PGWP refusal

[zareef]

First time they refused by saying that i didnt provide Transcript.Which i did.They admit mistake.Than second time they said its not full time studies for 2 years.My graduation letter clearly states its 2 year full time studies

I think, as others have suggested, best option is to get a lawyer and apply again. Good luck for the next attempt! Two different VO cannot make the same mistake in a row.

 

[pj11]

Hi Everybody

I need your help in understanding my situation.Please advise.

I completed my 2 year diploma course.But in the last semester i failed in one of the course.I completed that course online through Northern Alberta Institute of Technology. When i passed my institute transfered the credit.Than i applied for PGWP.They refused it that i studied online that one course. On my study permit no specific university is mentioned,There it's written "Any University".Thats why i thought that i can do online course from there.I was full time at my institute.And they gave me letter diploma and transcript which i provided to CIC.Please advise .i will be greatful for your time.Thank you

Are u sure that the failed course is a reason for refusal...it could be a missing documentation...wording of these letters is same most of the time...?

 

[seeking light]

it explicitly mention that because of online course i am not eligible for PGWP

 

[thisisauser]

it explicitly mention that because of online course i am not eligible for PGWP

But you said:

Exact reason is " you failed to meet the criteria of continuous full time studies in Canada" .I studied at MacEwan University in Edmonton.My 2 year prog is fully eligible.Uni is also DLI. I studied continuous full time for 2 years.Though i failed in one subject in last semester.After failing i completed online course from NAIT.

Please advise.Thank you

Is there a longer answer? Can you post THE FULL thing, without omissions other than personal information.

 

[pj11]

it explicitly mention that because of online course i am not eligible for PGWP

If that's the case

I think u should apply again and send a cover letter along explaining your circumstances?

Also you r allowed to take online courses....It could be a mistake at their part

 

[seeking light]

Full CIC reply:

In
your case, you failed to meet the eligibility of the Post Graduate Work Program: “have
continuously studied full time in Canada” as you enrolled in consecutive part time sessions
(including online courses), in order to complete the program of study (in Canada) and meet the
requirements for graduation;As you do not meet this requirement, it has been determined that you are not eligible for a work
permit in this category. You are a person in Canada without legal status and as such are required to leave Canada
immediately.

 

[canadacec123]

I think problem is online course as full time student have to do full time as per my view

That is not correct. If there is only one course is pending that is required to complete the degree or diploma requirements then it is allowed.

 

[kvn]

In the reply, one sentence mentions that "you enrolled in consecutive part time sessions(including online courses)".

OP can you clarify that? If you are doing part time in your last semester, yes you are eligible. but CIC says you enrolled in consecutive part times (that's at least 2 part time session).

 

[rjp]

Hey everyone.

He was a full time student in MacEwan but didnt obtain diploma because he failed a course. Then he took "part-time" single course from NAIT to graduate and obtain his diploma.

When he applied for PGWP, he wasnt in school full time but part time, that could be the reason for refusal. This is an special case and i suggest to get a lawyer.

Good luck

 

[kvn]

Hey everyone.

He was a full time student in MacEwan but didnt obtain diploma because he failed a course. Then he took "part-time" single course from NAIT to graduate and obtain his diploma.

When he applied for PGWP, he wasnt in school full time but part time, that could be the reason for refusal. This is an special case and i suggest to get a lawyer.

Good luck

@rjp: Taking part-time course in the "last" semester is still eligible for pgwp. My take on this is that cic didn't recognize the NAIT semester as the last semester unless OP can explain what CIC meant by consecutive part time sessions.

quote from pgwp rules:

Students must have continuously studied full time in Canada. However, if a student meets all the eligibility requirements, with the exception of full time status during their final academic session, they are still considered to be eligible for this program.

source: http://www.cic.gc.ca/english/resources/tools/temp/students/post-grad.asp

 

[seeking light]

There is only one online course.no consecutive.i only did one online course.i failed last course in my last semester.Also please advise me good immigration lawyer in edmonton,calgary or toronto.fees doesnt matter.Please thank you

 

[xecuter]

There is only one online course.no consecutive.i only did one online course.i failed last course in my last semester.Also please advise me good immigration lawyer in edmonton,calgary or toronto.fees doesnt matter.Please thank you

I recommend you contact either Raj Sharma in Calgary or Jonathon Jurmain in Toronto. They both specialize in immigration and I know Raj fights well in Federal Court should you need that.

 

[seeking light]

any idea in how many days i have to appeal

 

[xecuter]

any idea in how many days i have to appeal

You only have 15 days from the day you are notified of the decision to file for a leave and judicial review. Your case doesn't qualify for an appeal.

Here is a link to the CIC operational manual: http://www.cic.gc.ca/english/resources/manuals/enf/enf09-eng.pdf

Cheers

 

[jes_ON]

There is only one online course.no consecutive.i only did one online course.i failed last course in my last semester.Also please advise me good immigration lawyer in edmonton,calgary or toronto.fees doesnt matter.Please thank you

- Can you confirm that you were full-time for the semester in which you failed the course? It sounds like the VO believes you were part-time in that semester, plus part-time when you took the online course.
- Did you provide a letter from MacEwan indicating they accepted the transfer credit for completion of the program?