PGWP Refused: Reasons for being refused or rejected a Post Graduate Work Permit
 

Post Graduate Work Permit Refused: Reasons Why

Why was my Post Graduate Work Permit (PGWP) denied, rejected or refused?

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 out of status when applying, and did not 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"

  • 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 this 180 day period, 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 just refuse the PGWP application again.

To be eligible for our firm to provide assistance 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 then paused once a restoration application is submitted to IRCC.  The day count then resumes once a decision is reached by IRCC, 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 possbile IRCC made an error in assessment or made an assessment based on the facts presented in your PGWP application.  Without having all the facts, the visa offer is not able to make a proper assessment and decision.  This is especially the case if your program is unique or an accelerated program.

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

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

  • Submitting a new PGWP application with proper 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 contact our firm to get Professional Help.  We have helped many clients obtain a PGWP after a refusal, often in difficult circumstances.  Our firm specializes in handling complex cases. This is our area of expertise. Send us a message below to get professional help.

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