Summary:
- IRCC applies strict interpretation of IRPR s. 220.14 for PGWP eligibility.
- Common mistakes include unauthorized work, missed restoration windows, and part-time semesters.
- Even one gap or mistake can lead to a refusal if not well-explained or documented.
PGWP applications are being refused at a rising rate, often for reasons that could’ve been prevented with better planning or clearer understanding of immigration rules.
Let’s walk through real-life examples and the 5 most common issues we see in refused PGWP or study permit cases and what you can do if you’ve already been refused.
1. Not Maintaining Full-Time Status Throughout the Program
IRPR s. 220.14(1)(b) states that students must maintain full-time status in every academic session, except their final term.
But in real life, things happen:
- A student fails a required course in Semester 2. The failed course isn’t offered until Semester 4, so they skip Semester 3 entirely or only take one elective, becoming part-time.
- Another student loses academic standing due to low GPA, gets placed on academic probation, and is restricted to fewer than 3 courses resulting in a part-time term.
Though they may successfully complete their program later, IRCC often refuses their PGWP because they didn’t maintain continuous full-time status.
2. Working After Study Permit Expiry or While Out of Status
Many students assume that if they apply for a PGWP after their permit expires, they can continue working. But that’s not how it works.
IRPR s.186(w) only authorizes work under a valid study permit while enrolled full-time. If your study permit expires, you lose the right to work—even if you applied to extend your stay.
Example:
- One student forgot to extend their study permit and continued working 20 hours/week for 5 weeks while out of status.
- Another waited over 90 days to restore their status after refusal, assuming they could “figure it out later.”
This unauthorized employment can lead to a PGWP refusal—or worse, inadmissibility under R200(3)(e).
3. Misunderstanding Work Rules During Breaks
Scheduled breaks, such as summer or winter holidays, allow work only if the student is full-time before and after the break.
Problems arise when:
- A student takes an unscheduled break to travel or recover from illness without IRCC or college approval.
- They’re part-time the semester before or after, invalidating their eligibility to work during the break.
IRCC may view this as unauthorized work, which affects future work permit eligibility.
4. Reapplying Without Restoration
If your PGWP is refused and your status has expired, you only have 90 days to apply for restoration (IRPR s.182(1)).
We’ve seen many students who:
- Submit a reconsideration request but don’t file restoration in parallel—missing the 90-day window.
- Receive an LMIA but are unable to apply for a new work permit because their legal status lapsed.
You cannot submit most new applications from within Canada once you’re out of status. Restoration must come first.
💡 Tip:
If your PGWP application is refused and you fall out of status, restoration is still possible, but the process becomes more technical. Under immigration regulations, you can only restore to a status you were previously authorized to hold, not to a brand-new status you never had.
In practical terms, you don’t need a new LOA or PAL just to request restoration—but you must pay:
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the restoration fee, and
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the fee for the status you are restoring to (in this case, a study permit),
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and the PGWP fee, if you are still within the 180-day eligibility window from your program completion.
If you are approaching the 90-day restoration deadline, or if you may be past the 180-day PGWP eligibility period, or if there are concerns about non-compliance under IRPA, it’s important to seek proper advice. If this sounds like your situation, book an appointment with us immediately.
5. Misunderstanding the Role of LMIAs, H&C, or Asylum After Refusal
Just because your PGWP is refused doesn’t mean you can switch to any other pathway without consequences.
Examples:
- A student files an H&C claim hoping it will allow them to stay and work. But IRCC may take months—or years—to respond, and there’s no guarantee of approval.
- Another makes an asylum claim, not realizing it may bar future travel to their home country—even after PR.
- Some students disclose criminal charges late (even if they were dropped). This is still material information and can result in misrepresentation.
Each of these options has serious implications. You must assess them carefully with professional guidance.
What To Do If You’ve Been Refused
If you’ve received a PGWP refusal:
- Act fast to apply for restoration within 90 days.
- File a well-supported reapplication with documents and legal arguments.
- Explore judicial review if you believe the officer made a legal or procedural error.
Examples Where Students Still Succeeded
We’ve helped students who were:
- Part-time for one semester due to illness
- Out of status but applied for restoration and explained the reason honestly
These applications were approved because the students:
- Disclosed the issue early
- Submitted clear documentation
- Made arguments using fairness and proportionality principles (e.g., Baker v. Canada)
Each case is unique. And while IRCC’s criteria may seem harsh, proper documentation and timing can make a difference.
Don’t rely on assumptions. Don’t reapply blindly. And never ignore the 90-day restoration rule.
Need Help With Your Refusal?
If you’re unsure where your case stands or want a second opinion, SAAB Immigration offers consultations with detailed case analysis and real strategy—not guesswork.
📅 Book a 1-on-1 Consultation or call us at +1 (877) 683-7222 (SAAB).
