PGWP After Unauthorized Work & Non-Compliance
Situation
International student who took multiple leave of absence, worked without authorization, and changed programs multiple times over several years
Challenge
Unauthorized work and multiple program changes leading to 2 year diploma taking 5 years
Outcome
3 Year PGWP Approved
Case Snapshot
Study Program
2 Year Diploma Program
Institution
Norquest College
Key Issue
Multiple authorized leaves, unauthorized work, and multiple program changes
Outcome
3-Year PGWP Approved
The Situation
This case involved an international student who took 5 years to graduate from a 2-year diploma.
During the 5 years, the student:
– Changed programs multiple times
– Took multiple authorized leaves of absence
– Engaged in unauthorized work during those leave periods
The Problem
This case presented multiple layers of risk, not just one issue.
The primary concerns were:
- A study history that could be interpreted as non-compliance with study permit conditions
- Unauthorized work during authorized leave
🔴 Unauthorized Work
IRCC is clear: “You can’t work on or off campus during an authorized leave from your study program, even if your study permit says you’re allowed to work in Canada.“
This means:
- Even if your study permit allows work
- You cannot work while on leave
In this case, the client worked during periods of authorized leave, creating a direct violation of their study permit conditions.
🔴 Actively Pursuing Studies
Study permit holders must:
Actively pursue their course or program of study – IRPR s.220.1(1)
In practice, this becomes a problem when:
- There are multiple program changes
- There are gaps in studies
- The timeline appears inconsistent (e.g. 5 years for a 2-year diploma)
This can lead an officer to conclude the student was not actively pursuing their studies.
The Issues Caused By Unauthorized Work & Not Actively Pursuing Studies
If an officer determines non-compliance:
- You may lose your status in Canada
- You may not be eligible for restoration
- You may be refused a work permit, including a PGWP
- You may receive an inadmissibility report
Under IRCC regulations:
Unauthorized work or failure to comply with study permit conditions can result in:
- Loss of status (IRPA s.47)
- No restoration option in certain cases (IRPR s.182)
- Refusal of future work permits unless strict conditions are met (IRPR s.200(3)(e))
Key Takeaway
This was not a simple issue. The application carried a real risk of:
- PGWP refusal
- Loss of status
- Removal from Canada
- Long-term immigration consequences
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Our Approach
Risk Identification
We began with a detailed assessment of the client’s full history, including:
– Periods of unauthorized work
– Academic timeline and program changes
– Authorized leaves and overall study progression
This allowed us to identify the key issues that could lead to refusal, particularly around non-compliance and actively pursuing studies.
Strategy Development
Rather than avoiding these issues, we addressed them directly. We focused on positioning the application in a way that:
– Acknowledged the non-compliance
– Provided context for the client’s decisions and circumstances
– Demonstrated that the client remained committed to completing their education
The goal was to ensure the application was assessed in full context.
Evidence & Narrative
A key part of the strategy was building a strong and credible narrative supported by documentation. This included:
– Evidence addressing the client’s academic challenges
– Documentation supporting personal and mental health circumstances
– Proof of improved academic performance and program completion
– Legal arguments based on the IRPA, IRPR, PDIs, and case law
Execution
We prepared a comprehensive submission package that:
– Clearly explained the client’s history
– Addressed all potential concerns upfront
– Demonstrated eligibility while acknowledging past issues
Most importantly, the application was structured to ensure the officer could understand the full picture quickly and clearly, reducing the risk of misinterpretation.
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.
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