Post-graduation work permit

The Post-graduation work permit (PGWP) is an open work permit which allows graduates of eligible programs and institutions in Canada to work for any employer and for any position of their choice upon completion of their studies.

In order to qualify for a PGWP, you must meet all the following criteria published on IRCC’s website (Program Delivery Instructions):

  • Have completed an academic, vocational or professional training program at an eligible institution in Canada that is at least 8 months in duration leading to a degree, diploma or certificate;
  • Have maintained full-time student status in Canada during each academic session of the program or programs of study you have completed and submitted as part of your PGWP application.
    • Exceptions can be made only for the following:
      • leave from studies
      • final academic session
    • Have received a transcript and an official letter from your school confirming that you have met the requirements to complete your program of study.

Leave from studies

The only exception to the requirements of maintaining full-time status during each academic semester, other than for the final academic session, is to take an approved leave from studies.

This leave cannot exceed 150 days (i.e. 5 months) from the date you started your leave and the school must have authorized it.

Furthermore, according to IRCC’s instructions, in cases where a student actively pursued their studies during their leave, it can still be considered as a leave from studies and the student may still be eligible for the PGWP. Taking part-time classes while on leave thus does not invalidate an authorized leave (Drakes v. Canada (Citizenship and Immigration), 2021 FC 1083).

Part-time studies

Other than an authorized leave from studies or having studied part-time in the final academic session, part-time studies can lead to the refusal of a PGWP application.

Recent decisions from the Federal Court of Canada confirmed that IRCC officers’ don’t have discretion to issue PGWPs on compassionate grounds.

In the cases Dunkley v. Canada (Citizenship and Immigration), 2022 FC 892 and Verma v. Canada (Citizenship and Immigration), 2022 FC 1167, the court indicated that IRCC Officers have no discretion to stray away from the Program Delivery Instructions in determining an applicant’s eligibility for a PGWP.

This means that even if students have legitimate compassionate grounds justifying the irpart-time studies, if an IRCC Officer refuses their PGWP application, they will have limited success to overturn that decision.

If you have any questions on your PGWP eligibility, don’t hesitate to contact me.