Court Upholds PGWP Denial for Non-Final Semester Part-Time Status

(CANADA) A Canadian court has upheld a Post-Graduation Work Permit (PGWP) refusal after a foreign student studied part-time during a non-final semester, confirming that part-time status outside the last term leads to PGWP denial. The decision reinforces Immigration, Refugees and Citizenship Canada’s strict rule that only the final semester may be part-time. The case, decided this month, affects thousands of international students who depend on the PGWP to transition into the workforce in Canada 🇨🇦 after graduation.

According to the ruling, the student’s Fall term was neither a scheduled break nor the final semester. On that narrow but decisive point, the court sided with IRCC: the applicant did not meet the full-time enrollment requirement and was therefore ineligible. With the decision, the court signaled there is little room for exceptions when the regulation is clear.

What the PGWP is and why this matters

The PGWP allows graduates from eligible schools to work in Canada after finishing their programs. It is an open work permit, meaning graduates can work for most employers and switch jobs freely. But the rules are strict: one missed condition can end the application.

In this case, part-time study during a non-final term triggered the refusal and ultimately the court’s approval of IRCC’s stance. VisaVerge.com reports that similar outcomes are common when students assume a single part-time term “won’t matter,” only to learn the program rules do not allow that flexibility.

IRCC’s policy is unambiguous: maintain full-time status every academic semester unless it is the final semester.

The court noted the applicant’s situation did not fall under a scheduled break or any recognized authorized leave. Because the term was not the last one, part-time enrollment could not be excused. The decision underscores the importance of course planning for international students from the first day of their programs, not only near graduation.

Policy rules at issue

The case turns on well-known conditions for PGWP eligibility. The following requirements remain central to any application:

• Full-time status each semester: You must keep full-time enrollment throughout your program. The only exception is the final semester, when part-time study is allowed.
• Eligible school and program: You must graduate from a PGWP-eligible designated learning institution (DLI), and the program must meet minimum length rules set by IRCC.
• Deadline to apply: You must apply for the PGWP within 180 days of getting written confirmation that you completed your program.
• Study permit status: Your study permit must have been valid at some point after you finished the program and before you applied for the PGWP.

Recent updates also affect applicants:

• As of November 1, 2024, PGWP applicants must show proof of language ability at CLB/NCLC 7 or equivalent.
• As of February 15, 2024, master’s graduates can receive a 3-year PGWP regardless of program length, if they meet all other rules.
• COVID-era distance learning exceptions ended on September 1, 2024; now, at least half of the program must be completed inside Canada to qualify.

For official policy and definitions, review the official IRCC PGWP page.

How the court applied the rules

In the case before the court, the student’s part-time term fell outside the allowable boundaries. The semester in question was not a scheduled academic break, and the program had not yet reached its final term. That meant the applicant failed a core requirement regardless of grades, work history, or reasons for studying fewer courses.

The court found IRCC’s interpretation correct and reasonable and made clear:

• Part-time study in any semester other than the final one leads to PGWP denial.
• Exceptions exist only where IRCC policy allows them (authorized leave, defined school breaks); none applied here.
• Fairness or hardship arguments are unlikely to overcome a plain rule violation.

Who is most affected

This outcome will hit hard students who:

• Reduced course load to manage work hours, family duties, or health without securing an authorized leave.
• Misread a school’s “recommended” course plan as optional when, for immigration purposes, full-time enrollment is essential.
• Were unaware of the final-semester-only part-time exception until it was too late.

Practical impact and immediate consequences

For international students counting on a PGWP, the consequences of a refusal are immediate and serious:

• No open work permit under PGWP: You cannot receive a PGWP if you fail the full-time enrollment rule.
• Limited alternatives may include:
  • Employer-specific (closed) work permits, if a company can support the application.
  • Certain open work permits under special programs or regions (eligibility varies).
  • Other immigration streams, such as provincial nominee programs or employer-driven pathways — each with separate conditions and processing times.

These alternatives often take longer, may require a job offer or labor market testing, and can be more complex than the PGWP route. VisaVerge.com analysis shows many students who lose the PGWP must quickly reassess timelines, consult school advisors, and seek professional guidance to avoid falling out of status.

Recommended immediate steps for students

The best protection is prevention. International students should take three steps early:

1. Plan your course load with immigration rules in mind, not just graduation requirements.
   • If you want to switch to part-time, ask: Is it my final semester? If not, don’t do it.
2. Keep documentation tidy.
   • Save letters confirming program completion and track the 180-day PGWP application window.
   • Check your study permit validity and any implied status periods.
3. Confirm your school’s DLI and PGWP eligibility.
   • Ask your registrar or international office for written confirmation and compare it with IRCC guidance.

Students should also plan for new requirements:

• Schedule language testing early to meet CLB/NCLC 7 proof by November 1, 2024.
• Master’s students should note the 3-year PGWP rule but remember it does not relax full-time requirements.

Advice for schools and employers

Schools:
– Academic advisors should clearly explain how course load affects immigration status and employment rights after graduation.
– Flag the final-semester-only part-time rule at orientation and during registration.
– When students request part-time study mid-program, discuss immigration risks and authorized leave options.

Employers:
– A PGWP denial can derail hiring plans. Consider:
– Earlier job talks and offer letters timed to graduation dates.
– Contingency planning if a candidate becomes ineligible.
– Exploring employer-specific permits in parallel (noting these usually require more time and paperwork).

Appeals and litigation prospects

Courts generally defer to clear program rules. Unless an applicant can show they met the conditions or qualified under a defined exception, litigation rarely fixes a part-time term taken outside the final semester. If a student faces a temporary crisis, they should:

• Speak with their school immediately.
• Check whether an authorized leave is available and properly documented before switching to part-time.

Key takeaways

• You may study part-time in your final semester only.
• Keep proof that it was your final term (for example, a graduation audit or written confirmation).
• Apply for the PGWP within 180 days of receiving program-completion confirmation.
• Ensure your study permit was valid at some point during that period before you apply.

Students who already face a PGWP refusal still have options — some may find employers willing to support a closed work permit, while others can pursue provincial or other immigration streams. Each route has its own rules and required documents.

The court’s ruling won’t surprise immigration lawyers or school advisors, but it serves as a strong reminder: immigration status and academic plans are tightly connected. One part-time semester taken too soon can erase years of careful planning. The safest approach is to map each term with both graduation and immigration outcomes in mind, and to confirm any change with your international office before you make it.

In the end, the case reaffirms a core message: the PGWP is generous but rule-bound. Full-time study every term—except the last—remains the standard. With stakes this high, international students should plan early, verify rules often, and avoid any move that could later be read as a break from full-time enrollment.