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If you are an international student who applied for a Post-Graduation Work Permit (PGWP) with a valid study permit and are in maintained status, this topic is of interest to you, as there is a worrying confusion at the Canadian border that may affect your re-entry into the country. The reason?
The border official is linking your maintained status and your ability to work to the Interim Work Authorization Letter. In this blog, I will give you more details of what is going on and also share legal guidelines to defend your right to work and travel while waiting for your PGWP. Let's get started!
Canadian immigration law is clear and has a strong exception for students applying for a PGWP. This relates to maintained status and travel outside the country.
Unlike most work permit applicants (closed or open), students who applied for a PGWP with a valid and current study permit and after submitting the application their study permit expires do not lose their maintained status if they leave and re-enter Canada.
But the problem with the officers is different and has to do with work authorization.
When the person applies for the PGWP, the IRCC system sends them an Interim Work Authorization Letter that has an expiry date, and the most common mistake among border officials is to believe that, once that date has passed, the applicant has been working illegally in Canada.
The reality is that the right to work after that date is not granted by the charter, but by the Act under Regulation 186(w). This regulation allows you to continue working without a permit while waiting for a response from IRCC, regardless of how long the response takes or whether the date of that letter has expired.
At Immiland Law, we received the case of a client who experienced this terrible confusion. Upon attempting to re-enter Canada, a CBSA officer denied him entry, arguing that he could not return because the date of his interim work authorization had expired and, therefore, he had been working illegally. The person, confused and under pressure, was forced to return to his country of origin.
After contacting us, we initiated a plan of action and drafted a letter explaining the situation, with all the necessary arguments to justify his legal re-entry. The client traveled back to Canada, but upon arrival the CBSA officer flatly refused to read the letter.
He argued that, having left the country, he had lost maintained status (which is incorrect for PGWP applicants) and therefore could not re-enter to work. So he set about to take him out of the country again.
In Canada, the law prevails over any "arbitrary" immigration decision. Fortunately, our client asked to speak to another officer, and he did take the time to read our letter and listen to the explanation. Upon reading it, he recognized his mistake and that of the first officer. The law is clear, our client was entitled to continue working and re-enter Canada, even with status maintained by the PGWP application.
If you are in maintained status and you correctly applied for your PGWP, remember that you are entitled to work and are protected by Regulation 186(w).
In addition, you may exit and re-enter Canada without losing your maintained status.
Unfortunately, as this story demonstrates, many border officials are not always familiar with the latest legislation or sections of the Immigration Act, so their best defense is accurate knowledge.
At Immiland Lawwe are here to represent you at every stage of your immigration process. Our CICC regulated consultants and Canadian lawyers are ready to draft your Letter of Explanation, advise you and defend your rights as an immigrant worker. Avoid rejections or deportations due to administrative errors at the border.
Do not let ignorance force you to leave the country. If you need a clear and rigorous defense, contact us and we will be glad to help you.
I hope this topic will be useful in this and other complex situations. Thank you very much for reading, see you in the next blog!
With love,
Immiland Law Professional Corporation
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