What to Do When Study Permit Expires While Waiting for PGWP

Have you applied for the PGWP, but your study permit has expired? It may cause legal implications, including the inability to work legally, potential deportation, and difficulty obtaining future visas or permits. Therefore, you must know what to do accordingly, your rights, and whether you can stay in Canada and work.

Navigating the procedural complexity of immigration rules and regulatory compliance is vital to a smooth stay as an international student in Canada.

Let's find out what the rules, regulations, and restrictions are!

Why is a Study Permit Important for PGWP?

A study permit is essential for a post-graduation work permit (PGWP) because it means you are authorised to study in Canada, which is also required to qualify for a PGWP. We recommend checking a study permit application guide first in order to proceed to further steps regarding the work permit.

Eligibility criteria related to PGWP study permit status:

• You attended a full-time program in Canada in a program that lasted at least eight months
• You have completed the studies
• You must have a valid study permit when applying for the PGWP

If your study permit expires or is in need of renewal, it may take some time to process your PGWP.

Can I Work on an Expired Study Permit While Waiting for PGWP?

If you apply for PGWP and your study permit expires, you can still stay and work in Canada. Processing of the PGWP can take 80 to 180 days. During this time, you can work, provided you applied before the expiry of your student permit. You have 180 days from the date you complete all the requirements of your degree program to apply for your PGWP.

The legal standpoint regarding working in Canada with an expired study permit states that when your study permit or work permit expires, you are out of status, which doesn’t necessarily mean you must leave Canada immediately because of expiration consequences.

Alternatives or next steps for individuals unable to work due to an expired study permit:

• Consider the extension possibility as soon as possible
• Consider seeking an extension possibility as quickly as possible
• Notify your employer of the situation
• Seek advice from an immigration consultant

Can You Stay in Canada While Waiting for PGWP?

If you're wondering if you can stay in Canada while waiting for your PGWP, you should know that if they approve a post-graduation work permit while you're away, you can enter as a worker. If your work permit is still pending processing, you can enter as a visitor and work without a work permit until the final decision. Status uncertainty can be a bit stressful, especially since you know there is an uncertain outcome. Accordingly, adhere to the following tips below.

It concerns "implied status," which means you can keep your status in Canada while you anticipate a decision on an application, such as a PGWP, if you applied before your current status expires.

Guidelines for maintaining legal status pending PGWP approval:

• Submit a PGWP application if the study permit is nearing expiration
• Make sure you don't leave Canada until the PGWP is granted so you don't risk re-entry and legal ramifications
• Carry financial proof of submission of the PGWP application

Can You Hold a PGWP and a Study Permit?

According to International Experience Canada (IEC), you can hold both permits simultaneously. You can apply for a work permit even if you have a valid study permit and vice versa.

Exceptions or unique circumstances where holding both permits may be possible or beneficial include:

• If you want to continue the program after finishing the first one
• If you complete one study program and decide to continue with another program at a different level

Regulations and Restrictions

Regulatory adherence during the transitional phase from a study permit to a PGWP implies:

• You have completed a program of study at a designated learning institution (DLI) in Canada that lasted at least eight months
• You have had full-time student status during each academic session of the program, except during vacations
• You have received a program completion notice from DLI

You can work full-time while your PGWP application is under review if you meet specific criteria. However, if you don't have implied status, you should not work until you receive your PGWP.

During that period, we recommend staying inside Canada, as it will be difficult for you to return, considering all the paperwork, bureaucratic processes, and administrative hurdles. You may have to go through a process known as flagpole, which is the process of exiting and re-entering Canada at a land border crossing or port of entry (POE) to apply for a visa. You cross the border specifically to apply for a visa in person.

If something is unclear to you about the requirements, restrictions, or proactive measures, consult an immigration expert.

Can I Apply for Another Work Permit After PGWP Expires?

These are the options available if you want to extend your work status in Canada:

• Program for temporary foreign workers or International Mobility Program
• Express Entry System or Provincial Nominee Program
• Provincial Nominee Program (PNP)
• Atlantic Immigration Program (AIP)
• The Rural and Northern Immigration Pilot (RNIP) 

If your PGWP expires, you can apply for a new work permit under another program or for permanent residence, depending on your qualifications and eligibility.

Key Takeaways

• A study permit is crucial for obtaining a Post-Graduation Work Permit (PGWP) because it confirms your authorisation to study in Canada, a prerequisite for qualifying for a PGWP
• You can work on an expired study permit while waiting for PGWP,  provided you applied for a work permit before your student permit expires
• "Implied status" means that you can maintain your status in Canada while awaiting approval on an application, such as a PGWP, if you applied before your current status expired
• You can hold both permits if you want to continue the program after finishing the first one or if you complete one study program and decide to continue with another program at a different level

To help you navigate immigration regulations, you can always seek professional advice tailored to your specific circumstances. BorderPass can ease your journey, solve doubts, and overcome all implications. Every case is unique, and expert advice can help you make informed decisions to protect your immigration status.

Frequently Asked Questions

How Long Will I Wait for My PGWP?

Processing of PGWP can take from 80 to 180 days.

Factors that can affect duration:

• Completeness of application and accuracy of given information
• High-volume of application
• Medical and security checks take longer than usual
• Having an interview
• Slow responsiveness to information requests quickly

If the processing time exceeds the standard window, the most essential action you can take is to track the status of your application on the Immigration, Refugees, and Citizenship Canada (IRCC) website. You can also check your study permit status.

Can I Continue to Work While My PGWP is Processed?

If you have a valid study permit and have completed your program, you can work full-time while waiting for your PGWP to be reviewed.

To document your employment status while you wait for your post-graduate work permit (PGWP), keep a copy of your PGWP application, proof of submission, and a letter from the employer confirming your employment and weekly hours.

What Are My Options if My Study Permit Expires Before My PGWP Arrives?

If you apply for a PGWP more than 90 days after your completion letter becomes available or after your study permit expires, you can’t work until you receive your PGWP and may have to leave and re-enter Canada to obtain it.

If your study permit expires before you receive a postgraduate work permit (PGWP), you should take the following steps immediately:

1. Stop working until you have submitted your PGWP application 
2. Submit a renewal requirement
3. Apply for visitor records to fight legally in Canada while waiting for the PGWP