Recently, Immigration, Refugees and Citizenship Canada (IRCC) denied PGWP to an Indian student, forcing the student to take the matter to court. The court decided not to overturn the IRCC ruling and the PGWP was denied to the student.
Here’s what happened that led IRCC to deny the PGWP. Post-Graduate Work Permit allows students who have graduated from eligible schools to gain Canadian work experience. Several eligibility conditions have to be met before getting the PGWP.
One of the key eligibility conditions is that the foreign student has maintained full-time status as a student in Canada during each semester of their study program. At the same time they may study part-time only during their final semester.
PGWP Declined for the Student
The court ruled that to be eligible for a Post Graduate Work Permit, one has to engage in full-time studies at a designated learning institution for all semesters except for regularly scheduled breaks. Further, part-time study was only allowed in the final semester.
The student who took the matter to court was part time in the Fall-period which was not a regularly scheduled break and was not considered a final semester for that student.
Eligibility for a Post-Graduation Work Permit
To be eligible for a post-graduation work permit (PGWP), one must meet all eligibility requirements. The onus is on an applicant to demonstrate that they meet the eligibility requirements for a PGWP.
The IRCC website also describes the general eligibility requirements for a PGWP. The requirements include maintaining full-time status as a student in Canada during each semester of your study program. A recognized exception is studying part-time during your final semester.
To be eligible for a PGWP, an applicant essentially must demonstrate that they:
1. Completed a program of study at a PGWP-eligible designated learning institution that was at least 8 months long;
2. Maintained full-time status as a student in Canada during each semester of their study program, except for the final semester, where part-time study is permitted;
3. Applied for a PGWP within 180 days of confirmation of the completion of their program; and
4. Held a valid study permit at some point after completion of their program, and before submitting their PGWP application.
If you are not eligible for a PGWP, you may still be able to work in Canada after you graduate. If you need a work permit after being declined for a PGWP, you may be eligible for either an employer-specific work permit or an open work permit.