Visitor record after study permit expired is refused (PLEASE HELP)

[Yjbby]

Hello. My boyfriend has graduated in April1 2020 and his study permit expired on March 31 2020. He needed to apply for pgwp so in order to apply for pgwp he needed a status until he receives his graduation letter on april 1 so he applied for visitor record and restoration of temporary resident on april 16,2020 but was refused on june 30,2020. Right now we are so devasted and confused because we just received the refusal letter now and it is now passed the 90 days restoration timeline and we dont know what to do since his application for visitor record is refused and we cant get an extension for study permit either. He wants to apply for pgwp but he dont have a status.. what can we do?

 

[primaprime]

Did he not apply for a PGWP while he was on implied status as a visitor? At this point he should probably plan to apply for a PGWP from his home country.

 

[jweekend]

Hello. My boyfriend has graduated in April1 2020 and his study permit expired on March 31 2020. He needed to apply for pgwp so in order to apply for pgwp he needed a status until he receives his graduation letter on april 1 so he applied for visitor record and restoration of temporary resident on april 16,2020 but was refused on june 30,2020. Right now we are so devasted and confused because we just received the refusal letter now and it is now passed the 90 days restoration timeline and we dont know what to do since his application for visitor record is refused and we cant get an extension for study permit either. He wants to apply for pgwp but he dont have a status.. what can we do?

Aren't you supposed to extend your study permit before it expires?

 

[Yjbby]

Did he not apply for a PGWP while he was on implied status as a visitor? At this point he should probably plan to apply for a PGWP from his home country.

His lawyer did everything for him so he dont know what process it was like but i think his lawyer messed up because she thought he needed to get the visitor record first to apply for pgwp

 

[primaprime]

Now that I'm reading your post again I see he indeed didn't apply for anything before his study permit expired, which is likely the problem. This is also why I caution against using a lawyer, as you're trusting someone else to do things properly even though all the pertinent information is online:

Applicants may apply for a PGWP from within Canada if

• their study permit is still valid
• they have a valid visitor record because they changed their status to visitor status before their study permit expired, while waiting for their notice of graduation from their institution, or simply to remain in Canada. However, they would not be eligible to work while waiting for a decision on their PGWP application as per paragraph R186(w)
• they are on implied status, meaning they submitted an application to extend or change their status to visitor or student before the expiry date of their study permit and no decision has been made

Applicants whose study permit becomes invalid or expires must either

• leave Canada and apply for a post-graduation work permit from overseas, or
• apply to restore their status as a student by applying for a PGWP with the correct fees ($255) and paying the fees to restore their status as a student ($350)

I think his only option at this point is to leave Canada and apply from his home country.

 

[Yjbby]

Aren't you supposed to extend your study permit before it expires?

he graduated at that point so he couldnt extend his study permit

Now that I'm reading your post again I see he indeed didn't apply for anything before his study permit expired, which is likely the problem. This is also why I caution against using a lawyer, as you're trusting someone else to do things properly even though all the pertinent information is online:



I think his only option at this point is to leave Canada and apply from his home country.

okay.. i guess thats our only option. If he apply it from his home country, do you know roughly how long it takes to get the pgwp? i've been reading forums online and some people even took 9 months to receive their pgwp.

 

[primaprime]

Processing times are all over the place lately. If he already gave biometrics for a previous application it might be shorter, but they could also be prioritizing inland applicants.