Archive for category: Work Permits

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Success: PGWP (Part-time studies)

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International students who submit Post-Graduation Work Permit (PGWP) applications are subject to strict rules. The rules for the PGWP were amended in 2025 and then IRCC made additional changes to the program in 2026. There has been significant confusion regarding the new rules and we have heard from students that many PGWP applications are being refused. The recent protest in Calgary and the subsequent arrest of some graduates was related to the changes to the PGWP program. 

In this case, our client faced a difficult situation. PGWP applicants are generally expected to maintain full-time student status during each academic session, subject to limited exceptions. Part-time semesters can therefore create significant concerns when IRCC assesses PGWP eligibility and part-time studies can lead to a refusal.

This was the central issue in our client’s case.

Our client came to Canada from India in October 2021 to study at a university in Montreal, Quebec. He successfully completed a Bachelor of Arts in Economics in May 2026; however, his academic record included part-time semesters in Fall 2022 and Winter 2023, creating a significant potential issue for his first PGWP application. It could have been refused.

ACADEMIC HISTORY AND PART-TIME STUDIES

Our client faced significant academic challenges while adjusting to life and studies in Canada, which resulted in Failed Standing at the end of the 2021–2022 academic year. He was subsequently readmitted under Academic Probation.

As a condition of his readmission, the university required him to study part-time, with a maximum course load of nine credits for two consecutive semesters. His part-time enrollment was therefore not a voluntary decision.

After improving his academic standing, he was permitted to resume full-time studies in August 2023 and successfully completed his degree in May 2026.

LEGAL STRATEGY

Our client contacted Clarke Immigration Law in May 2026. He knew that his PGWP could be refused and he did not want to risk losing his status in Canada. A lawyer at CIL met with him to discuss his legal options. After reviewing his academic and immigration history, we identified the part-time semesters as the primary issue. He retained our office to assist him to prepare and submit his PGWP application, including a detailed explanation – Statutory Declaration.

Our application provided IRCC with the broader context behind his academic record, including his ADHD-related difficulties, Failed Standing, Academic Probation, the university-imposed nine-credit restriction, and his efforts to return to full-time studies.

We prepared a detailed Statutory Declaration, supported by academic and medical documentation, to provide a clear and chronological explanation of the circumstances.

APPLICATION TIMELINE

  • October 2021 – Client arrived in Canada as an international student
  • Fall 2022 / Winter 2023 – Part-time studies under Academic Probation conditions
  • August 2023 – Permission granted to resume full-time studies
  • May 5, 2026 – Consultation with Clarke Immigration Law, retainer signed
  • May 2026 – Bachelor of Arts in Economics completed
  • June 26, 2026 – PGWP application submitted
  • July 7, 2026 – PGWP approved

PGWP APPROVED IN ONLY 11 DAYS

Despite the concerns created by his part-time academic history, our client can now move forward and gain valuable Canadian work experience.

Every immigration application is assessed individually, and outcomes cannot be guaranteed. However, this case demonstrates the importance of identifying potential eligibility concerns before submission and addressing them directly with clear explanations and supporting evidence.

Part-time studies, gaps, academic probation, medical circumstances, or other complications in an academic history can create concerns in a PGWP application. Applicants should not assume that IRCC will automatically understand the circumstances shown on their transcript.

If your academic history is complicated, obtaining professional advice before submitting your PGWP application can help identify potential risks and determine how they should be addressed.

 

Success: Visitor Record while PR application in process

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At Clarke Immigration Law, we regularly assist individuals who need to maintain lawful status in Canada while pursuing permanent residence through family sponsorship. While that application is in process, we do our best to ensure our clients remain in status up to the point they are granted PR. We want to commend Michelle for working with this family and all the time she spent on this file.

In a recent matter, our office represented an individual whose work permit extension application was refused while transitioning to permanent residence through an in-Canada spousal sponsorship application under the Spouse or Common-Law Partner in Canada (SCLPC) class.

Following the refusal, the client required restoration of status to remain in Canada lawfully while awaiting a decision on their permanent residence application. We are pleased to report that Immigration, Refugees and Citizenship Canada (IRCC) approved the restoration application and issued a Visitor Record valid for approximately two years.

BACKGROUND

Our client came to CIL with a complex immigration history. She had been in a spousal relationship that broke down. She has a child from that relationship. She then connected with a Canadian citizen and they got married. Her former partner applied for PR status based on an Economic Class application and he included their child in that application.

