Success: PGWP (3 year) after refusal
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:
- Strong STATUTORY DECLARATION
- Address the IRCC Officer’s concerns from the 1st refusal
- 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.



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