Here's what that subsection w states:
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-186.html
(w) if they are or were the holder of a study permit who has completed their program of study and
- (i) they met the requirements set out in paragraph (v), and
- (ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application.
I suspect if (i) were true, your PGWP would have been approved. Since it wasn't, I wonder if you met the conditions of paragraph (v). Perhaps if you could explain why the PGWP was refused, we would have a better understanding.
Regardless of the exact wording, I think (ii) refers to the PGWP program. I realize it does not specifically say that, but in effect, you would have to be eligible for this authorization. Moreover, once your PGWP was refused, you were no longer covered by this clause.
I met all the requirements for an pgwp. The problem is
Here's what that subsection w states:
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-186.html
(w) if they are or were the holder of a study permit who has completed their program of study and
- (i) they met the requirements set out in paragraph (v), and
- (ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application.
I suspect if (i) were true, your PGWP would have been approved. Since it wasn't, I wonder if you met the conditions of paragraph (v). Perhaps if you could explain why the PGWP was refused, we would have a better understanding.
Regardless of the exact wording, I think (ii) refers to the PGWP program. I realize it does not specifically say that, but in effect, you would have to be eligible for this authorization. Moreover, once your PGWP was refused, you were no longer covered by this clause.
Here is the requirement for PGWP
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html
here is section V
(v) if they are the holder of a study permit and
- (i) they are a full-time student enrolled at a designated learning institution as defined in section 211.1,
- (ii) the program in which they are enrolled is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary level offered in Quebec, in each case, of a duration of six months or more that leads to a degree, diploma or certificate, and
- (iii) although they are permitted to engage in full-time work during a regularly scheduled break between academic sessions, they work no more than 20 hours per week during a regular academic session; or
If you look the eligible institutions, there is this phrase
- a Canadian private institution authorized by provincial statute to confer degrees (i.e., bachelor’s degree, master’s degree, doctorate), but only if the student is enrolled in one of the programs of study leading to a degree, as authorized by the province, and not in just any program of study offered by the private institution.
So I take a program of 2 years from a private institution called Canadian college in BC.
It was and is listed as a designated learning institution, and the program is a post secondary program as indicated by my study permit
Also please noted in order to get a study permit in the first place, you have to studied in an designated learning institution anyway.
The reason my PGWP was rejected was due to the fact that institution did not meet the eligibility.
As you the see, because i did not take a bachelor degree only a associate degree from a Canadian private institution therefore not eligible for PGWP
The PGWP put a high standard on the types of degrees and schools you have to study at.
However, section 186(V) does not have such requirements as the PGWP. So i did meet the requirement of section v
186(W) did not mention any about trying the second time.
The law gives you 90 days
Also on my rejection letter, it states that at time of rejection, whatever status i have still apply regardless of this rejection
Let give an example:
If i applied for PGWP first time, get rejected. And applied again within 90 days under pgwp, and get approved.
my status still as study permit holder until pgwp or any other work permit got approved
Essentially I check everywhere and do not see any clause about the eligibility to work while waiting under the second decision.
I mean if we just look 186(V) and (W) i met all requirements there. The only unknown part is whether it applies to the second time.