The case involved several important factors:

  • Client has a complex history with her former partner;
  • CIL was retained to prepare and submit a spousal sponsorship permanent residence application inside Canada;
  • Client (self-represented) applied for a work permit extension application and that was refused;
  • Client was within the 90-day restoration period permitted under IRCC regulations;
  • It is recommended the applicant remain in lawful status while awaiting processing of a permanent residence application; and,
  • Family circumstances that supported the client’s continued temporary residence in Canada during processing.

As many applicants discover, processing times for in-Canada spousal sponsorship applications can be lengthy. Maintaining valid temporary resident status during this period is recommended.

HOW WE HELPED

The team at CIL was retained to assist the client with maintaining lawful status in Canada while preparing and pursuing permanent residence through the SCLPC application.

Unfortunately, CIL was not retained for the work permit extension application and that was refused. Client advised that she read on social media that her work permit could be extended and she wanted to give it a try. This, of course, was a bad decision and it could have led to serious issues. Thankfully, IRCC processed the application quickly and our client was within the 90 day period. We have warned clients that IRCC procedures have significantly changed and social media is not a good source of accurate information. 

To fix the situation, we prepared and submitted a Restoration of Status application requesting a Visitor Record.

Our team carefully reviewed the client’s circumstances and prepared a comprehensive application supported by relevant documentation. Given the anticipated processing time for the permanent residence application, we also requested a longer-duration Visitor Record to provide stability while processing continues.

By ensuring the application was complete and properly supported, we were able to present a strong application aligned with current immigration requirements.

TIMELINE

  • May 2025 – Client retained CIL to assist with immigration planning and status maintenance
  • October 2025 – In-Canada Spousal Sponsorship (SCLPC) permanent residence application submitted
  • November 2025 – Work permit extension application refused (CIL was not retained for this application.)
  • Within the restoration period – Restoration of status and Visitor Record application submitted
  • April 2026 – Restoration approved and Visitor Record issued.

OUTCOME

The restoration application was approved, and IRCC issued a Visitor Record valid until February 2028.

The approval allows the client to remain lawfully in Canada while awaiting a decision on their permanent residence application.

With lawful status secured, the client can remain in Canada while awaiting further processing of the spousal sponsorship application. Once an AOR is issued, the client may also be eligible to apply for an open work permit, subject to meeting current IRCC requirements.

The extended validity period provides meaningful stability and reduces the need for multiple future applications while permanent residence processing continues.

TAKEAWAY

A refusal of a work permit application does not necessarily mean that an individual must immediately leave Canada. Depending on the circumstances, restoration of status may be available, allowing a person to regain legal status and remain in Canada while pursuing other immigration pathways. It is imperative that applicants seek professional guidance as soon as they receive the IRCC refusal. 

Applications involving restoration of status, Visitor Records, dual intent, and in-Canada spousal sponsorship often require careful planning and well-supported submissions. Every case is unique, and outcomes depend on the specific facts and circumstances involved.

At CIL, we help clients navigate complex immigration situations with practical, strategic, and results-focused representation designed to maintain lawful status and family unity while longer-term immigration goals are pursued.

 

Success: SOWP (45 days)

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The team at Clarke Immigration Law (CIL) assists many sponsors and applicants apply and obtain work permits while their permanent residence applications are being processed by IRCC. This is a win-win situation. Our clients are able to work and support their families while Manitoban businesses benefit from this work. We need skilled workers and most applicants want to contribute to the economy.

In this matter, our client had submitted an inland spousal sponsorship application under the Spouse or Common-law Partner in Canada (SCLPC) Class and he has been waiting for IRCC to process the permanent residence application.

CIL was retained to prepare and submit a Spousal Open Work Permit (SOWP) application on behalf of the application. We submitted the package to IRCC from inside Canada to request work authorization and our package was approved in 45 days only. Average processing time at IRCC is 171 days.

Key Timeline

  • November 2025 – Client entered Canada and married a Canadian citizen
  • March 2026 – Inland spousal sponsorship application submitted
  • April 2026 – SOWP application submitted while the client maintained valid temporary resident status
  • May 2026 – Application approved in approximately seven weeks, with a two-year Open Work Permit issued (valid until May 2028)

Outcome

The approval allowed the client to work in Canada while the permanent residence application remains in process, providing greater stability and flexibility as the family continues building its future in Canada.

