Canada’s Immigration, Refugees and Citizenship Canada (IRCC) has denied a Post-Graduation Work Permit (PGWP) to an Indian student, with the decision upheld in court. The case highlights the strict rules around PGWP eligibility and the risks for international students who do not maintain full-time study status throughout their programs.
The PGWP allows graduates from eligible Canadian institutions to gain valuable work experience in the country. However, IRCC specifies that students must maintain full-time status during each semester of their program, except for the final semester where part-time study is permitted.
In this case, the student was enrolled part-time during a fall semester that was neither a scheduled break nor their final term. As a result, IRCC refused the PGWP application. When challenged in court, the judge ruled in favour of IRCC, confirming that the student did not meet the required conditions.
PGWP Eligibility Requirements
To qualify for a PGWP, applicants must:
Graduate from a PGWP-eligible designated learning institution (DLI) with a program of at least 8 months.
Maintain full-time student status in Canada during each semester, except the final one.
Apply within 180 days of receiving confirmation of program completion.
Hold a valid study permit at some point after program completion and before applying.
Students who are denied a PGWP may still qualify for other types of work permits, such as employer-specific permits or open work permits, depending on their circumstances.
This case serves as a reminder for international students to carefully follow PGWP requirements and seek guidance early to avoid risking their post-study work opportunities in Canada.
