Why was my PGWP issued for a shorter period than I am eligible for based on my program and length of studies?

The most common reasons why a PGWP is refused:

• Studied part-time at some point (not including the last semester, this is allowed).

• Break in studies due to failing a course, a teacher strike, switching schools or programs, extenuating personal reasons, or financial reasons AND did not present the facts clearly to IRCC disclosing the reason for the gap/break in studies.

• Study Permit expired and was out of status when applying, and needed to include the $200 restoration fee and sufficient arguments to IRCC why they should approve and restore your status.

• Outside of the 90-day restoration period (our firm can help).

• Final transcripts not included confirming the “Degree is Conferred.”

• Studied at a non-eligible PGWP school.

• Unauthorized work (worked more than 20 hours a week during school, worked before school started, or worked while not enrolled in school).

• IRCC’s fault, and the visa officer made a mistake (this does happen sometimes).

If your PGWP was refused, it is recommended to retain professional help to re-apply to ensure a strong case is made to get your PGWP approved. 

This is especially important if you have issues with your profile, such as a gap in your studies or have fallen out of status.

After receiving a refusal, not only does your status need to be restored and sufficient explanation provided to IRCC to address their concerns, the PGWP re-application must be submitted within 180 days from when the Study Permit expired. 

If you are outside these 180 days, you must apply for a Study Permit and also a PGWP (and Restoration, if required); in the Study Permit application, an explanation must be provided that a Study Permit is requested to be eligible for the PGWP, as per IRCC laws.

​What if I am outside of the 90-day restoration period?

You cannot apply on your own. IRCC, by default, will refuse your application and state that you are not eligible as you are outside the restoration period. 

Our firm can help individuals in this situation, and we need to use case law from Federal Court that argues the technicalities surrounding the 90-day restoration period day count. 

Without this case law and strong arguments, IRCC will refuse the PGWP application again.

To be eligible for our firm to assist in this situation, you must have restoration days left, according to the day count methodology in the case law. 

The case law argues that the day count starts when an individual is refused an application and falls out of status.  The day count is paused once a restoration application is submitted to IRCC. 

The day count then resumes once IRCC decides until another application is submitted. *Case law must be used to argue this method of day counting to be successful on a re-application of a PGWP.

Why was my PGWP issued for a shorter period than I am eligible for based on my program and length of studies?

It is possible that IRCC made an error in assessment or made an assessment based on the facts presented in your PGWP application. With all the facts, the visa offer can adequately assess and decide. 

This is especially true if your program is unique or accelerated.

If you were issued a PGWP for a shorter duration, you can either:

• Submit a reconsideration request:  this will only work if IRCC reads and considers the request and if IRCC made an error in assessment despite being provided with all the correct facts and evidence.  This process will only be successful if the facts are presented clearly in the original application.  There is also a high-risk IRCC that will not even read the reconsideration request.

• Submitting a new PGWP application with pertinent facts, arguments, and evidence to state your case as to why you are eligible for a PGWP with a longer duration.  This usually is the advised route as an officer will review a new application.

Our Immigration Lawyers can Help:

If you have been refused a Post Graduate Work Permit or wish to apply for one, please get in touch with our firm to get Professional Help. 

We have helped many clients obtain a PGWP after a refusal, often under challenging circumstances.  Our firm specializes in handling complex cases. 

This is our area of expertise.  Please send us a message below to get professional help.

Conclusion:

While facing a denied, rejected, or refused Post Graduate Work Permit, remember that life’s journey is filled with twists.

This moment can be a pivot towards unforeseen opportunities. Reassess, seek guidance, and persist. Success’s path isn’t linear; it’s navigating challenges that fuels growth. Embrace this chance to redefine goals, strategy, and new avenues.

The future brims with promise, awaiting your tenacity to overcome hurdles and fulfill aspirations. Stay persistent, positive, and forge ahead, beyond the current Post Graduate Work Permit setback.

FAQ:

1. Can I apply for a post-grad work permit if I haven’t completed my program yet?

Answer: No, you must complete your program before applying for a post-grad work permit. Otherwise, your application may be denied.

2. Can I reapply for a post-grad work permit if my initial application is refused?

Answer: Generally, reapplication is not allowed. If your application is denied, you may need to explore other options, such as leaving the country or applying for other permits.

3. Can I continue to work while my post-grad work permit application is being processed?

Answer: If your study permit has expired and you’re awaiting a decision on your post-grad work permit, you might not be allowed to work. Working without proper authorization could lead to a denial.

4. Can I appeal the decision if my post-grad work permit application is denied?

Answer: Depending on the circumstances, you might have the option to appeal. However, there’s no guarantee of a successful appeal, and the process can be complex.

5. I made a mistake on my post-grad work permit application. Will my application be denied?

Answer: Minor errors may not necessarily lead to a denial, but providing inaccurate or incomplete information can impact the outcome of your application. It’s important to ensure accuracy.