PGWP - Leaving Canada while application in process

[kritik]

Hello everyone,

I've just graduated from a Master's program in Canada, and have been able to land pretty much my dream job (yay!). However, I've run into a bit of a situation.

Since my firm is US-based, they want me to go to the States for a week of onboarding and training before I start work in Canada. I've applied for my PGWP, and I know that I'm able to work based on implied status. However, given the current processing times, there is no way that I will be able to get my PGWP before I leave for the States. Moreover, my study permit will expire by then, so I won't be able to apply for a PGWP at the border.

So the question is, if I leave Canada while my application is under process, am I then able to work when I return (until a decision has been made)? This page on CIC's website seems pretty categorical in saying that I can (emphasis mine):

When you return to Canada:

• You may enter as a student if your study permit is still valid.
• If we approved your post-graduation work permit while you were away, you may enter as a worker.
• If we are still processing your post-graduation work permit, you may enter as a visitor, and you can work without a work permit until we make a decision on your application.

​

However, I've seen posts on this forum saying that this is not possible, and this page on Canada.ca says that I will NOT be able to work in this situation. I suspect that this applies only to work/study permit extensions and not a transition from study to work permit (PGWP), whereas the CIC page I quoted before applies specifically to PGWPs. But I can't be sure.

So I'm wondering if anyone has any personal experience in this regard.

___________________________________

TL;DR:
I've seen conflicting information on whether you can leave Canada while a PGWP application is being processed, then return and resume work on implied status. I'd love to hear if anyone has done this recently and what their experience was.

 

[Ha97]

Hello everyone,

I've just graduated from a Master's program in Canada, and have been able to land pretty much my dream job (yay!). However, I've run into a bit of a situation.

Since my firm is US-based, they want me to go to the States for a week of onboarding and training before I start work in Canada. I've applied for my PGWP, and I know that I'm able to work based on implied status. However, given the current processing times, there is no way that I will be able to get my PGWP before I leave for the States. Moreover, my study permit will expire by then, so I won't be able to apply for a PGWP at the border.

So the question is, if I leave Canada while my application is under process, am I then able to work when I return (until a decision has been made)? This page on CIC's website seems pretty categorical in saying that I can (emphasis mine):

​

However, I've seen posts on this forum saying that this is not possible, and this page on Canada.ca says that I will NOT be able to work in this situation. I suspect that this applies only to work/study permit extensions and not a transition from study to work permit (PGWP), whereas the CIC page I quoted before applies specifically to PGWPs. But I can't be sure.

So I'm wondering if anyone has any personal experience in this regard.

___________________________________

TL;DR:
I've seen conflicting information on whether you can leave Canada while a PGWP application is being processed, then return and resume work on implied status. I'd love to hear if anyone has done this recently and what their experience was.

No,
You can’t work once you come back ...according to CIC


re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are temporary resident visa (TRV)-exempt, as per section R190, or on a multiple-entry visa.

They may not resume work or study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer that they have sufficient means of support.

 

[kritik]

No,
You can’t work once you come back ...according to CIC


re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are temporary resident visa (TRV)-exempt, as per section R190, or on a multiple-entry visa.

They may not resume work or study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer that they have sufficient means of support.

Hi Ha97,

Thank you so much for taking the time to respond.

I actually have been able to get an answer on this through CIC and my firm's lawyer, which I'll explain here for the benefit of anyone else reading later:

It seems that the restriction you've quoted applies only to renewals (i.e, your work permit expired, and you applied for an extension). This is due to Regulation 186(u) of the IPRR:

186 A foreign national may work in Canada without a work permit:

...

(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date;

...

This specifies that you must necessarily remain in Canada in order to work if you've applied for a work permit renewal (which is what subsection 201(1) deals with).


When you're switching from a study permit to a work permit (through the PGWP program), this subsection does not apply. The relevant regulation is Regulation 186(w):

186 A foreign national may work in Canada without a work permit:

...

(w) if they are or were the holder of a study permit who has completed their program of study and

• (i) they met the requirements set out in paragraph (v), and
  
  
• (ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application.
  

This is confirmed through the CIC answer I quoted before - so there is no inconsistency.

Cheers,
Kriti

 

[russ6970]

make sure you carry evidence of your application for the PGWP.

 

[kritik]

make sure you carry evidence of your application for the PGWP.

Great point, russ6970! Thanks for mentioning it; I'll be sure to do that.

 

[MarielaO]

Hello everyone,

I've just graduated from a Master's program in Canada, and have been able to land pretty much my dream job (yay!). However, I've run into a bit of a situation.

Since my firm is US-based, they want me to go to the States for a week of onboarding and training before I start work in Canada. I've applied for my PGWP, and I know that I'm able to work based on implied status. However, given the current processing times, there is no way that I will be able to get my PGWP before I leave for the States. Moreover, my study permit will expire by then, so I won't be able to apply for a PGWP at the border.

So the question is, if I leave Canada while my application is under process, am I then able to work when I return (until a decision has been made)? This page on CIC's website seems pretty categorical in saying that I can (emphasis mine):

​

However, I've seen posts on this forum saying that this is not possible, and this page on Canada.ca says that I will NOT be able to work in this situation. I suspect that this applies only to work/study permit extensions and not a transition from study to work permit (PGWP), whereas the CIC page I quoted before applies specifically to PGWPs. But I can't be sure.

So I'm wondering if anyone has any personal experience in this regard.

___________________________________

TL;DR:
I've seen conflicting information on whether you can leave Canada while a PGWP application is being processed, then return and resume work on implied status. I'd love to hear if anyone has done this recently and what their experience was.

hey I wanted to know what happened with your case at the end. Could you come back to Canada with no issue? I am waiting for my PGWP and I have to go back home for Christmas. I was thinking of flagpoling but I am afraid they do not let me in. Please help