Supporting Families Through the Immigration Process

For many couples, obtaining work authorization during the processing of a spousal sponsorship application is an important milestone. The ability to work can provide greater financial stability, professional opportunities, and flexibility while awaiting a permanent residence decision.

At Clarke Immigration Law, we are committed to helping families navigate the Canadian immigration system with practical, efficient, and results-focused representation.

Success: PGWP (Change in DLI)

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IRCC Minister Diab has made it clear that she wants many international students and temporary foreign workers (TFWs) to leave Canada. Based on her most recent report, she has instructed IRCC Officers to heavily scrutinize applications and limit immigration options. The Canadian immigration system has changed radically since 2024. Students and TFWs who rely on policies and procedures pre-2024 are being refused in record numbers. From her report:

the Government is committed to reducing Canada’s temporary population to less than 5% of the total population by the end of 2027.

During these difficult times, it is imperative that applicants find good immigration lawyers to help with their applications. Today, we can share a difficult situation from a client who decided to switch study programs. He started at a DLI and then made the difficult decision to change to another DLI. These situations often lead to refusals when the applicant applies for the PGWP. With our help, our client got a positive result and he is able to work. We will continue to support our client in his path to PR status.

ACADEMIC HISTORY AND PROGRAM TRANSITIONS

Upon his arrival in Canada in December 2023, our client initially enrolled in the Nursing Sciences program at University 1 at the University of Manitoba. However, due to significant personal hardships encountered shortly after his arrival, he was unable to begin the program.

He subsequently enrolled in the Business Management program at Red River College. After completing one semester, he determined that the program did not align with his long-term career goals and voluntarily withdrew on December 7th, 2024.

To pursue a career path more consistent with his interests in healthcare, he enrolled in the Health Care Aide and Health Unit Clerk program, which he successfully completed on January 21, 2026.

To be eligible for a PGWP, international students must complete an eligible program of at least eight months at a Designated Learning Institution (DLI).

LEGAL STRATEGY: PGWP Application

Our office was engaged in December 2025 to assist the client with securing a Post-Graduation Work Permit (PGWP) after the successful completion of his studies and subsequent program adjustments.

Following a detailed assessment of the file, it was confirmed that the client maintained valid status in Canada, and no restoration application was necessary. Our strategy was therefore focused on preparing and submitting a strong, well-documented PGWP application, clearly addressing all relevant aspects of the client’s academic record and program changes.

The application was submitted within the prescribed 180-day period following completion of studies, in full compliance with Canadian immigration requirements.

BUILDING A STRONG PGWP APPLICATION

A successful PGWP application requires more than simply submitting academic documents. In cases involving program changes, it is essential to establish a clear narrative supported by credible evidence.

In January 2026, our team prepared a comprehensive application package that included a detailed explanation of the client’s circumstances, supporting academic records, enrollment documentation, and legal representations addressing the program and institution changes.

The objective was to demonstrate that the client had continuously pursued his studies in good faith and that every academic decision was supported by legitimate personal and professional considerations. The complete application package was submitted in February 2026.

PGWP APPROVAL

We are pleased to share that the application was approved in May 2026.

IRCC reviewed the additional documentation prepared and submitted by our office and granted our client a one-year Post-Graduation Work Permit (PGWP).

Despite the various factors involved in the client’s academic history, the successful outcome highlights the quality of the work and guidance provided throughout the application process.

PROCESSING TIME

  • IRCC Work Permit inside Canada processing time: 201 days
  • PGWP processing time: Several months, according to similar cases
  • Our client’s processing time: Approximately 3 months

This highlights how a well-prepared PGWP application significantly impacts processing efficiency.

APPLICATION TIMELINE

  • December 2025– Consultation
  • January 2025– Client retained CIL to prepare and submit the PGWP application
  • January 2026– Full file review and preparation of supporting documentation
  • February 2026– PGWP application submitted
  • May 2026– PGWP approved

RECOMMENDATIONS

Applications involving academic changes require a clear and strategic presentation of the applicant’s study record. Any variation in program structure or academic progression should be fully documented and explained within the application framework.

The objective is to ensure that the decision-maker can clearly understand the continuity and legitimacy of the studies, supported by consistent documentary evidence.

Strict attention must also be paid to the statutory requirement of filing within 180 days of program completion.

A well-prepared submission minimizes ambiguity and enhances the overall strength of the case.

Many international students worry that changing programs, transferring institutions, or adjusting their career plans may negatively affect their eligibility for a Post-Graduation Work Permit. While these situations can add complexity to an application, they do not necessarily prevent approval.

