Legal Victory: Student Secures Post-Graduation Work Permit Despite Part-Time Semester Withdrawal
We were pleased to represent an international student who successfully secured a Post-Graduation Work Permit (PGWP) despite withdrawing from one course during a semester of his studies at a Canadian University. This case underscores a degree of flexibility in the otherwise rigid Post-Graduation Work Permit Program (PGWPP) requirements, and the nuanced approach that is sometimes necessary to account for exceptional circumstances.
The Relevant Facts
The student arrived in Canada in August 2017, initially studying English as a Second Language (ESL), and then went on to complete a bachelor’s degree and a masters degree. After the student obtained his masters degree, he retained our office to help him apply for a PGWP because of concerns related to his Fall 2021 semester where he had dropped down to part time studies because of a last-minute withdrawal due to academic challenges. Otherwise, the student maintained full time studies throughout his studies.
The Challenge: The Impact of One Course Withdrawal
The crux of the issue was whether this withdrawal, occurring at the very end of the semester, would affect his eligibility for a PGWP. According to Canada’s immigration policies, to qualify for a PGWP, students must be enrolled in full time studies in their program, with specific exceptions for things like leaves of absence or a final academic session.
The Legal Argument: Flexibility in Full-Time Status Determination
We argued that despite the last-minute withdrawal, the student should still be considered as having maintained full-time student status. In support of the argument several key points were made:
Full-Time Status Throughout the Semester: The student attended all his classes for the entire Fall 2021 semester, and the withdrawal came only at the last possible moment due to concerns about his performance in a single course. Thus, he was enrolled full-time for the majority of the semester.
Discretion of Reviewing Officers: Canadian immigration policies allow reviewing officers to exercise discretion when interpreting full-time study requirements. As seen in previous court decisions like Zhang v. Canada, officers are encouraged to consider all relevant factors, such as the reasons for withdrawals, when assessing compliance with full-time study requirements.
Special COVID-19 Measures: The legal team also pointed to special measures introduced during the pandemic, which waived the full-time study requirement for students between March 1, 2020, and August 31, 2022, provided they met other eligibility criteria. The student’s program started in Fall 2020 and the semester at issue were well within this exemption period.
Precedent Cases: Recent Federal Court rulings, such as Sugagata and Tcerkovnaia, emphasized that officers should apply their best judgment when considering minor deviations from full-time enrollment, particularly when the reasons for such deviations are reasonable and well-documented.
The Outcome: A Successful PGWP Application
Based on these arguments, the case was presented to immigration officials with the request to grant the student a PGWP. The case ultimately ended in success, with the student being granted a PGWP. This outcome highlights a degree of flexibility within the PGWP category, especially for students who face exceptional challenges during their academic careers. It also reinforces the importance of discretion in interpreting full-time study requirements, ensuring that minor setbacks, like a last-minute course withdrawal, do not unfairly penalize students who have otherwise demonstrated academic commitment.
Implications for Future PGWP Applicants
This case sets an important precedent for international students who might find themselves in a similar situation—those who have maintained full-time enrollment for the majority of their studies but due to personal or academic difficulties had to drop down to part-time studies at some point in their studies. It highlights the possibility of flexibility in how the “full-time” study requirement is interpreted and encourages students to seek legal counsel if they encounter challenges that might affect their eligibility for a PGWP.
The Canadian immigration system may still provide an opportunity for PGWP authorization, for students in similar circumstances, who face personal or academic hurdles but continue to show overall dedication to their studies. Students are advised to document their academic journey carefully, including any circumstances that may have led to a temporary reduction in course load, seek legal advice before these decisions are made to understand possible implications, and to present these factors clearly in their PGWP applications.
Don’t hesitate to contact us for any legal assistance you require with your immigration matters.
Author: Gloria Moore