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Canadian immigration regulations, particularly regarding Post-Graduation Work Permits, can be strict and complicated. While maintaining continuous full-time study status is typically mandatory, there is room for flexibility under administrative law, as demonstrated by our recent successful case at SAAB Immigration.

Understanding PGWP Eligibility

The standard eligibility for a PGWP requires international students to:

• Complete a program of study that is at least 8 months long from an eligible institution.
• Maintain continuous full-time enrollment in their studies.
• Maintain valid immigration status throughout the duration of their studies.

Failing to meet these criteria typically results in PGWP ineligibility. However, administrative law provides immigration officers with discretionary powers in special circumstances.

The Situation Explained (STAR Approach)

Situation:

Our client faced significant challenges during his “Business – International Business” program at Conestoga College, resulting in unavoidable backlogs and course scheduling issues. As a result, he was enrolled part-time during two semesters and did not maintain full-time student status as required. Additionally, the client’s Study Permit expired at the end of March 2024, but he continued attending college classes into April 2024 and also continued working beyond the permit’s validity. This meant he did not meet the standard eligibility criteria for a Post-Graduation Work Permit

Task:

After consulting multiple immigration professionals and receiving advice ranging from asylum applications to unethical practices, he sought our assistance as a final resort, exactly on the 90th day after losing status.

Action:

At SAAB Immigration, we conducted a thorough analysis of his situation, developed a robust submission based on factual evidence, relevant case laws, and principles of administrative law. We emphasized his genuine intention and transparent disclosure of his situation to IRCC.

Result:

The careful presentation of facts and administrative law principles led to a favorable decision by IRCC. The PGWP restoration was approved on March 28, 2025, highlighting the flexibility officers have under administrative law principles.

Administrative Law Principles: Beyond the Rule Book

Case laws and Supreme Court mandates clearly articulate the discretion IRCC officers possess to evaluate situations beyond strict regulatory frameworks. These principles allow officers to apply humanitarian and compassionate considerations, providing a crucial safety net for genuinely affected students.

This Isn’t the Only Success

We’ve successfully handled multiple cases similar to this, proving repeatedly that understanding and properly utilizing administrative law principles can turn seemingly impossible cases into victories. Read more about how seemingly dead-end situations are not the end after-all, all real cases handled by our office.

• Case Study 1: Study Permit Refusal Due to Career Progression Concerns
• Case Study 2: Overcoming Refusal of Spousal Open Work Permit Application through Reconsideration
• Case Study 3: Successfully Overturning a Spousal Sponsorship Refusal Due to Common-Law Misinterpretation
• Case Study 4: Overcoming a Decade-Old Spousal Sponsorship Refusal
• Case Study 5: Post-Graduation Work Permit (PGWP) Approval Despite Ineligibility
• Case Study 6: Judicial Review for Express Entry Refusal Due to Employment Letter Issues
• Case Study 7 : OINP Nomination Extension & Transfer – Overcoming Challenges Through Persistence

Act Now: It May Not Be Too Late

If you find yourself within 90 days of status restoration and facing similar issues of interrupted studies or lost immigration status, don’t despair—options might still exist for you. At SAAB Immigration, we provide transparent, expert advice without resorting to unethical shortcuts.

Contact Dikshit Soni at SAAB Immigration today at +1 (877) 683-7222 (SAAB) or email us at hello@saabimmigration.ca for a tailored consultation.