This case illustrates the importance of presenting a clear, credible, and well-documented explanation of an applicant’s academic journey. When educational decisions are properly contextualized and supported by evidence, even a non-linear pathway can lead to a successful PGWP outcome.

Success: PGWP (academic part-time semesters)

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The current IRCC Minister has announced the priority of the Canadian government is to reduce the temporary status population to below 5%. That means that many international students and temporary foreign workers (TFWs) will be forced to leave. The Liberal government has passed laws and regulations to limit access to programs across the board. They have also increased the ineligibility requirements for filing a refugee claim after the passing of Bill C-12. They are refusing applications at an unprecedented rate, even for minor technicalities. Here is a case of a Toronto doctor who wanted to stay in Canada but he’s been refused multiple times. (To be clear, CIL has not had any contact with the doctor and we are not involved in that case in any way.)

The main point for 2026: hire an immigration lawyer. Now, more than ever, it is too risky to file applications to IRCC on your own or with an Immigration Consultant. It is simply too risky.

In the past, immigration lawyers had many more tools to “fix” a messy situation. IRCC has limited those tools and it is increasingly important for Applicants to hire professionals from the start. In this case, we assisted a student who was concerned about their eligibility for a Post-Graduation Work Permit (PGWP) due to a part-time semester early in their university program, along with a complicated immigration history. Our client sought our help at the beginning. He did not try to do it himself. He did not hire an Immigration Consultant. He made a key decision that led to a positive result.

CIL worked closely with this student and, despite these challenges, the application was approved and our client was issued a three-year PGWP – the best possible result!

BACKGROUND

Our client had been studying in Canada for several years and completed a Bachelor’s degree from a recognized university. However, their situation included several complicating factors:

  • A disrupted academic timeline due to COVID-19 travel restrictions
  • Prior immigration refusals before successfully returning to Canada
  • A delayed arrival for one academic term
  • Withdrawal from courses during that semester due to health and adjustment challenges

As a result, the client was not enrolled full-time during that term – an issue that often raises concerns under PGWP eligibility requirements.

According to IRCC, students are expected to maintain full-time status throughout all academic semesters, with limited exceptions.

HOW THE TEAM AT CIL HELPED

For this file, Michelle took the lead and she worked closely with the client. She recognized early on that this case required a careful and well-structured approach. Thankfully, unlike many other files, we did not have to clean up a mess from a previous representative. Less work on our side means that we charge less money to the client. We are happy to keep our fees low, if that saves us time.

Our team conducted a thorough review of the client’s academic and immigration history and prepared a comprehensive application that addressed the concerns raised by their situation. Michelle had to review many documents and provide feedback.

The application focused on clearly presenting the client’s overall situation and academic history, including the challenges they experienced and their subsequent progress. It also demonstrated the client’s continued commitment to completing their studies in Canada.

By ensuring the submission was complete, consistent, and properly supported, we were able to present a strong application aligned with current immigration requirements.

TIMELINE TO GET WORK PERMIT

  • December 2018 – Initial Study Permit issued
  • 2021–2022 – COVID-19 disruptions
  • September 2022 – Return to Canada; difficult first semester
  • 2023–2025 – Full-time studies resumed and completed successfully
  • May 2025 – Program completed
  • Within 180 days – PGWP application submitted
  • March 2026 – PGWP approved (3-year permit issued)

OUTCOME

The application was approved in March 2026, and the client received a three-year PGWP.

The length of a PGWP can be up to three years for programs of two years or more. This allows the client to move forward with full-time employment in a skilled role and continue building their future in Canada.

TAKEAWAY

Many students worry that a single difficult semester could affect their chances and that is true. We have seen many international students who have been refused by IRCC after part time academic semesters. Here are the key takeaways from this case:

  1. Client contacted CIL for the initial PGPW application, without any previous refusals
  2. Client hired an immigration law firm, rather than an agent or immigration consultant
  3. Client provide significant documentation to explain circumstances to IRCC Officer
  4. Team at CIL spent the time and attention to draft strong legal arguments
  5. Client was able to save $$$$ because he came to CIL without any previous IRCC refusals

Outcomes depend on the overall context of the application and the individual circumstances involved. IRCC may consider unique situations when sufficient information is provided.

