Can I Apply for PGWP After My Study Permit Expires?

International students in Canada can apply for a Post-Graduation Work Permit (PGWP) to stay in the country and gain valuable work experience after graduation.

To get a PGWP, apply within 180 days of receiving final grades. If the study permit expires, change the status or restore it as a student within 90 days. Fulfill requirements and pay fees for PGWP application to maintain legal status in Canada.

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Understanding immigration policies is crucial for international students hoping to stay in Canada after their studies because:

• The Post-Graduation Work Permit is a one-off opportunity that cannot be extended, emphasizing the importance of timely application.
• Maintaining legal status in Canada post-study is mandatory. Students must act swiftly to restore or change their status if their study permit expires before applying for PGWP.
• PGWP holders can explore various pathways, such as Provincial Nominee Programs (PNPs), to extend their stay in Canada. A strategic approach tailored to individual goals and circumstances is necessary.
• Verify eligibility for PGWP by meeting immigration requirements.
• Complying with guidelines and deadlines is critical for successful immigration.

What is a Post-Graduation Work Permit (PGWP)?
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The PGWP is an open work permit for international students who complete a program at a Canadian DLI. It allows them to gain Canadian work experience and potentially become permanent residents. The permit's validity depends on the program length, ranging from 8 months to 3 years.

Benefits of obtaining a PGWP for international students' career prospects in Canada:

• Work for Any Employer: PGWP holders can work for any employer in Canada without a job offer when applying.
• Unrestricted Hours: The number of hours PGWP holders can work is unlimited, allowing full-time employment.
• Nationwide Employment: The permit will enable graduates to work anywhere across Canada, increasing mobility.
• Experience Accumulation: International graduates can boost their chances of getting permanent residency through programs like the Canadian Experience Class (CEC) by using their Canadian work experience.
• Transition to Permanent Residency: PGWP serves as a stepping stone for graduates aiming to settle permanently in Canada.
• Cultural Integration: International graduates gain additional time to integrate into Canadian society and the labor market.

Challenges When Study Permit Expires Before Applying for a PGWP

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Suppose a graduate's study permit expires before they apply for a Post-Graduation Work Permit (PGWP). In that case, they lose their legal status in Canada, which impacts their ability to work and stay legally in the country.

To mitigate these risks, individuals should consider the following strategies:

1. Apply for a PGWP while their study permit is still valid to ensure a seamless transition and the legal ability to work.
2. Maintain legal status in Canada by applying for a visitor record if their study permit is about to expire and they're not yet eligible to apply for a PGWP.
3. Stay informed about the deadlines and required fees for PGWP application and status restoration to avoid missed opportunities.
4. Seek professional advice from immigration services like BorderPass to help you navigate the complexities of immigration procedures and build a strong application from day one.
5. Prepare application materials in advance to ensure a timely submission before the study permit expiration and to facilitate a quick restoration of status if needed.

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Loss of Legal Status

Once a study permit expires, an individual immediately loses their legal status in Canada. This lapsing status can lead to potential deportation and may disqualify them from being able to apply for a PGWP.

If you find yourself without legal status, there are some immediate steps that you should take:

• Seek legal assistance.
• Apply for restoration of status if eligible.
• Avoid activities that may worsen legal status.
• Keep detailed records.
• Stay informed about immigration policies and regulations.
• Seek support from community organizations and advocacy networks.

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Restoration of Status Requirement

IRCC provides a process to restore legal status in Canada for those who lost it without leaving the country. You must meet the eligibility criteria and submit the relevant forms and documents.

Checklist of documents needed for the restoration application:

• Completed Application Forms
• Valid Passport
• Proof of Reason for Loss of Status
• Proof of Financial Support
• Letter of Explanation
• Biometrics
• Payment of Fees
• Additional Supporting Documents

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Inability to Work Legally

Without a valid study permit or PGWP, graduates cannot work legally in Canada, resulting in lost job opportunities and potential breaches of Canadian immigration law if they continue to work without authorization.

Here are some tips for navigating a challenging situation:

• Seek legal advice.
• Explore alternative income sources.
• Focus on skill development.
• Build support networks.
• Stay informed.
• Stay positive and focused on your long-term goals.

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Time Constraints for PGWP Application

The Post-Graduation Work Permit (PGWP) application process is time-sensitive due to the strict deadlines set by Immigration, Refugees, and Citizenship Canada (IRCC). Graduates must act promptly to ensure their eligibility for the PGWP. Any delays or missed deadlines can result in missed opportunities for work and career growth in Canada.

Timeline and deadlines for PGWP application after study permit expiration:

• Deadline: Submit PGWP application within 180 days of program completion.
• Early Preparation: Begin collecting required documents in advance.
• Submission Method: Apply online or via mail.
• Processing Time: Allow for potential delays.

