Can I leave Canada and apply for a study permit while restoring my status with a PGWP application?

[goosekeeper233]

To briefly summarize my situation, I was unaware of the PGWP conditions and didn't provide an explanation when I first applied. My transcript had two gaps - one due to a failed term in my second year and another because I couldn't find a co-op during the COVID period. Here's the timeline:

• End of April: Graduated
• End of May: Applied for PGWP
• End of July: Study permit expired
• Oct 18: PGWP rejected due to not maintaining full-time status
• Oct 26: Submitted a second PGWP application along with restoration of status

The second PGWP application included an explanation letter and an authorized leave letter from my school. However, it may also be rejected since I don't have a solid reason for my second gap. As a backup plan, I applied to graduate programs and received a desirable offer from a one-year program listed on the BCPNP-IPG. Further studies seem like a good idea, even if my second PGWP application is approved.

I've been waiting for 157 days for the outcome of my second application. The current processing time is 148 days, but IRCC hasn't started reviewing my eligibility yet. I called IRCC last week; the agent only confirmed that I had restored my status, attached the receipt with the explanation letter, and then asked me to wait…

I am concerned about waiting indefinitely. I need to allocate sufficient time to return to my home country and apply for a study permit if the PGWP is rejected or stuck in processing.

According to the IRCC website, it will be refused if I leave Canada while my restoration application is being processed. I'm uncertain how this might affect my accompanying PGWP application. I found on IRCC's website that:

If a foreign national leaves Canada, they will be deemed to be seeking a new entry on their return, and the previous non-compliance with imposed conditions may make them inadmissible to Canada as per section A41 and subsection A29(2).

During the processing of a restoration application, should an officer determine that the foreign national has left Canada, the officer shall refuse the application restoration as the foreign national is no longer eligible. In this situation, processing fees are not refunded.

If I return to my home country and apply for a study permit, will my stay between October 18 and now be considered "previous non-compliance with imposed conditions," making me inadmissible to Canada or causing my study permit application to be rejected?

Can I do anything to encourage the IRCC to expedite my application?

Thank you in advance for any advice or insight.

 

[nikhilch]

I completed my master's program full-time on 28th April 2023 (Friday).
My study permit and TRV expired on 30th April (Sunday)
I received my course completion letter and official transcripts from my university on 1st May 2023 (Monday)
I applied for PGWP on 3rd May 2023 (Wednesday). I included the restoration of the student status payment receipt in the file and explained the above timeline.

In this case, I am not supposed to work until my PGWP gets approved. Processing time for PGWP is almost 5-6 months. I am a student with huge education loan and responsibilities. So I am looking for alternative ways to get PGWP and I found one option, which is flag polling.

Do you suggest me to do a flagpole in my situation? or
what shall I do in this situation?
Is it valid/good to go there?
What documents shall I carry with me?

 

[Ainp Dec]

I completed my master's program full-time on 28th April 2023 (Friday).
My study permit and TRV expired on 30th April (Sunday)
I received my course completion letter and official transcripts from my university on 1st May 2023 (Monday)
I applied for PGWP on 3rd May 2023 (Wednesday). I included the restoration of the student status payment receipt in the file and explained the above timeline.

In this case, I am not supposed to work until my PGWP gets approved. Processing time for PGWP is almost 5-6 months. I am a student with huge education loan and responsibilities. So I am looking for alternative ways to get PGWP and I found one option, which is flag polling.

Do you suggest me to do a flagpole in my situation? or
what shall I do in this situation?
Is it valid/good to go there?
What documents shall I carry with me?

Hi Nikhil,

I have two questions related to the application you submitted.

Did you use imm 5710 form to submit this application, and not imm 5709 right?

If imm 5710, what did you select in the question number 3 of this form? I mean only "Apply work permit for first time or new employer" or "Restore my status as a worker" as well? Please help!!!