Every case is different, and a part-time semester does not automatically prevent eligibility. At Clarke Immigration Law, we focus on developing clear and well-supported applications that are carefully prepared to present each case in the strongest possible light.

 

 

Success: PGWP (3 year) after refusal

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At Clarke Immigration Law (CIL), we love helping international students and graduates reach their immigration goals. We have extensive experience dealing with complex immigration challenges, including Post-Graduation Work Permit (PGWP) refusals, study permit complications, and study gaps during academic programs. These cases often require careful legal assessment and a strong understanding of IRCC decision-making. Many international students try to do these applications by themselves and we are seeing an increase in refusals from IRCC.

Students who receive an IRCC refusal face a stressful situation. Canadian immigration rules allow students one chance to fix their situation. Typically, if the applicant receives a 2nd refusal, they may be ordered to leave Canada immediately.

In this case, we assisted the student who had previously been refused a PGWP due to a lengthy study gap during their university studies in Canada. IRCC may refuse the application if they have a lengthy gap in their studies. The student made the right choice and retained CIL to help with the 2nd application. We worked with the client and put together a strong package for the IRCC Officer. After our involvement and hard work, the client was approved and issued a full three-year PGWP, allowing them to begin full-time work in Canada. We love positive results! We got the absolutely best result for our client. Congratulation!

BACKGROUND & MENTAL HEALTH ISSUES

Our client completed a Bachelor’s degree at a recognized university after several years of study as an international student.

The application history included several important factors:

  • A study gap during one academic semester;
  • A prior PGWP refusal related to a significant gap during the study period;
  • Mental health challenges during the academic period; and,
  • A temporary return to the home country during recovery.

PGWP eligibility is generally assessed based on study history, and gaps or interruptions in studies can impact application outcomes.

Many international students face mental health issues. They are in Canada, often with minimal support, separated from family and relatives. IRCC Officers have limited discretionary powers to review these types of issues.

HOW WE HELPED – STATUTORY DECLARATION

Every client at CIL has support from an experienced team of professionals. In this case, our team supported the client through the preparation and submission of a strong package to IRCC. Our PGWP application also addresses all the concerns by the IRCC Officer who refused the initial PGWP application. It is vitally important to not ignore the previous Officer’s decision. Reversing a decision is very difficult.

IRCC recognizes very levels of evidence. Applicants may include a letter of explanation. These are often given low weight. Lawyers have the power to draft Statutory Declarations, that may be notarized and sworn. Sworn documents are often given high weight and may be very persuasive to the Officer.

In this case, we worked many hours with our client to draft a strong Statutory Declaration. We were able to put together a strong application that addressed all the issues with the client’s academic history, study interruption, and situation.

TIMELINE

  • August 2019 – Study Permit issued
  • 2020–2022 – COVID-19 academic disruptions
  • Fall 2022 – Onset of mental health challenges
  • Winter 2023 – Study gap during university program
  • April 2023 – Medical treatment initiated
  • Fall 2023 – Return to studies in Canada
  • June 2025 – Degree requirements completed, student submitted PGWP without professional help
  • August 2025 – First PGWP application refused; client contacted CIL for assistance and booked a basic consultation
  • August 2025 – Client retained the team at CIL to prepare and submit 2nd PGWP application (urgent)
  • Late August 2025 – The team at CIL spent many hours reviewing the IRCC refusal, the applicant’s documents and drafted a Statutory Declaration on behalf of client.
    • CIL submitted the PGWP application through the IRCC Authorized Representative Portal (ARP) (within 180 days)
  • March 2026 – PGWP approved (three-year open work permit issued).

OUTCOME & RECOMMENDATIONS

As noted above, the PGWP application was approved, and the client was granted a three-year PGWP – the maximum work permit allowed by IRCC.

Obviously, our client was extremely happy with the result. The team at CIL got the best positive result after a difficult situation. This approval allows the client to pursue full-time employment in Canada and continue building their long-term career in the country.

CIL was able to achieve this outcome based on the following 3 main points:

  1. Strong STATUTORY DECLARATION
  2. Address the IRCC Officer’s concerns from the 1st refusal
  3. Submit the application through the IRCC ARP to give the application the best possible chance

TAKEAWAY

Each immigration case is assessed individually based on its own facts and circumstances.

At CIL, we assist clients with a wide range of Canadian immigration matters, including PGWP refusals, study interruptions, and PGWP applications.

