Flagpoling after PGWP rejection, but with a valid visitor visa

[throwaway2347]

Hi there,


I have a question and would like to hear your advice.

Here's my background:

1. I completed my undergrad this year. I have submitted an application for PGWP, and got rejected due to not maintaining my full-time status. Therefore, as of now I am out of status. My 2nd, new, application has been submitted, within the 180-day timeframe, along with an application to restore my status (as a student; this is the usual way to submit an application for PGWP after 90 days but within 180 days from Study Permit expiring), but I am very pessimistic about my 2nd application for a PGWP getting through.
2. I hold a valid Canadian visitor visa (v-1) , that allows multiple entrance, that expires in 2026.
3. I have a situation where I am trying to avoid going back to my country of citizenship.
4. I am anticipating a student visa to Australia. It will depend on a university offer, which I have received and can accept at any time. If obtained, this visa allows me to enter Australia as early as mid-November, 2023. It generally takes less than 1 month to be processed (it is digital so no need to send passport, etc).
5. I do not hold a US visa. An US visitor visa requires an interview, for which the queue is more than a year long.

So to sum it up, right now I am looking to extend my stay in Canada to as late as mid-November, but my application for a PGWP may be rejected before then, which would leave me with no status and the rejection letter would ask me to "leave Canada". I am not looking to extend my current status. Rather I am looking to enter again using the visitor visa, which would make me a visitor. Essentially, a new entry as a visitor. I intend to do this after the potential rejection of my PGWP, wchich would again leave me with no status.

My question is: If my 2nd application for a PGWP gets rejected, Can I flagpole at the Canada-US border, then enter Canada using my visitor visa, and stay until mid-November? Will this change my status to visitor? I never entered as a visitor in the past 4 years.

If this is not a valid solution, what do you suggest?

Regards,
Pan

 

[scylla]

Hi there,


I have a question and would like to hear your advice.

Here's my background:

1. I completed my undergrad this year. I have submitted an application for PGWP, and got rejected due to not maintaining my full-time status. Therefore, as of now I am out of status. My 2nd, new, application has been submitted, within the 180-day timeframe, along with an application to restore my status (as a student; this is the usual way to submit an application for PGWP after 90 days but within 180 days from Study Permit expiring), but I am very pessimistic about my 2nd application for a PGWP getting through.
2. I hold a valid Canadian visitor visa (v-1) , that allows multiple entrance, that expires in 2026.
3. I have a situation where I am trying to avoid going back to my country of citizenship.
4. I am anticipating a student visa to Australia. It will depend on a university offer, which I have received and can accept at any time. If obtained, this visa allows me to enter Australia as early as mid-November, 2023. It generally takes less than 1 month to be processed (it is digital so no need to send passport, etc).
5. I do not hold a US visa. An US visitor visa requires an interview, for which the queue is more than a year long.

So to sum it up, right now I am looking to extend my stay in Canada to as late as mid-November, but my application for a PGWP may be rejected before then, which would leave me with no status and the rejection letter would ask me to "leave Canada". I am not looking to extend my current status. Rather I am looking to enter again using the visitor visa, which would make me a visitor. Essentially, a new entry as a visitor. I intend to do this after the potential rejection of my PGWP, wchich would again leave me with no status.

My question is: If my 2nd application for a PGWP gets rejected, Can I flagpole at the Canada-US border, then enter Canada using my visitor visa, and stay until mid-November? Will this change my status to visitor? I never entered as a visitor in the past 4 years.

If this is not a valid solution, what do you suggest?

Regards,
Pan

This is not a valid solution.

You should not be flagpolling if you are out of status. You must have valid status in Canada to flagpole.

You need to apply to restore your status from within Canada.

 

[YVR123]

As replied, you should apply to restore your status in Canada while waiting for your Australia student visa.
Reminder, do not "forget" to disclose the PGWP refusal in your student visa application (Australia) . It's a work permit application refusal .