PGWP After Leave of Absence Over 8 Months
Situation
International student in a 4-year engineering program with an extended authorized leave exceeding 150 days
Challenge
Leave beyond 150 days typically raises non-compliance concerns under IRCC requirements
Outcome
3 Year PGWP Approved
Case Snapshot
Study Program
4-year Bachelor’s Degree
Institution
University of Toronto
Key Issue
Leave of absence of almost 1 year
Outcome
3-Year PGWP Approved
The Situation
This case involved an international student enrolled in a 4-year engineering program at the University of Toronto who took an extended leave of absence during their studies.
In total, the leave exceeded 8 months (well beyond IRCC’s 150-day guideline).
During her leave of absence, the student entered and exited Canada multiple times until finally returning to Canada and completing their program in full.
The Problem
IRCC’s Website States:
What counts as an authorized leave from your studies?
There are a few cases where you may be able to take a leave of up to a maximum of 150 days from your program of studies and still be considered to be actively pursuing your studies.
IRPR s220.1(1) The holder of a study permit in Canada is subject to the following conditions:
(a) they shall enroll at the designated learning institution that is named in their permit and remain enrolled there until they complete their studies; and
(b) they shall actively pursue their course or program of study.
The reason why authorized leave above 150 days is not allowed is because after 150 days, you are no longer considered to be actively pursuing your studies and therefore are no longer compliant with the condition listed in IRPR s.220.1(1)(b).
The consequences of non compliance with the conditions listed in IRPR 220.1(1) are severe.
IRPA s47 A foreign national loses temporary resident status
(a) at the end of the period for which they are authorized to remain in Canada;
(b) on a determination by an officer or the Immigration Division that they have failed to comply with any other requirement of this Act; or
(c) on cancellation of their temporary resident permit.
Based on the immigration law, you lose temporary resident status when immigration officer makes a determination that you have failed to company with the conditions imposed on you. In situations like this, you may be eligible to restore your temporary resident status. However, the severity of non-compliance with the conditions listed in IRPR s.220.1(1) is clear:
IRPR s182 (1) On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act.
Exception
(2) Despite subsection (1), an officer shall not restore the status of a student who is not in compliance with a condition set out in subsection 220.1(1).
The regulation is clear. You have no restoration of status option if you broke the conditions listed in 220.1(1). Lastly, there is one more regulation to be aware of in this situation:
IRPR s200(3)(e) states:
- An officer shall not issue a work permit to a foreign national if
- (e) the foreign national has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization unless
- (i) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition,
(ii) the study or work was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c);
(iii) section 206 applies to them; or
(iv) the foreign national was subsequently issued a temporary resident permit under subsection 24(1) of the Act;
- (i) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition,
- (e) the foreign national has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization unless
After interpreting the laws, regulations, and instructions above, we determined that if this client was found to be non compliant with conditions listed in IRPR 220.1(1), she would have no option for restoration of status. Even if we were to submit an application outside of Canada, we would need to make sure a period of six months has elapsed since the cessation of the non compliance.
Does this situation apply to you?
Get a free assessment to understand your options and the best path forward.
Our Approach
Risk Identification
PGWP applications seem simple at face value but in reality, there are numerous variables that can break the application. As with all cases, we started with detailed analysis of the client’s personal information and documents. During this stage, we conducted detailed timeline analysis of the client’s study period as well as her authorized leave of approximately 8 months. We also identified that she was outside Canada for a large period of her authorized leave.
Strategy Development
We developed a strategy to position the leave as formally authorized by the institution but more importantly that the student was outside Canada during key portions of the leave, which significantly reduced non-compliance risk under IRCC’s framework
Building a Strong Application Package
We supported the application with institutional confirmation, reference to IRPA, IRPR, PDIs, and caselaw. Most importantly, we wrote a professional representative submission letter with strong arguments as to why our client remained eligible for the PGWP and was not non-compliant with the conditions of her stay in Canada.
The Outcome
Outcome: PGWP Approved – 3 Years
The application was approved for the full three-year duration
Facing a similar situation? Get your case assessed by our team.
★ 5.0 Average Rating ★
What Our PGWP Clients Say
Real stories from real students in Canada
Your Best Bet At immigration success
Why Choose Mygration?
We live and breathe PGWP all day every day.
RCIC Regulated
Every case is personally handled by a licensed Regulated Canadian Immigration Consultant (RCIC). We protect you from costly mistakes and unauthorized advice.
PGWP Specialists
We don’t do everything. One of our core specializations is PGWP and PR pathways for international students.
Canada’s #1 PGWP Community
We operate the largest PGWP communities on Facebook and Reddit, assisting thousands of students daily with real-time guidance.
