For thousands of Indian students, studying in Canada is more than just an educational dream—it’s also a pathway to international work experience and, in many cases, permanent residency. One of the biggest advantages of completing a degree in Canada is the Post-Graduation Work Permit (PGWP). This permit allows graduates from eligible institutions to stay back and work in Canada, often serving as the first step toward building a long-term career there.
But recently, a case involving an Indian student has made headlines after Immigration, Refugees and Citizenship Canada (IRCC) denied the student’s PGWP application. The decision was later challenged in court, but the court upheld IRCC’s ruling, making it clear that strict compliance with PGWP rules is non-negotiable.
So, what exactly happened, and why did this student lose the opportunity to gain Canadian work experience? More importantly, what lessons can international students learn from this case to avoid similar setbacks? Let’s break it down.
Why PGWP Matters for Indian Students
Canada has become one of the most sought-after destinations for Indian students. With world-class universities, diverse communities, and attractive immigration pathways, more than 300,000 Indian students are currently pursuing higher education in the country.
The PGWP is especially important because it:
- Provides valuable Canadian work experience – essential for careers both in Canada and abroad.
- Acts as a stepping stone to permanent residency through programs like the Canadian Experience Class (CEC).
- Gives flexibility – graduates can work for any employer, anywhere in Canada.
Given these benefits, losing eligibility for a PGWP can feel like the rug being pulled out from under a student’s entire career plan.
The Case: PGWP Denied to an Indian Student
In this particular case, an Indian student who had completed a study program in Canada applied for a PGWP. However, IRCC rejected the application, citing that the student failed to maintain full-time study status during all semesters of the program.
The student argued the decision was unfair and took the matter to court. But after reviewing the case, the court sided with IRCC, confirming that the denial was valid under Canadian immigration law.
The main reason? The student was enrolled part-time during the fall semester, which was neither the final semester nor a regularly scheduled break.
Understanding PGWP Eligibility Rules
To understand why IRCC was strict in this case, we need to revisit the eligibility requirements for a Post-Graduation Work Permit.
According to the official IRCC guidelines, a student must meet the following criteria:
- Complete a qualifying program
- The program must be at least 8 months long.
- It must be offered by a designated learning institution (DLI) that is PGWP-eligible.
- Maintain full-time student status
- The student must remain a full-time student during each semester of their program.
- The only exception is the final semester, where part-time enrollment is allowed if fewer courses are required to complete the program.
- Apply within 180 days
- The PGWP application must be submitted within 180 days of program completion.
- Hold a valid study permit
- At some point between program completion and PGWP application, the student must have held a valid study permit.
Why IRCC Denied the PGWP
The problem in this case was straightforward:
- The student registered as part-time in the fall semester.
- That semester was not the final one of their program.
- It was also not a scheduled break (like summer vacation or winter holidays).
Since the rules clearly state that part-time studies are only permitted during the last semester, IRCC had grounds to deny the PGWP.
The court reviewed the decision and concluded that IRCC’s interpretation of the law was correct. Therefore, the denial stood.
Lessons for International Students
This case should serve as a serious reminder for Indian and other international students studying in Canada:
- Stay full-time throughout your program
Unless it’s your last semester or a scheduled break, you must remain a full-time student to keep PGWP eligibility intact. - Don’t assume exceptions will apply
Many students think IRCC will make allowances for personal situations or academic difficulties. Unfortunately, immigration rules are rigid, and exceptions are rare. - Seek guidance early
If you’re struggling with your course load or considering switching to part-time, speak with your school’s international student office or an immigration consultant first. - Document everything
Keep records of your enrollment status, transcripts, and communication with your school. These documents can be critical if your PGWP eligibility is ever questioned.
What If Your PGWP Is Denied?
A PGWP refusal is not the end of the road. While it is a setback, students still have other options to remain and work in Canada legally.
1. Employer-Specific Work Permit
If you have a job offer from a Canadian employer, you may be eligible for a closed work permit. This type of permit allows you to work only for that specific employer, under the terms listed in your work permit.
2. Open Work Permit (non-PGWP)
Some graduates may qualify for other categories of open work permits, depending on their circumstances. For example:
- Spousal open work permits (if your spouse/partner is studying or working in Canada).
- Certain pilot programs run by IRCC.
3. Continuing Studies
Another option is to enroll in a new program at a PGWP-eligible institution. Completing another full-time program may allow you to re-apply for a PGWP in the future.
4. Transition to PR Pathways
Some students may already be eligible for permanent residency programs, especially if they have prior Canadian work experience or family sponsorship options.
How to Avoid PGWP Pitfalls
To safeguard your chances of getting a PGWP:
- Verify your institution’s PGWP eligibility before enrolling.
- Maintain full-time enrollment every semester (except your last).
- Avoid unnecessary program gaps or dropping to part-time without advice.
- Apply on time – don’t miss the 180-day application window.
- Keep your study permit valid throughout your studies.
The Bigger Picture: Why Rules Are Strict
Canada’s PGWP program is one of the most generous in the world. Unlike in many countries, graduates can work for any employer without restrictions, and the work experience directly supports immigration applications.
However, with tens of thousands of students applying every year, IRCC enforces the rules strictly to maintain fairness and consistency. Allowing part-time studies outside the final semester could create loopholes, so the government applies a firm stance.
Final Thoughts
The denial of a PGWP to an Indian student—and the court’s decision to uphold IRCC’s ruling—highlights just how important it is for international students to fully understand and comply with Canada’s immigration regulations.
For Indian students dreaming of building a future in Canada, the key takeaway is clear: maintain full-time status throughout your studies and follow the rules to the letter. Even one semester of part-time study, unless it’s your last, can jeopardize your work and immigration plans.
While this case is unfortunate for the student involved, it serves as a valuable lesson for others. With careful planning, proactive advice, and strict compliance, Indian students can protect their eligibility and make the most of Canada’s incredible PGWP opportunity.
