PGWP application

[Nachiket Shah]

Hello all,

I have an unique scenario and needed some guidance. I have applied for PGWP in Jan 2021 and still waiting for a response from IRCC on it. I did complete my one year experience in Jan 2022. Can I go ahead and apply for PR via express entry given the fact that my PGWP application is still in progress?

 

[GandiBaat]

I have an unique scenario and needed some guidance. I have applied for PGWP in Jan 2021 and still waiting for a response from IRCC on it. I did complete my one year experience in Jan 2022. Can I go ahead and apply for PR via express entry given the fact that my PGWP application is still in progress?

You can apply for PR, no issue about it. Maintained status is valid status, so your work (full-time) is fine. Just be sure you have fulfilled all the requirements of 186(w) : https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-186.html

ie :

• they are or were holders of a valid study permit at the time of the post-graduation work permit application
• they were a full-time student enrolled at a DLI in a post-secondary academic, vocational or professional training program
• they were authorized to work off-campus without a work permit
• they did not exceed the allowable hours of work

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html

When you apply for PR, be careful if you also apply for BOWP. Because :

1. If (Suppose) your PGWP gets rejected, you might need to
1.a. STOP working immediately
1.b. Apply for BOWP AGAIN with restoration of status path.

2. If your PGWP application is rejected as incomplete, you will need to leave Canada because you will not be able to restore status.

Confirm these details with a registered consultant / lawyer.

 

[GandiBaat]

Here is what IRCC says about applying for PR while on maintained/implied status : https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1134&top=29

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1134&top=29

If you are not sure you answered correctly:

1. go to the “work history” screen, under the “Intended work in Canada” section
2. scroll down to the section about Labour Market Impact Assessments (LMIA)
3. if your employer had an LMIA for your work permit, make sure you answered “yes” to the question “Was a positive LMIA issued for the job offer in Canada?”
4. under “LMIA number,” enter the number from the expired LMIA
5. if your work permit is LMIA-exempt, for the question “Was a positive LMIA issued for the job offer in Canada?” choose the correct answer from the “No – My work permit is exempt…” options.

To prove that you are under implied status, include a copy of your new LMIA (if this applies) and work permit applications when you apply. When you get to the document checklist, select “add letter of explanation” to upload it into the “Optional documents” section.
As long as you still have implied status at the time you apply, you do not need to wait for your new work permit to be approved.

If we issue you a new work permit before you submit your application, you need to update this information before you submit it.

If we refuse you a new work permit before you submit your application, you may want to decline the invitation to apply, since the information in your profile is no longer up to date. You will be put back in the pool, and should update your profile to show the change in your work status.

You can recalculate your score to see if you still have enough points to be invited to apply.
If losing job offer points brings your score below the minimum score for your round of invitation, we will refuse your application. If we refuse your application, we will not refund your processing fees.

 

[Nachiket Shah]

You can apply for PR, no issue about it. Maintained status is valid status, so your work (full-time) is fine. Just be sure you have fulfilled all the requirements of 186(w) : https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-186.html

ie :


https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html

When you apply for PR, be careful if you also apply for BOWP. Because :

1. If (Suppose) your PGWP gets rejected, you might need to
1.a. STOP working immediately
1.b. Apply for BOWP AGAIN with restoration of status path.

2. If your PGWP application is rejected as incomplete, you will need to leave Canada because you will not be able to restore status.

Confirm these details with a registered consultant / lawyer.

Thank you so much for the response. Just a question, when I apply for PR I should also apply for BOWP? Or only apply BOWP when PGWP gets rejected?