How To Apply for PGWP with an Expired Study Permit

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To apply for a Post-Graduation Work Permit (PGWP) in Canada after your study permit has expired, follow these steps:

1. Restore your status as a student within 90 days of losing it and pay the restoration fee.
2. Check your eligibility.
3. Collect the required documents, such as your passport, transcript, and an official letter from your school.
4. Fill out the work permit application form IMM 5710.
5. Apply online after creating an account on the IRCC website.
6. Pay the application fee for the PGWP ($255) and the restoration fee ($350).
7.  Wait for a decision and stay in Canada with implied status.

Common Pitfalls to Avoid:

• Missing the 180-day window post-final grades issuance.
• Failing to include the open work permit holder fee with the application fee.
• Incorrectly restoring status: if the study permit expires more than 90 days prior, one cannot apply for a PGWP directly.
• Incomplete or incorrect documentation leads to application delays or refusals.

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Apply for a PGWP Extension

To extend your Post-Graduation Work Permit (PGWP), ensure your passport expires before the PGWP's original validity period. If this is the case, apply for an extension on paper. Ensure you maintain a valid temporary resident status and restore your expired status within 90 days.

The documentation required for a PGWP extension application includes:

• A copy of your passport must be valid for the duration you wish to extend your PGWP.
• Your current PGWP.
• Proof of payment for the PGWP extension application fee.
• A completed form IMM 5710 to change or extend a work permit from within Canada.
• Any additional documents that may support your application or are requested by IRCC.

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Apply to One of the Permanent Residency Programs

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If international graduates in Canada are not eligible for a Post-Graduate Work Permit (PGWP), they can apply for permanent residency (PR) as an alternative to continuing their stay. Several PR programs are available that favor graduates with Canadian education and work experience.

Different permanent residency programs available to international graduates include:

• Express Entry: Eligible individuals may apply through programs like the Canadian Experience Class, which requires skilled work experience in Canada.
• Provincial Nominee Program (PNP): Another way is through PNP, where an individual can be nominated by a Canadian province or territory based on their skills, education, and work experience.
• Atlantic Immigration Pilot: This program could be a pathway for graduates with job offers from employers in Canada's Atlantic provinces.
• Rural and Northern Immigration Pilot: This pilot is designed explicitly for smaller Canadian communities. It entices graduates to live and work in these areas and offers them permanent residence opportunities.

Should You Have a Valid Study Permit in Obtaining a PGWP?

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A common question when applying for a Post-Graduate Work Permit (PGWP) in Canada is whether a valid study permit is necessary during the application process. While a valid study permit is not required to apply for a PGWP, maintaining one can have some benefits.

Benefits:

• Valid study permit before graduation: Students with a valid study permit can benefit from a straightforward PGWP application process at graduation.
• Transition smoothly from studying to working: With a valid study permit; graduates can stay in Canada and begin working full-time immediately after completing their studies while their PGWP is being processed.
• Apply for PGWP immediately after studies: If their study permit has not yet expired, individuals can apply for their PGWP right after they complete their studies.

Key Takeaways

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• Timing: Applicants have 180 days after receiving their final grades or official letter from their educational institution to apply for a PGWP.
• Application Fees: Payment of the open work permit holder fee and the work permit fee is essential and must be done online before applying.
• Legal Status: To avoid complications, one must maintain legal status in Canada, including applying for a visitor record or restoring student status if the study permit expires before applying for the PGWP.
• Eligibility: Graduation from a designated learning institution is required for PGWP eligibility, but it is not automatic; checking the DLI list is critical.
• Restoration: If the study permit has expired, an individual can apply for a PGWP overseas or restore student status at an additional cost.

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Be sure to prepare for your Post-Graduation Work Permit (PGWP) application. Know and follow the immigration regulations before your study permit expires. Check eligibility, pay fees, and maintain legal status.

Simplify the process with BorderPass, which can help you navigate complexities and build a strong case for your PGWP and Permanent Residency application. Stay informed and avoid setbacks.

Frequently Asked Questions

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Can I Work After Graduation Before I Apply for My PGWP?

According to current Canadian immigration policies, you cannot work after graduation until you have applied for and received your Post-Graduation Work Permit (PGWP).

Suppose you wish to work immediately after graduation. In that case, you should apply for your PGWP as soon as possible after you receive your final marks or formal notification of graduation and ensure your study permit is still valid. At the same time, you wait for your PGWP application to be processed.

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How Long Does It Take to Get a PGWP?

The processing time for a Post-Graduation Work Permit (PGWP) can range from 80 to 180 days.

To track the status of your PGWP application, you can use the online tool provided by Immigration, Refugees and Citizenship Canada (IRCC).

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How Many Times Can I Apply for a PGWP?

You can only apply for a Post-Graduation Work Permit (PGWP) once in your lifetime.

There are no exceptions to the one-time application policy for the PGWP. Regardless of whether you complete another eligible program, you won't be able to apply for another PGWP. That's why making the most of your PGWP while it's valid is essential.