A prior refusal does not automatically determine the outcome of a future application. With a properly presented case and full consideration of the individual circumstances, positive results may still be possible. Immigration lawyers offer services that are not available to agents or consultants. Lawyers are granted powers that give clients the best possible chance.

Every case is unique, and outcomes depend on individual circumstances and eligibility under IRCC guidelines.

 

Success: PGWP (Part time student) + Restoration

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The vast majority of international students come to Canada with the goal of achieving PR status. As we have reported, we have helped many students successfully go through the steps from Study Permit to PGWP to MPNP to PR status. We love helping students achieve their goals. Alastair Clarke’s father was a professor and his spouse is also a professor. We have strong ties to universities and DLIs.

In this case, our client initially applied for a Post-Graduation Work Permit (PGWP) on their own; however, the application was refused. The refusal from IRCC was based on the Officer’s determination that the client was a part-time student during multiple academic semesters. This is a common problem with many international students and it is very common they fail to properly explain their circumstances to the Officer. The Officer had many concerns regarding our client’s PGWP eligibility.

To review, an applicant for a PGWP application must complete the following:

  • Completed a study program of a minimum of 8 months at a DLI and the program must be PGWP-eligible
  • Provide proof that studies have been completed
  • Comply with language requirements
  • Complete a study program that meets the study program requirements
  • Apply within 180 days of completing study program
  • Confirm valid temporary status
  • Submit relevant supporting documents

To be eligible for a PGWP, international students must meet the above requirements that include completing an eligible program of at least eight months at a Designated Learning Institution (DLI) and maintaining full-time student status. For students who do not meet the above, we help them apply under the limited exceptions.

We have been helping students for many years and we have seen many changes to the PGWP program. In 2026, we have seen a significant increase in IRCC refusals. Many students seek our help to fix their situation after a refusal and we have been successful in most cases.

Restoration of Status & New PGWP Application

In this case, our client’s PGWP application was refused. Following the refusal, the client consulted with our office in December 2025 and retained our services shortly after.

As the refusal also resulted in a loss of status in Canada, the appropriate legal strategy was to submit a Restoration of Status application together with a new PGWP application. Under immigration regulations, restoration must be submitted within 90 days of losing status.

Building a Strong PGWP Application

In January 2026, our team conducted a detailed review of the client’s academic history. Ghislene worked closely with this client and his family to make sure we addressed all the IRCC Officer’s concerns and she worked with our client to draft a strong explanation. We gathered all relevant documentation and prepared a comprehensive explanation addressing the periods of part-time studies, including the specific circumstances surrounding those semesters.

Our goal was to clearly demonstrate that, despite the part-time periods, the client met the intent and requirements of the PGWP program.

The complete application package was submitted in February 2026.

PGWP APPROVAL

We are pleased to share that the application was approved in March 2026.

IRCC reviewed the additional package prepared and submitted by our office and updated the client’s initial application accordingly, ultimately granting our client a three-year Post-Graduation Work Permit (PGWP).

For a case involving both Restoration of Status and a new PGWP application after refusal, this was a remarkably fast processing time compared to similar cases.

PROCESSING TIME COMPARISON

  • IRCC Work Permit inside Canada processing time: 259 days
  • Typical Restoration of Status + PGWP processing time: Several months, according to similar cases
  • Our client’s processing time: Approximately 1 month

This highlights how a well-prepared PGWP application after refusal can significantly impact processing efficiency. We do our best to prepare a strong package so our clients’ applications are approved as quickly as possible.

APPLICATION TIMELINE

  • December 2025– Consultation
  • December 2025– Client retained CIL to prepare and submit the PGWP application
  • January 2026– Full file review and preparation of supporting documentation
  • February 2026– PGWP + Restoration of Status application submitted
  • March 2026– PGWP approved

RECOMMENDATION: What to Do After a PGWP Refusal

If your PGWP application has been refused due to part-time studies, you may still have options.

It is critical to act quickly, as restoration of status must be filed within 90 days. This is a fixed deadline that cannot be extended. If the applicant submits the package after 91 days, it will not be accepted by IRCC. A strong application addressing the reasons for part-time enrollment, supported by proper documentation and legal submissions, can significantly improve your chances of approval.

Seeking professional guidance ensures that your application is strategically prepared, complete, and aligned with immigration requirements.

 

 

Success: AIP & OWP

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The Humanitarian and Compassionate (H&C) application is an option of last resort for foreigners in Canada who have strong reasons to stay in Canada and they have no other choice. This is a long and uncertain process. During extended processing times, we recommend that applicants, whenever possible maintain valid status while their applicatin is process to avoid potential removal (eg. deportation). The team at CIL tried to find creative paths for work authorization from IRCC so they may support their families.

