Indian Student Loses Court Appeal After Canada Denies PGWP
2 Min Read
An Indian student has been denied a Post-Graduation Work Permit (PGWP) in Canada after both Immigration, Refugees and Citizenship Canada (IRCC) and a federal court ruled that the applicant failed to meet the eligibility criteria. The case highlights the importance of maintaining full-time student status throughout a study programme, a key condition for securing work rights after graduation.
The PGWP, a crucial pathway for international graduates to gain Canadian work experience, requires applicants to complete an eligible study programme at a designated learning institution. To qualify, students must maintain full-time enrolment during every semester of study, with part-time study allowed only in the final semester or during officially scheduled breaks.
In this case, the student in question pursued part-time study during the autumn semester, which was neither a recognised break nor their final term. IRCC ruled that this constituted a breach of the PGWP’s eligibility conditions. The student challenged the decision in court, but the judge upheld IRCC’s position, stating that the requirements were clearly outlined and that the burden of proof rests on applicants to show compliance.
According to IRCC guidelines, international students applying for a PGWP must demonstrate that they:
- Completed a programme of at least eight months at a PGWP-eligible institution.
- Maintained full-time study throughout, except in the final semester.
- Applied within 180 days of completing their programme.
- Held a valid study permit during or after their studies.
The ruling serves as a cautionary reminder to international students in Canada, particularly the growing number of Indian nationals who now make up the largest share of Canada’s foreign student population. Any deviation from full-time enrolment outside permitted circumstances could jeopardise future work opportunities.
Students denied a PGWP may still be eligible for alternative work permits, such as an employer-specific permit or an open work permit, though these carry additional conditions.
The case underscores the strict interpretation of Canada’s work permit regulations and signals that courts are unlikely to overturn IRCC’s decisions unless applicants can show clear compliance with the rules.
Source: FINANCIAL EXPRESS
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