This NEW Canada Immigration Rule Is Causing Massive Refusals

Today we're diving into a big and scary topic for many international students in Canada and that is the recent massive refusals of the postgraduation work permits. I have heard about a lot of refusals recently and I started thinking why are they happening and how can you avoid being refused and in the worst case scenario what can you do if your application is refused? That's what this video will be about. So, first, what's going on? On the official site of Immigration, Refugees, and Citizenship Canada, the IRSCA, under the get the right document for PGWP, it says for applications submitted on or after November 1, 2024, proof of language ability, if applicable, is required. It also says that the language test must be valid that is less than two years old at the time of application. The test must cover reading, writing, listening and speaking. Also, for some programs where there is a field of study requirement if you are not in a bachelor's or a master's or a doctoral degree. Now, here's the problem. This is a new requirement. Before November 1st, 2024, the language test were not required for a PGWP application. So since it's new, it has not been updated on the RCC checklist. So because of this, many students didn't realize that this language test proof must be uploaded even if the checklist didn't explicitly ask for it. Unknown to them, language test results can be uploaded to the client information field of the optional documents section even if they are not included in the required document section. Many students have said that the main reason for their refusal is I forgot to upload my language test or there was no clear place to upload it. Now, it is important to reiterate what exactly you must check if you are applying for a post-graduation work permit. If you are planning to apply for PGWP or you already applied, here is a checklist of what to verify. One, eligible institution and program. Your school must be a designated learning institute, a DLI. Your program must be at least 8 months long. And if you started your program after September 1, 2024, then at least 50% of it must be in person in Canada. Also, you must have been fulltime each semester, but there are some exceptions to this. You must also apply within 180 days of confirmation of program completion. You must have a valid study permit during the 180day period. And as from November 1, 2024, a language test is required for graduates of bachelor's, masters, and doctoral degrees, the requirement is English or French with CLB7 or NCLC7 in all four skills. For other college or diploma programs, it's CLB 5 or NCLC 5 in all four skills. The test result must be valid, that is, it must be less than 2 years old when you apply. And please upload the results. Even if there's no explicit language test field in the application form. If you miss any of these, especially your language test results, you risk a refusal. Getting a refusal for a PGWP is very risky, and I'll tell you why in a second. The PGWP is a one-time opportunity. If you are refused, that window for application may be gone. Yes, you might reapply in certain cases, and we'll discuss that in a bit. If you planned to get Canadian work experience after graduation, which many of you do to help with your permanent residency application, a refusal of PGWP can disrupt that plan. Working without the correct permit or after your status expires can damage your record, which may hurt your future PR applications. If you carry on working after a refusal, you risk being out of status, which can lead to you being at the risk of your removal order in the worst case scenario. The knock on effect of a PGWP refusal can be very, very serious. So, what if you have already been refused? What can you do in that case? Well, let's go through what your options are. I'm going to walk you through them step by step. There are two scenarios. You may be in one or the other. Scenario one is that you're still within 180 days of finishing your studies. If your application was refused, but you apply within 180 days of your program completion, you might be able to submit a new PGWP application and include the missing language test. Of course, this is depending on your circumstances. If you applied while you were on a valid status, you may have implied status, which means that you applied and you were working while you were waiting. But once you get that refusal and it's formal, you must stop working immediately. You may also consider submitting an application for restoration of status if that is needed. Now, let's move to scenario two, and that is when it's been more than 180 days since you completed your studies in Canada. This is a trickier situation. Your window for a PGWP may have passed. You might need to change your status to a visitor so that you legally stay in Canada or you leave Canada and apply from outside Canada. You could enroll in a new PGWP eligible program, complete it, then apply for a new PGWP, assuming you meet the eligibility requirement at that time. You may also need to speak to a licensed immigration professional or a lawyer to see if there are exceptional or humanitarian reasons for a walk around. But these are rare and they are not guaranteed. I'm also going to give you some additional alternative pathways that you may consider because the truth is that even if PGWP is refused, you may still have other routes that you can consider. Now, like I said before, you can apply for a visitor record to stay in Canada legally, but you won't be able to work. You can look for employer specific work permits if you get a job offer from an eligible employer. Or you can focus on long-term immigration by exploring permanent residency streams like the provincial nominee program or the express entry, the federal skilled worker program. you may make entry into these programs harder for you. No matter what you do, please keep your record clean. Try to avoid unauthorized work and by all means avoid being out of status because these will damage your future eligibility for permanent residency. In my opinion, the best thing that you can do is to avoid refusal in the first place as much as possible. So, let's move to prevention tips. It's much easier to avoid a problem than to fix it. So, here's a practical checklist for you so that you don't get caught out when you're applying for a PGWP. The first thing is to get your language test in time. Ensure that you choose an accepted test. The options that are available to you are the English language test which is the selfpipe general, the IELTS general or the PTE core. Or you can do the French test which is the TF Canada or the TCF Canada. Ensure that your test result is valid that is less than 2 years old as at the time of application. Upload your language test result when you are submitting your PGWP application even if there is no dedicated slot for it. Use the client information or the optional documents to upload it. Check that your program meets the PGWP eligibility. That's the DI, the length of program that you were studying in person and all of that. Maintain full-time student status with allowed exceptions. and apply within 180 days of your final proof of program completion. Make sure that your study permit was valid in the 180day window before you applied. Avoid unauthorized work or overwork while you await your decision. Keep your passport up to date. Expired passports can cause issues as well. Document everything, your transcripts, your completion letters, your test results. Have it all ready. And if in doubt, consult a licensed immigration advisor. After submission, make sure you monitor the application and respond professionally to any request from IRCC. If you are watching now and you have applied and you are still within that 180 days of finishing your study program, please check if your PGWP application is missing the language test. If yes, please go and send it to RCC via a web form. If you already got a refusal, check and see which scenario you fall into. Are you within the 180 days or have you gone beyond it? Then evaluate the route that we discussed earlier, visitor status, job specific route or a new study program or any other one. If you're unsure of what to do, reach out to a licensed immigration consultant or a lawyer. Mistakes now may cost huge time and money later. Now, please do this for me. Comment PGWP on this video if you want me to pull together a checklist of documents for reapplication after PGWP refusal plus a list of other immigration pathways that you can switch to. Look, I know this is stressful. I mean, you worked hard to study in Canada. You are trying to build a life, a career, and maybe even get permanent residency. And then a policy shift or a missing English test upload trips you up in such a huge way. But like I said before, there are many people that have been affected. So please stay calm. You still have options. Now my contact details are on the screen and in the description in case you have more questions on this issue. You can always reach out to me. And if you are in this situation or you know anyone in this situation, please make sure you share this video with them or leave a comment on what that situation has been like for you and how you have been able to address it. All right. If you found this helpful, hit the like button so that others can see it. Share it with friends who are applying for PGWP or who are about to graduate in Canada. And don't forget, comment PGWP if you want that checklist plus pathway document that I mentioned earlier. I'll drop the link in the next video if I get enough comments. Thank you so much for watching and I'll see you next time. Take care and stay blessed.