This success story highlights how careful planning and timely applications allowed our client to secure and extend work authorization while awaiting the final outcome of her H&C application.

Background

Our client moved to Canada with her son in 2019. After residing in Canada for several years and establishing strong ties to Manitoba, our office was retained to assist this family. We submitted the H&C application in December 2022. As is common with H&C applications, processing times were lengthy, and the client remained in Canada while awaiting a decision.

Approval in Principle and Initial Work Permit

In July 2024, the client received a positive Approval in Principle (AIP) on her H&C application.

Approval in Principle means that IRCC has completed the assessment of the applicant’s eligibility and humanitarian factors and has determined that the application meets the requirements in principle. While permanent residence is not yet finalized at this stage, AIP allows the applicant to remain in Canada lawfully and, in many cases, apply for a work permit while background and admissibility checks continue.

Our office assisted with the work permit application, which was approved in September 2024, granting authorization to work in Canada until April 2026. This approval provided the client with stability, lawful status, and the ability to support herself and her child while remaining in Canada.

Work Permit (22 days)

The goal of the team at CIL is to make sure our clients have the best chance at success.

  • January 13, 2026 – Work permit extension application submitted
  • February 4, 2026 – Work permit approved, extending authorization until February 2028

The extension was approved without interruption to the client’s ability to work in Canada.

This outcome ensured the client’s continued ability to live and work in Canada while awaiting the final decision on her humanitarian application, providing stability for both her and her child.

This case demonstrates that:

  • Approval in Principle under an H&C application can open the door to work authorization
  • Timely work permit and extension applications are critical during long processing periods
  • Maintaining valid status requires careful monitoring of expiry dates and eligibility
  • Strategic legal support can help avoid gaps in status and employment authorization

If you have an ongoing Humanitarian and Compassionate application and are unsure about work permit eligibility or extensions, professional guidance can be essential to protecting your ability to remain and work in Canada.

Success: PGWP (new rules)

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The team at CIL has helped many international students obtain Post-Graduation Work Permits (PGWP) after they complete their studies. There have been many recent changes to the PGWP program, including new restrictions. We have seen many PGWP refusals from students who are not aware of the new rules and they are not careful.

In this case, our client came to us after a lengthy gap in his studies. PGWP applications may be challenging when a student’s academic history includes gaps or leaves of absence. Even short interruptions may raise eligibility concerns under IRCC rules.

This success story demonstrates how professional help, including strong legal analysis and good evidence, helped secure a PGWP for our client. We were able to help our client explain the reasons for his academic leave, issues with his family and his medical issues. We have to balance the duty to disclose all relevant evidence with our client’s right to privacy. This can be very tricky and it requires extension knowledge regarding how IRCC Officers process Work Permit applications.

Background

Our client arrived in Canada in August 2018 as an international student on a Study Permit. He pursued a Bachelor of Arts with a major in Economics at the University of Manitoba and consistently maintained valid status. He successfully obtained multiple Study Permits from inside Canada; however, he had many issues during his studies and he knew there was a high chance of a PGWP refusal.

Our client did the right thing and sought professional help. He did not wait for a refusal. This was his first Post-Graduation Work Permit application, and he had no previous IRPA violations.

We have helped many students get PGWPs after they finish their studies:

PGWP (PART TIME STUDENT)

PGWP (FAST PROCESSING)

LONG PGWPs

PGWP & RESTORATION

The Challenge – Leave of Absence

In Fall 2022, the client faced exceptional personal circumstances. While studying in Canada, his father experienced serious medical complications requiring emergency hospitalization and ongoing medical care. Due to the severity of the situation and postponed medical procedures, the client made the difficult decision to return to his home country to provide family support.

As a result, he took an academic leave during the Fall 2022 semester. This raised potential PGWP eligibility concerns, as IRCC generally requires continuous full-time studies and closely examines any academic interruptions.

Timeline of Key Events

  • August 2018 – Client arrived in Canada as an international student
  • Fall 2021 – Began Bachelor of Arts (Economics) program at the University of Manitoba as a full-time student
  • October–December 2022 – Temporary return to Bangladesh due to family medical emergency; academic leave during Fall 2022
  • January 2023 – Returned to Canada and resumed full-time studies without requiring a new Letter of Acceptance
  • 2024 – Successfully completed study program
  • March 2025 – PGWP application submitted with statutory declaration and legal submission
  • January 2026 – PGWP approved!

