeks ago asking for Schedule A form to be updated.