Post-Graduation Work Permit Lawyers
Pursuing an education in Canada is often the start of an exciting journey that can lead to great career opportunities. When you’re an international student graduating from a Canadian institution, you may be eligible for a Post-Graduation Work Permit (PGWP). With a PGWP, eligible graduates can legally work in Canada for a certain amount of time after their study permit expires. However, due to the changeable nature of PGWP regulations, it’s important to stay up to date on the latest developments and how they may affect your situation.
At Border Solutions Law Group, our Vancouver immigration lawyers regularly guide students through the PGWP application process. When regulations change, our team can help you navigate the legal landscape and explore your options. If you’re graduating from a Canadian institution and you’d like to stay in the country to work, contact our lawyers today to get started with your PGWP.
What is a Post-Graduation Work Permit?
A post-graduation work permit (PGWP) is an open work permit issued to eligible foreign nationals who have graduated from certain Canadian designated learning institutions (DLIs). Unlike employer-specific work permits, PGWPs allow graduates to work for any employer in Canada, anywhere in the country.
The length that your PGWP is valid will depend on the duration of your study program, as well as the expiry date of your passport, whichever comes first. Because they are open work permits, PGWPs offer new graduates a flexible way to explore Canada’s job market. They can gain valuable work experience while also laying the groundwork for permanent residence in the future, should they choose to do so.
Eligibility Requirements for Post-Graduation Work Permits
To qualify for a PGWP, you must meet specific criteria determined by Immigration, Refugees and Citizenship Canada (IRCC). While there may be certain exceptions on a case-by-case basis, the general requirements usually include:
- Graduation from a DLI: You must hold a valid credential (like a certificate, diploma, or degree) from a recognized Canadian institution. The program that you graduated from must meet IRCC’s rules on PGWP eligibility, meaning it’s at least eight months long, will result in a recognized qualification, and potentially more.
- Maintained Full-Time Student Status: Throughout the program you take, you need to be enrolled full-time (with limited breaks or part-time terms, in certain cases). If you fail to maintain full-time status, you may no longer be eligible for a PGWP unless you have a compelling reason for the disruption.
- Application Within the Deadline: Most PGWP applicants must apply for their permit within 180 days of graduating (for example, when you receive your final transcript or letter). If you apply late, you may miss your eligibility window.
- Valid Study Permit Upon Completion: Your study permit should still be valid when you complete your educational program. However, certain transitional extensions do exist if you’re applying for your PGWP shortly after finishing your studies.
If you’re unsure whether your institution or credential qualifies you for a PGWP, seeking advice from a Canadian immigration lawyer can help you clarify your standing before you invest time and resources into the process. If you have questions, contact our Vancouver immigration lawyers today to discuss your situation.
The PGWP Application Process
IRCC procedures when it comes to PGWP and other work permits regularly evolve. However, PGWP applications commonly involve these steps:
- Gathering Required Documents: You will typically need:
- Transcripts from your institution
- Letters of completion
- Your valid study permit
- Proof of valid status in Canada
- And other documentation, in certain cases
- Submitting an Online Application: You’ll need to create an account on IRCC’s website and fill out all necessary forms. Because there are many different steps in the paperwork process, it can be helpful to consult with a professional to ensure everything is filed correctly. You must also pay the required fees, which normally include a work permit fee and an open work permit holder fee.
- Waiting for Processing: IRCC may take a few months to finalize their decision. If your study permit is expiring, you may receive implied status. This allows you to remain in Canada with legal status while waiting for a decision about your PGWP. In more complex cases, bridging strategies or restoration of status may need to be initiated.
- Receive Your PGWP: If approved, your permit will specify the date that it is valid until. You will then generally be free to work for any Canadian employer without obtaining a separate LMIA (Labour Market Impact Assessment).
What Happens When a PGWP is Denied?
PGWP denials can occur if applicants fail to meet the criteria set out by IRCC. Common grounds for refusal include:
- Ineligibility of your study program (short-term courses, ineligible DLI, etc.)
- Failure to maintain full-time status during your studies
- Applying late (beyond 180 days from receiving your final transcripts or completion letters)
- Misrepresentation or incomplete documentation in your application
- And more
If your application is refused you can pursue restoration of status (if your permit has expired) or try to reapply if you can resolve the issues before your status expires.
You may also be entitled to seek a Judicial Review when your PGWP is denied. During this process, the Federal Court of Canada will examine whether IRCC’s denial was reasonable, fair, or procedurally correct. If your judicial review is successful, you may receive your work permit once the case is reverted back to IRCC at the court’s direction. To undertake a Judicial Review, it is recommended that you work with an experienced legal professional.
Can I Use My PGWP as a Pathway to Permanent Residency?
One of the main advantages of a PGWP is that it helps international graduates gain Canadian work experience, which is an essential part of many PR immigration streams. For example:
- Canadian Experience Class (CEC): One year of skilled Canadian work experience can make you eligible for the Express Entry CEC program, which can result in permanent residence if you receive an Invitation to Apply (ITA).
- Provincial Nominee Programs (PNPs): Some provinces specifically target international graduates in their nomination programs. This can offer applicants extra points in the Express Entry pool or a direct pathway to PR. At Border Solutions Law Group, we can help students looking for a PNP nomination in British Columbia begin their journey to permanent residency.
How Can Our Vancouver Immigration Lawyers Help With Your PGWP Application?
Although the post-graduation work permit process is well-documented, it can still present hurdles. This is especially true considering the most recent changes made to PGWP eligibility requirements in 2024.
From navigating strict timelines to tackling rules about part-time enrollment or bridging periods, the PGWP process can be confusing. Working with a Canadian immigration lawyer will ensure that your PGWP application package is comprehensive.
When you work with our Vancouver immigration lawyers at Border Solutions Law, we’ll help you with:
- Confirming Your Eligibility: Our lawyers can determine whether your institution and program meet IRCC standards. This will help you save time, money, and effort in case you are not eligible or must seek a different immigration pathway.
- Accurate Documentation: Small errors in your transcript or proof of completion letter might cause your application to be denied or delayed. Our team will ensure that your file is completed correctly and aligns with all IRCC requirements.
- Restoration & Extensions: If your study permit expires while you’re waiting to hear back about your application, our lawyers can advise you on bridging strategies, status restoration, or other potential solutions.
- Building a PR Strategy: Once you have your PGWP, our lawyers can suggest the best way to maximize your Canadian work experience to qualify for programs like the CEC or PNP.
- Addressing Refusals: If your PGWP is denied, our Vancouver immigration lawyers can help you review your legal options and move forward with your life in Canada.
Whether you’re preparing to submit your application, facing unexpected complications, or planning your transition to permanent residence, our dedicated Vancouver immigration lawyers are here to provide advice and unwavering support.
Applying For Your PGWP? Speak With Our Vancouver Immigration Lawyers Today
Transitioning from a study permit to a post-graduation work permit can open doors to a rewarding career and life in Canada. Avoiding common mistakes and presenting a thorough application to IRCC is important for your success. At Border Solutions Law Group, our Vancouver immigration lawyers are committed to helping international graduates seize the opportunities a PGWP offers.
Contact us today to schedule a consultation. You can call our Vancouver office toll-free at 877-341-6761, or fill out our online contact form now.