PGWP Refused / Reconsideration / Flagpoling

[ullpoalrchill]

Hi everyone,

I just wanted to share my experience with PGWP refusal because this forum helped me so much during a difficult time and the information I found helped a lot in resolving my case. So, I'm hoping that my story can help others who might be going through a similar situation.

Fair warning - I tried to include as much details as I can, so it's long ...

Here's a summary of what happened with my PGWP:

• I graduated in summer of 2022 (degree conferred June 6)
• Applied for PGWP online mid-July
• Early December, I get a letter from IRCC requesting the most updated transcript. This is when I realized I made a mistake of submitting my old transcript (from 2nd year) which did not show that I completed my degree. I was shocked, logged into IRCC, uploaded the correct transcript, saw the green text 'Upload successfully', thought I was good.
• Late December, I received a refusal letter and the reason was that IRCC never received the transcript they requested. I realized that I had made another mistake - I was supposed to scroll down to the page after uploading my transcript to click Submit.
• I was panicking because I had a job to start in January. Talked to university immigration consultants, they told me these mistakes happen more frequent than you think, I submitted a request for reconsideration through IRCC webform (https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx)

The first line of my message was "URGENT PGWP Refusal - Reconsideration Request". Including "URGENT" text helps IRCC agents to notice your message quicker than others (according to the immigration consultants)

I explained and apologized for my mistake, I told them that I had a job offer to start in January. I ended up sending three webform messages:
1st - on the day I got the refusal letter, attached my transcript in the message
2nd - 3 days after the refusal letter, attached my transcript & my job offer (immigration consultant suggested I submit the job offer as well)
3rd - 1 week after the refusal letter, I submitted a crisis webform this time (https://secure.cic.gc.ca/ClientContact/en/Crisis). I was initially hesitant because I didn't think my case was considered a crisis compared to other refugees, etc. but I decided to just give it a try. Thought the worst thing they'll do is just ignore my message. I included my transcript, job offer and also mentioned how I spent the last five years studying my program and how devastating it is to lose the opportunity to work in Canada because of my mistake that I deeply regret (immigration consultant suggested I include how long I spent studying and also some emotional adjectives).

• I called IRCC and the agent said my reconsideration request will most likely be refused because it was my mistake and not the officer's. I also emailed my local M.P. office (you can find your local office here - https://www.ourcommons.ca/members/en), they were able to get an update from IRCC immediately but IRCC also said my reconsideration request will probably be refused and that my best bet is to reapply asap.

Because I was already past the 180-day deadline, I asked the IRCC agent if he's seen cases of PGWP being granted past the deadline. He did not give me a definite answer but said that's my best shot because it's a case by case decision.

• Submitted new PGWP application with restoration of status as a visitor

FYI to access PGWP application online, you have to select 'Student' as your current status. I just explained in my Letter of Explanation that I had to do that to access the application and that I'm aware that that's not my status. I called IRCC to confirm and they said it's okay. I explained my situation with what happened with my initial PGWP application in the Letter of Explanation and also attached a job offer.

• 9 days after my first webform message, I get an acknowledgement of receipt email from IRCC saying my message has been added to the file. I called IRCC and the agent confirmed that they see my message but they said my file isn't flagged for reconsideration yet. They flagged it for me and said the officer should be notified this way.
• 1 week later, I called IRCC and the agent confirmed that my reconsideration request has been forwarded to the responsible officer. They couldn't give an estimate on processing time but said they're starting to process things faster.
• 1 week later (early Jan), I receive a letter saying they reviewed my reconsideration request and that they are sticking with their refusal decision...
• Next day, I went flagpoling. I had been planning for it as a back up plan, so I had official sealed physical transcript from the university, etc. all ready.

I went to Peace bridge - got to the US border around 8am, waited a bit in line of cars, told the officer I was here to flagpole - they asked what visa I'm trying to get (student visa, work visa, etc), asked me to turn my hazards on and another officer directed me where to park and told me to go into the building. Waited 30 min, the officer called my name, asked some questions (address in Canada, phone number), handed me back my passport/flagpole notice, directed me to exit and cross the bridge to the Canadian border.

When I arrived at the Canadian border, the border office knew that I was here to flagpole. He asked which permit I'm going for, told me to park and go into the building. Went into the building, it wasn't that busy, looked like 2 officers were processing applications. Gave my passport/flagpole notice to the officer and waited until they call my name (30 min).

The officer called my name, asked what happened with my PGWP refusal (I think they can see all the applications you have with IRCC - he knew I also had applied for a new one). He looked at my transcript and said he can't issue my permit because I'm past the 6 month deadline. I told him that I had a job to start and that I'm just doing everything I can to fix my mistake. He told me to go sit and wait, he was talking to his supervisor for a while, called me back and said we are giving you an exception because you did all the things to correct your mistake, you've been with good standing with immigration, your grades are high for such difficult program (I did engineering), so "I'm not gonna ruin your life over a mistake everyone makes". When he said that, I literally cried LOL He needed more time to process my application, took my fingerprints, I paid and then I got my PGWP!

If you are going through a similar situation, don't blame yourself too much. I know I did, and for the first few weeks, my mental health was seriously affected until I stopped blaming my past self and just said these things happen and in the long run, whatever happens from this will make sense.

My advice is to consult as many people as you can:

• if the IRCC agent didn't tell me my reconsideration request will be refused, I would've just sat at home and tried to patiently wait because university immigration consultants said you'll eventually get your permit, it could just take a while (2 weeks to 3 months for reconsideration)
• Immigration consultants told me I can't go flagpole because I don't have a valid status in Canada. However, I called IRCC & CBSA and they said because I'm from a visa exempt country (I have a valid eTA), I can flagpole. Even if they refuse to issue my permit, I will be able to enter as a visitor.
• Some IRCC call agents know nothing... literally nothing. One of them didn't know the term flagpoling. Each agent is different - some more helpful, some more strict. Just keep calling and ask your questions to multiple agents and you'll get a clearer idea of what you can and can't do.
• Have back up plans - flagpoling, I also applied for a Working Holiday visa, my employer was considering getting me an employer specific work permit.

I hope this helps and remember that everyone makes mistakes. Good luck to anyone trying to sort out their situations.