Key Legal Considerations & Our Approach

Clarke Immigration Law conducted a detailed legal assessment to determine whether the academic leave could be treated as “authorized leave” per IRCC policies and regulations. The analysis focused on the duration of the leave, the family medical emergency, and the client’s continuous compliance with study permit conditions before and after the interruption.

Based on these particular circumstances, we argued the leave was temporary in nature, supported by credible medical documentation. Our client promptly returned to Canada and to resume his studies at the DLI. The client completed his degree without further interruptions and maintained valid temporary resident status throughout.

Legal Strategy

Our team prepared a comprehensive statutory declaration and legal submission, directly linking the facts of the case to IRCC policy on authorized academic leave. The submission clearly demonstrated:

  • Our client’s academic leave met the legal definition as authorized leave
  • Our client remained in compliance per study permit requirements (IRPA)
  • No prior refusals or previous immigration violations
  • Our client had a strong academic record and genuine intent to work in Canada and support a Manitoban business.

The case was presented in a clear, structured, and policy-driven manner, allowing the officer to fully understand the context and exercise discretion appropriately.

IRCC accepted the explanation and supporting evidence, confirming that the temporary academic leave did not break PGWP eligibility and met the criteria for authorized leave.

The Result: Post-Graduation Work Permit approved!

Feedback from Client

Our client is, of course, extremely happy that he obtained a positive result. His reply:

Thank you so much for the update. It was a huge relief.. i was so worried. Thank you so much.

Conclusion

This case confirms that a temporary academic leave does not automatically prevent PGWP approval. When a leave is limited in duration, properly explained, and supported by evidence, IRCC may recognize it as authorized under existing policy. Most importantly, this outcome highlights the value of clear legal analysis and well-prepared submissions. PGWP applications are assessed on their individual facts, and presenting those facts accurately and coherently can significantly influence the final decision.

If you are an international student facing concerns about PGWP eligibility, academic gaps, or complex circumstances, professional legal guidance can be critical in protecting your future in Canada.

CBA Conference: Updates from IRCC

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As noted, Alastair Clarke moderated a session at the CBA National Immigration Conference in Victoria, BC. The conference hosted more than 600 immigration lawyers and it was sold out. For certain sessions, the rooms were packed, standing room only. This is an indication of the many changes at IRCC, at CBSA and at the IRB. Many rules have changed. Many policies have expired or been amended. We welcomed Officers from many different programs who provided updates on the changes and they provided tips for professionals.

We cannot provide all the information from the multi-day conference. Each session was extremely focused and we covered many different scenarios. During the conference, Alastair Clarke was able to speak with IRCC Managers at different programs to provide guidance for our clients.

Here are a few key points from various areas of immigration and refugee law:

Changes to Study Permits

  • IRCC has made many changes to Study Permits and these changes have had a significant impact on int’l students as well as DLIs
  • IRCC is focused on reducing the population of temporary residents to below 5% of the population in Canada
  • Int’l students who change DLIs must submit a new SP from inside Canada
  • Study Permits will continue to be DLI specific based on changes in 2024 and Study Permits that include regions (eg. “Any DLI – MB”) are affected by the changes
  • IRCC will continue with the PAL system

Changes to Work Permits

Humanitarian and Compassionate applications

AI Tools and AI-Generated Content

  • IRCC Officers repeated that AI is not making final decisions on applications
  • The Federal Court provided guidance to counsel on the use of ChatGPT and other AI tools
  • NOTE: At CIL, we do not use AI tools, including ChatGPT, at our office

Refugee Claims

  • IRCC is focused on reducing access to the RPD
  • The Strong Borders Act may ban international students who have been in Canada for more than one (1) year from filing a refugee claim
  • There is a significant and growing backlog of cases at the RPD and all regions are affected
  • IRCC did not expect to see such a large increase in refugee claims made by international students

Inadmissibility and Misrepresentation

  • IRCC has seen a significant increase in misrepresentation (A40) and they have issued many PFLs
  • IRCC is sharing information with the USA and other members of the Five Eyes alliance to catch applicants who are not honest

There were many other topics covered at the conference, including LMIA applications, criminality issues, detention reviews and advocacy. We will use all the information covered to benefit our clients and help them navigate our complex system.