PGWP Refusal, mistake by CIC

[rohan555]

Hi

I had applied for a PGWP back in March 2020 and have just recieved a refusal letter.

In the letter they have mentioned that my application does not qualify under the "International Mobility Program" and that I DO NOT meet the requirements of a " Spousal Open Work Permit ". The letter then goes on to say that they think that my financial proof and family ties does not convince them that I will leave Canada at the end of my stay.

Firstly my application was for a Post Graduate Work Permit and I had submitted my transcripts and confirmation of graduation letter from my college. There were no study gaps and my study permit was valid when I had applied for the post graduate work permit. This was NOT a spousal open work permit application.

Secondly the online application questionnaire never asked me to upload my financial documents, only my graduation letter and transcripts.

Upon careful review of my application forms I noticed that I was supposed to mention the name of my potential employer as " Post Graduate Work Permit " in question 2.a. As is stated in the application guide. However I did not mention that in question 2.a.

However, I feel CIC has processed my application under Spousal Work Permit rather than a Post Graduate Work Permit,, if they would have spent even a few minutes reading my application and seen the attached documents they would have known that it was a Post Graduate Work Permit Application.

Moreover, considering the 180 days are over since my graduation , I cant even reapply as the deadline for applying for PGWP is over.

Please advise how I can contact CIC and discuss this error with them.

Thanks all !

 

[Humpholito24]

Might you have chosen SOWP instead of PGWP by accident? If not, you can reapply or whatever they do to be reconsidered with an explanation that they judged your application as SOWP instead of PGWP

 

[rohan555]

Hi
Thanks. I didn’t specifically choose SOWP as the drop box just allows you to choose OWP , the application guideline specifies we mention PGWP as employers name, which I missed out.

I was hoping of a webform or some simpler way I could rectify this application considering I have lost my implied status due to this rejection and applying for a new one will take a while to process.

Otherwise as u suggested I will have to reapply and explain my circumstances for applying after the 180 days deadline, but won’t be able to take up employment till my decision is made.

Thanks

 

[Humpholito24]

Aaaaah! I see what happened. VO did assume it was Spousal since you didn't specify what kind of OWP. I think you can apply for restoration and PGWP explaining you made an error in your application and apologize for that and ask for reconsideration. If you did realize while you waited for your decision, that's when you can use the webform. Webform after the decision has been made is never helpful.

 

[rohan555]

Thanks again. True, webform wont be helpful now. Unfortunately, I have been out of Canada since Jan 2020 and haven't been able to return due to COVID restrictions. However, I had planned to return this summer as they are going to allow work permit holders to enter Canada. I also have a TRV (Visitor) valid until March 2024. I suppose my best bet is to reapply as you suggested and explain my denied application.

Thinking of it they had asked me for my biometrics via a letter a week back and I paid the fees and was waiting for instructions until they sent me a refusal today. So clearly they did not touch my file for the last almost 1 year ! Me not being to adhere to the 180 days deadline now, is just because they did not process my application and I never got a chance to know my mistake .

 

[Humpholito24]

Thanks again. True, webform wont be helpful now. Unfortunately, I have been out of Canada since Jan 2020 and haven't been able to return due to COVID restrictions. However, I had planned to return this summer as they are going to allow work permit holders to enter Canada. I also have a TRV (Visitor) valid until March 2024. I suppose my best bet is to reapply as you suggested and explain my denied application.

Thinking of it they had asked me for my biometrics via a letter a week back and I paid the fees and was waiting for instructions until they sent me a refusal today. So clearly they did not touch my file for the last almost 1 year ! Me not being to adhere to the 180 days deadline now, is just because they did not process my application and I never got a chance to know my mistake .

There is also another risk most people take is flagpoling, but I won't recommend that. So, do what you can and I hope it goes well.

 

[rohan555]

Thanks a ton. Hope they realise this small error and also acknowledge the rest of my application which was clear in its intent.

 

[Humpholito24]

Finger crossed

 

[Humpholito24]

I see you can actually ask for reconsideration via webform rather than applying again. Send them the webform and ask them to review your application and explain all the errors.

 

[rohan555]

I had sent a webform the day before explaining the error , hopefully hear from them soon. Going to wait for their response before deciding further.

 

[Humpholito24]

You will get it.

 

[captainarabiia]

Agree that webform is the first step, they could send it back to the VO for reconsideration, hopefully they see the mistake.

Or, they might just ask you to make a new application.