By Laura Schemitsch, Canadian Immigration and Refugee Lawyer, Heron Law Offices
Heron Law Offices was recently retained to assist an international student following the refusal of their Post-Graduation Work Permit (PGWP) application, resulting in an immediate loss of status.
To be eligible for a PGWP, applicants must meet the following general eligibility requirements:
- Completed a program of study at a PGWP-eligible designated learning institution that was at least 8 months long (or 900 hours for Quebec programs)
- Maintained full-time status as a student in Canada during each semester of the study program
- Part-time studies are permitted during the final semester
- Apply for a PGWP within 180 days of receiving confirmation of program completion
- Hold a valid study permit at some point during the 180 days following the completion of the program
Unfortunately, before the client reached out to us, our client was unable to maintain full-time status during every semester due to personal circumstances and tried to explain the circumstances in their PGWP application. The Applicant relied on the Federal Court case in Sugagata, in which Justice Grammond allowed the Applicant’s application for judicial review of their refused PGWP application on the basis that the officer failed to consider their specific circumstances. Despite strong evidence in support provided by our client’s initial representative, the application was still refused.
As a result of the refusal, the Applicant faced an immediate loss of status and separation from their partner in Canada. With our assistance, the Applicant successfully pursued a restoration application with a new study permit application after they were accepted to a PGWP-eligible program within the 90-day restoration period. The restoration application was accepted within six months of the PGWP refusal.
If you have experienced a recent immigration application refusal or for more information about applying for your PGWP, please contact info@heronlaw.ca for a consultation.