intent to refuse by oinp.

[Kaydacosta]

Hello Everyone,


Please I need someone to advise Me.I have applied for OINP under foreign worker stream .


I have a post grad work permit from February 2016 -February 2019.After the work permit expires I changed my status to study permit in Jan 2019 to start a new programme at school in may.


On submitting my study permit application to the immigration I marked it on the form as applying for study and work permit on the application form and I also indicated I will start my programme in MAY 2019.


Since FEB 2019 my work permit expired and I have been working 4o hours continuously to the start of my programme at school. I have applied for OINP foreign worker stream and I was giving intent to refuse application because my total years of experience is 1year 9 month that my working experience with study permit will not be accepted as i am allowed to work 20 hours only with study permit.


MY QUESTION IS ? Can I explained to the OINP that I am allowed to work 40 hours when my programmed of study has not commenced .as per the IMMIGRATION CRITERIA I believe you can work 4o hours up to a maximum of 150 days before commencing your programme.


Its also on the Immigration website you can only work 20 hours /week if your course is currently on at school.

please I need someoneto advise me on what steps that need to be taking.Thank you all

 

[k.h.p.]

You aren't.

 

[canuck_in_uk]

Hello Everyone,


Please I need someone to advise Me.I have applied for OINP under foreign worker stream .


I have a post grad work permit from February 2016 -February 2019.After the work permit expires I changed my status to study permit in Jan 2019 to start a new programme at school in may.


On submitting my study permit application to the immigration I marked it on the form as applying for study and work permit on the application form and I also indicated I will start my programme in MAY 2019.


Since FEB 2019 my work permit expired and I have been working 4o hours continuously to the start of my programme at school. I have applied for OINP foreign worker stream and I was giving intent to refuse application because my total years of experience is 1year 9 month that my working experience with study permit will not be accepted as i am allowed to work 20 hours only with study permit.


MY QUESTION IS ? Can I explained to the OINP that I am allowed to work 40 hours when my programmed of study has not commenced .as per the IMMIGRATION CRITERIA I believe you can work 4o hours up to a maximum of 150 days before commencing your programme.


Its also on the Immigration website you can only work 20 hours /week if your course is currently on at school.

please I need someoneto advise me on what steps that need to be taking.Thank you all

You applied to change your status from worker to student; you were not applying for both a study permit and a work permit. As soon as your PGWP expired, you had Implied Status as a VISITOR. The rule you are quoting about the 150 days does not apply to your situation, as you were no longer a student.

You worked illegally from February to May and will be correctly refused.

 

[zardoz]

Hello Everyone,


Please I need someone to advise Me.I have applied for OINP under foreign worker stream .


I have a post grad work permit from February 2016 -February 2019.After the work permit expires I changed my status to study permit in Jan 2019 to start a new programme at school in may.


On submitting my study permit application to the immigration I marked it on the form as applying for study and work permit on the application form and I also indicated I will start my programme in MAY 2019.


Since FEB 2019 my work permit expired and I have been working 4o hours continuously to the start of my programme at school. I have applied for OINP foreign worker stream and I was giving intent to refuse application because my total years of experience is 1year 9 month that my working experience with study permit will not be accepted as i am allowed to work 20 hours only with study permit.


MY QUESTION IS ? Can I explained to the OINP that I am allowed to work 40 hours when my programmed of study has not commenced .as per the IMMIGRATION CRITERIA I believe you can work 4o hours up to a maximum of 150 days before commencing your programme.


Its also on the Immigration website you can only work 20 hours /week if your course is currently on at school.

please I need someoneto advise me on what steps that need to be taking.Thank you all

As far as I am aware, you are not allowed to work at all before your actual study commences. That was illegal work and will not be counted.
Please give the link to the information that you referenced with "I believe you can work 4o hours up to a maximum of 150 days before commencing your programme.".

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/work-off-campus.html
"You can only start working in Canada when you start your study program. You can’t work before your studies begin."

 

[canuck_in_uk]

As far as I am aware, you are not allowed to work at all before your actual study commences. That was illegal work and will not be counted.
Please give the link to the information that you referenced with "I believe you can work 4o hours up to a maximum of 150 days before commencing your programme.".

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/work-off-campus.html
"You can only start working in Canada when you start your study program. You can’t work before your studies begin."

It would appear OP seriously misunderstood a rule which allows study permit holders starting a new course within 150 days of completing the previous course to work in between.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html#off-campus

 

[zardoz]

It would appear OP seriously misunderstood a rule which allows study permit holders starting a new course within 150 days of completing the previous course to work in between.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/campus-work.html#off-campus

Agreed. The OP definitely does not qualify for the 150 rule, on multiple counts.