Interim Work Authorization for Expiring PGWP
A client approached us in Fall 2023 about the refusal of their Permanent Residence (PR) Application. The client was originally issued a Post-Graduation Work Permit (PGWP) in 2019, and in August 2022, they received a letter from Immigration, Refugees and Citizenship Canada (IRCC) outlining their eligibility for an Interim Work Authorization under the facilitative measures for foreign nationals with expired or expiring PGWPs.[1]
The letter from IRCC indicated that the client would automatically be issued a new work permit, that they could continue working without a permit, and that no further action was required by the client. Despite this letter from IRCC, the client never received a new work permit, but continued to work, assuming that the letter granted them maintained status as a worker, under the same conditions.
In March 2023, the client created an Express Entry profile, believing they had met the skilled work hour requirement under the Canadian Experience Class. Soon after, they were invited to apply for permanent residence, and the client submitted their PR application. In September 2023, the PR Application was refused on the basis that the client was not allowed to work in Canada due to the expiry of their work permit at the end of 2022.
The client was eventually granted another PGWP extension in January 2024 until June 2024.
Reconsideration Request on the Basis of Misapplied Policy
In October 2023, our office submitted a reconsideration request, explaining that the Officer misapplied the Ministerial Instructions Respecting the Express Entry System[2] with respect to Canadian work experience points, erroneously discounting the client’s work. Specifically, the Officer did not seem to be aware of the client’s Interim Work Authorization, which stated that the client would automatically be issued a new work permit and that they were authorized to work, with or without a work permit. The Applicant had in fact departed and re-entered Canada on visitor status, a material fact that had not been known to IRCC nor to our client, until we thoroughly canvassed their travel history and the timing of IRCC’s letters.
Re-opening Following Reconsideration and Positive Decision
At the end of January 2025, the client’s PR Application was re-opened after being mistakenly told while re-entering Canada that the reconsideration request had been refused. The client was asked to provide updated forms, and we helped the client write a letter of explanation clarifying their personal history, including a period of unauthorized work due to confusion over their status while awaiting a decision on the reconsideration request. The client even left Canada to show their remorse and determination to comply with Canadian immigration laws.
In April, the client received a letter from IRCC stating that their PR application was ready to be finalized. The client re-entered Canada without issue and received their Confirmation of Permanent Residence (COPR) in mid-May.
Even with a Refusal, You May Still Have Options
If you need assistance with a reconsideration request for a refused immigration application, contact Heron Law Offices today to discuss your options.
[1] Immigration, Refugees and Citizenship Canada, “New measures for foreign nationals with expired or expiring post-graduation work permits and applicants to the temporary resident to permanent resident pathways” (last modified 11 September 2024), online: Government of Canada <www.canada.ca/en/immigration-refugees-citizenship/news/notices/measures-post-graduation-work-permits-temporary-resident-permanent-resident-pathways.html>.
[2] Immigration, Refugees and Citizenship Canada, “Ministerial Instructions respecting the Express Entry system” (last modified 25 March 2025), online: Government of Canada <www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system.html>.
