Could an immigration lawyer appeal the decision of a VO officer regarding PGWP?

[Accountingdude2893]

Hey guys,

Could a good lawyer appeal the decision of a VO officer?

For example, if you study 2 1 year PG diploma in 2 different provinces, but only got 1 year of PGWP?

Is there something a lawyer could do in this situation assuming you are full-time students with good grades in both programs?

So far, I heard that the length of your PGWP depends on you grade, the length of your program ( 2 years is better than 2 1 years) and on the mood of the VO Does this mean that its better to do flagpole since you can kind of beg them in person to give you a 3 years of PGWP?

 

[scylla]

Hey guys,

Could a good lawyer appeal the decision of a VO officer?

For example, if you study 2 1 year PG diploma in 2 different provinces, but only got 1 year of PGWP?

Is there something a lawyer could do in this situation assuming you are full-time students with good grades in both programs?

So far, I heard that the length of your PGWP depends on you grade, the length of your program ( 2 years is better than 2 1 years) and on the mood of the VO Does this mean that its better to do flagpole since you can kind of beg them in person to give you a 3 years of PGWP?

Sure, a lawyer can appeal. An appeal will take a number of months and cost you a few thousand dollars.

Your grades don't matter. What matters is whether you were a full time student with no unofficial breaks, if both schools and programs qualify for a PGWP and how long a break you took between programs.

Flagpoling is closed at this time due to COVID-19. Not an option.

 

[Accountingdude2893]

Sure, a lawyer can appeal. An appeal will take a number of months and cost you a few thousand dollars.

Your grades don't matter. What matters is whether you were a full time student with no unofficial breaks, if both schools and programs qualify for a PGWP and how long a break you took between programs.

Flagpoling is closed at this time due to COVID-19. Not an option.

What is your experience regarding this situation? There is no rule for PGWP for studying in different provinces, so what do these VO based on to make a decision to give the students only 1 year of PGWP?

 

[scylla]

What is your experience regarding this situation? There is no rule for PGWP for studying in different provinces, so what do these VO based on to make a decision to give the students only 1 year of PGWP?

There is no rule for different provinces. The only rules are those posted on the IRCC web site.

 

[Accountingdude2893]

There is no rule for different provinces. The only rules are those posted on the IRCC web site.

So how should I advice my friend who only got 1 year of PGWP even though he did 1 3 semesters program + 1 2 semester program, and being full-time in both of them? Is hiring a lawyer the only option for him?

 

[primaprime]

Maybe you can file a request for reconsideration with a letter explaining you believe you meet the requirements to combine the length of two programs. Keep in mind both programs must be at least 8 months and PGWP-eligible in their own right, and you must have begun the second one within 150 days of completing the first.

 

[Impatient Dankaroo]

So how should I advice my friend who only got 1 year of PGWP even though he did 1 3 semesters program + 1 2 semester program, and being full-time in both of them? Is hiring a lawyer the only option for him?

Did you friend attach Letter of Completion & Final Transcripts for both programs? Also, in SOP nowadays you need to say you state you are looking for 3 year pgwp through consideration of both programs to avoid confusion.

 

[Accountingdude2893]

Maybe you can file a request for reconsideration with a letter explaining you believe you meet the requirements to combine the length of two programs. Keep in mind both programs must be at least 8 months and PGWP-eligible in their own right, and you must have begun the second one within 150 days of completing the first.

I wonder if this has something to do with the level of the program as one is a diploma, and the other is a certificate!? As far as I know they are the same level (post-secondary).

 

[primaprime]

I wonder if this has something to do with the level of the program as one is a diploma, and the other is a certificate!?

Not inherently.

 

[bongoman]

Did he submit both sets of proof/documents and explain in his letter that he is looking for 3 years PGWP?
You don't need a lawyer, call IRCC and explain the situation they will put in a reconsideration request for your file.