Possible PGWP refusal (Worked after graduation)

[canuck_in_uk]

I will got my transcript in September last year. Must the transcript be sealed? If so I will have to pick another transcript on Monday. I got my diploma on 4th of November, I will got pick up my letter of graduation on Monday the 20th.

So there is your issue. Your study permit was automatically invalid in December, 90 days after receiving confirmation of program completion. You are in Canada without status. Also, all work beyond receiving that confirmation was illegal.

You need to apply for Restoration. You should NOT be going to the border, as CBSA doesn't take kindly to people who overstay and work illegally.

 

[jarule]

So there is your issue. Your study permit was automatically invalid in December, 90 days after receiving confirmation of program completion. You are in Canada without status. Also, all work beyond receiving that confirmation was illegal.

You need to apply for Restoration. You should NOT be going to the border, as CBSA doesn't take kindly to people who overstay and work illegally.

Sorry you are wrong. It was increased from 90 days to 180 days back in February last year. Please look it up. That why they were able to extend my study permit for six more months even when I was no longer student.

https://www.canadavisa.com/post-graduation-work-permit-program.html#gs.syn2mv

https://www.canadavisa.com/post-graduation-work-permit-faq.html#gs.syl3vd

 

[canuck_in_uk]

Sorry you are wrong. It was increased from 90 days to 180 days back in February last year. Please look it up

No. I'm not wrong. The time to apply for a PGWP was increased to 180 days. However, the study permit is still automatically invalid after 90 days. Those are VERY different things. You have no status and worked illegally.

Straight from immigration law:

https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-222.html

Invalidity

• 222 (1) A study permit becomes invalid upon the first to occur of the following days:
  • (a) the day that is 90 days after the day on which the permit holder completes their studies,
  • (b) the day on which a removal order made against the permit holder becomes enforceable, or
  • (c) the day on which the permit expires.

 

[jarule]

No. I'm not wrong. The time to apply for a PGWP was increased to 180 days. However, the study permit is still automatically invalid after 90 days. Those are VERY different things. You have no status and worked illegally.

Straight from immigration law:

https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-222.html

Invalidity

• 222 (1) A study permit becomes invalid upon the first to occur of the following days:
  • (a) the day that is 90 days after the day on which the permit holder completes their studies,
  • (b) the day on which a removal order made against the permit holder becomes enforceable, or
  • (c) the day on which the permit expires.

Then what is the point of the 180 days? If one cannot apply 90 days after the confirmation of degree.

Also, I did not work in December and january

 

[canuck_in_uk]

Then what is the point of the 180 days? If one cannot apply 90 days after the confirmation of degree.

Also, I did not work in December and january

A person can leave Canada before the 90 days and apply within the 180 days for the PGWP from another country. Or they can apply to change their status to visitor prior to the 90 days and then apply for the PGWP later within the 180 days.

All work done in September, October and November after receiving confirmation of program completion was illegal.

 

[jarule]

A person can leave Canada before the 90 days and apply within the 180 days for the PGWP from another country. Or they can apply to change their status to visitor prior to the 90 days and then apply for the PGWP later within the 180 days.

All work done in September, October and November after receiving confirmation of program completion was illegal.

In this case do I still need to restore my status? I am not yet out of status, the study permit is expiring on 29th of Feb.

 

[canuck_in_uk]

In this case do I still need to restore my status? I am not yet out of status, the study permit is expiring on 29th of Feb.

Read what I already posted. The validity of the study permit is irrelevant. Your status expired 90 days after confirmation of program completion. You have no status.

 

[jarule]

Hello EVERYONE! Thought I would post some updates! I went to the Queenston–Lewiston Bridge yesterday (01/21/2020) and got my 3-year POST GRADUATE WORK PERMIT. SO HAPPY! I APPRECIATE EVERYBODY WHO REPLIED TO THIS POST AND HELPED ME GET ON MY TOES WITH SOME LAWS THAT I DID NOT KNOW! THANK YOU SO MUCH!!

I just collected any document I could and presented it to the officer! I got there at 10AM and by 11.30AM I was done! The officers were very chill, did not ask me any question, just called me for biometrics and that`s all! Please note that at this bridge you cannot walk to flagpole! You need to have a car! My cab dropped me off at 8AM just for me to realize this later. So I had to look for another cab to help me flagpole, and the cabs charge $50 just to flagpole! So please prepare effectively.

So happy but PLEASE TO BE SAFE, DO THIS PGWP APPLICATION IMMEDIATELY. DO NOT WAIT! MY CASE MIGHT HAVE BEEN DIFFERENT. READ BETWEEN THOSE LAWS AND SEEK HELP IF YOU NEED.

Lesson learned.

Thank you