Valid TRV and applied for PGWP from outside canada. Can I re-enter?

[rcincanada2019]

okay, for now should i continue working? if you any leads for immigration lawyer please share

Try the owner of this forum: Cohen Immigration Law (contact details at the bottom of this web page).

 

[forevermore76]

i have applied for study permit as i got admission in lakehead university and entered canada (25 Aug 2023), it was issued to me at the port of entry (toronto). I have completed my Masters Degree in mid Aug 2024. I had an medical emergency back in india as my father was not doing well and needed immediate attention so i booked flight to india , as my student visa was valid until 31 dec 2024 so i left canada on 28 Aug 2024. My grades were delayed as on of the professor did not release marks for a subject therefore i could not apply for work permit while i was in canada as i had to wait for my degree completion letter. while i was in india i received my degree completion letter on Sep 9 2024 and i immediately applied for post graduation work permit however as i was out of canada so i applied using the form "Application for a Work Permit Made Outside of Canada (IMM 1295)" . i got submission confirmation document as well which confirms that i have applied for my PGWP. i flew back to canada and arrived on 23 Nov 2024 , at the port of entry i have informed the officer that i have applied for my PGWP and showed him my confirmation document and i was allowed entry inside the canada. After i reached canada i contacted IRCC and informed them that i have entered canada therefore please update my mailing address to "XXXXX" , as i thought my work permit document would be mailed to india because the address provided in the form was my residence address in india. The agent confirmed me that the address is now updated. i got work permit approval on January 24 2025 saying "A decision has been made on your application. We require your passport to finalize processing your application." . I therefore sent my passport for visa stamping and received my Letter of introduction on February 28 2025 "Your application to work in Canada has been initially approved by Immigration, Refugees and Citizenship Canada." i was waiting for my work permit document and have not received yet. I decided to contacted IRCC again to understand why there is a delay, but agent told me that you will not be getting a work permit for that you have to leave the country and come back to canada and then at the port of entry your work permit will be issued. i was confused i was not aware i wanted to cross check again and contacted again and got the same input however i asked if i resubmit application the agent said you can also do that. i contacted Canada border Agency and the explained my situation the officer told me that they no longer do Flag poling or flag landing and he advised that "if you leave the country and come back and we don't issue you a permit you will loose your implied status and will be unable to work, if we allowed you back to in it would be as visitor and we just dont have the resources to do that anymore" i was also told that " as i am from india we are unable to to help with that as we do not have agreement with india to do that there are only couple of countries we have agreement with so you have to sort this out with IRCC as it will be great risk to you to leave the canada and come back , i will caution if you do leave the country it is not gonna work out well" .


i have re applied for work permit application again inside canada attaching a letter of explanation ( supporting docs: LOI, ADDRESS PROOF, WALMART PYSTUBS, CONVOCATION DOCS)

Here's my observation.

- Maintained status applies to inland applicants. When you apply from overseas, there is no status to maintain.
- You entered Canada as a visitor.
- You were not authorized to work until your WP was approved.
- You are currently out of status as visitor stay should be 6 months.
- Your new work permit application will very likely be denied.

You should 100% consult with an attorney but if you don't, I think your best bet is to leave Canada and come back. There's two possibilities. One, they don't care and issue you a new WP at POE. Two, they care and then it becomes a nightmare as you have unauthorized work and overstay issues. Even if they issued a new WP, you will have a tough time explaining your work for PR.

Get an attorney, it's probably the smartest thing to do.

 

[azeemabdul1997]

i have booked a consultation with an immigration lawyer this Thursday, however in the second PGWP application where i attached a letter explanation i also attached my recent Walmart paystub. i did mention at no point i want to violate any law . i am really not sure what will happen. now i also have to check with Walmart to stop assigning me shifts. i am screwed right? i had no clue about it.

 

[azeemabdul1997]

i have consulted a lawyer, he said we have to wait for the second application response and see accordingly. Also suggested if he takes up my case he can check with local MP and try to expedite my work permit application so that we dont have to wait for long however the cost for that is 2000$. At the beginning he did say i am on worker status but later he went through my Letter of introduction and said you are not worker. So i currently stopped working ,for now just waiting for the application to be processed. He said if nothing goes wrong then we might have to take it up to court .Any other suggestions would really be appreciated

 

[Naturgrl]

i have consulted a lawyer, he said we have to wait for the second application response and see accordingly. Also suggested if he takes up my case he can check with local MP and try to expedite my work permit application so that we dont have to wait for long however the cost for that is 2000$. At the beginning he did say i am on worker status but later he went through my Letter of introduction and said you are not worker. So i currently stopped working ,for now just waiting for the application to be processed. He said if nothing goes wrong then we might have to take it up to court .Any other suggestions would really be appreciated

A MP cannot expedite anything so lawyer is not telling the truth. You can contact your MP and ask for update but they cannot get it through quicker. He is correct that you are not a worker and don't have status.

Ask what he means by going to court. If Judicial Review then read what that is because not sure your case is eligible. Also looking at $10k in lawyer fees to file.

Nothing to add because all you can do is wait for application to be processed.

 

[azeemabdul1997]

A MP cannot expedite anything so lawyer is not telling the truth. You can contact your MP and ask for update but they cannot get it through quicker. He is correct that you are not a worker and don't have status.

Ask what he means by going to court. If Judicial Review then read what that is because not sure your case is eligible. Also looking at $10k in lawyer fees to file.

Nothing to add because all you can do is wait for application to be processed.

He said we can post a demand letter as well and tell them to expedite the application. He further added we can take this to court but haven’t specifically mentioned if it is judicial review but did tell me it will be pretty expensive! I was in dilemma if I should pay that 2000$ just to expedite the application but you cleared that for me ! Thank you for that! It’s really unbelievable not even one person in the system can give me the right answer the ircc operators tell me leave country and come back which is illegal now to do, I contacted Canada border agency and one of the officer took call , I explained the situation he said you are on implied status however I would not suggest you to leave canada but it will revoke your maintenance status and we would need consider you as a visitor and we dont have those resources right now so if you are leaving canada you are at risk. The lawyer was too confused , he says we are in grey area , but told me you can still work as you reapplied for work permit u will be in maintained status but its better to stop working! Therefore i gave away all my shifts scheduled for next three weeks. Am just so stuck i cant get a clear answer .

 

[Naturgrl]

He said we can post a demand letter as well and tell them to expedite the application. He further added we can take this to court but haven’t specifically mentioned if it is judicial review but did tell me it will be pretty expensive! I was in dilemma if I should pay that 2000$ just to expedite the application but you cleared that for me ! Thank you for that! It’s really unbelievable not even one person in the system can give me the right answer the ircc operators tell me leave country and come back which is illegal now to do, I contacted Canada border agency and one of the officer took call , I explained the situation he said you are on implied status however I would not suggest you to leave canada but it will revoke your maintenance status and we would need consider you as a visitor and we dont have those resources right now so if you are leaving canada you are at risk. The lawyer was too confused , he says we are in grey area , but told me you can still work as you reapplied for work permit u will be in maintained status but its better to stop working! Therefore i gave away all my shifts scheduled for next three weeks. Am just so stuck i cant get a clear answer .

There is no way to expedite. A letter of demand is if there is a delay in your processing. Don't believe you have had a delay as that could be up to a year. But if paying lawyer to do that then go for it.

 

[azeemabdul1997]

There is no way to expedite. A letter of demand is if there is a delay in your processing. Don't believe you have had a delay as that could be up to a year. But if paying lawyer to do that then go for it.

 

[azeemabdul1997]

Well i think i will just stay put and wait for an update on my application! With what you said if there is no way to expedite it then he was not telling the truth. He said we will first send an web form attaching my affidavit asking them to speed the process up, then check with local mp and send a demand letter! That’s it. For now ill save my money and wait for an update. Thank you for the help , really appreciate it

 

[Naturgrl]

Well i think i will just stay put and wait for an update on my application! With what you said if there is no way to expedite it then he was not telling the truth. He said we will first send a web form attaching my affidavit asking them to speed the process up, then check with local mp and send a demand letter! That’s it. For now ill save my money and wait for an update. Thank you for the help , really appreciate it

You can send a webform yourself with documentation asking them to speed up the process, and contact local MP. MP doesn't have power and may not do anything.

 

[azeemabdul1997]

You can send a webform yourself with documentation asking them to speed up the process, and contact local MP. MP doesn't have power and may not do anything.

Sure ill do that, apart from mentioning to take my application as priority do you think i should any other information? like “currently i stopped working”? Because in my letter of explanation of my second work permit application i did attach my walmart paystub. Should I explicitly mention that i was not aware of the process that am supposed to wait until work permit approval and then enter canada?
Should i also add restore status form ?

 

[Copingwithlife]

Well i think i will just stay put and wait for an update on my application! With what you said if there is no way to expedite it then he was not telling the truth. He said we will first send a web form attaching my affidavit asking them to speed the process up, then check with local mp and send a demand letter! That’s it. For now ill save my money and wait for an update. Thank you for the help , really appreciate it

Listen I worked for the Federal Government. There is NO WAY an MP can expedite , or influence a decision.
They can check the status , but that’s it .
It is against the law

In both departments I trained in we were advised that the MP stay in their lane .

More so Government departments get extremely annoyed and I’m being polite when MP overstep their grounds.

That department can complain internally when an MP attempts to do that . MP’s aren’t Gods. They are just elected officials.

In a nutshell your lawyer is stringing you along and looking for money

 

[azeemabdul1997]

Listen I worked for the Federal Government. There is NO WAY an MP can expedite , or influence a decision.

More so Government departments get extremely annoyed and I’m being polite when MP overstep their grounds

That department can complain internally when an MP attempts to do that . MP’s aren’t Gods

It’s called undue influence.

I absolutely got it, sorry if I offended you in any way!

 

[Copingwithlife]

I absolutely got it, sorry if I offended you in any way!

Not offended

I don’t want you to get your hopes up and end up paying tons of money for nothing

Some lawyers shouldn’t be in the lawyering business

Good luck