Non-compliance | Overstay & Restoration of Status
Situation
International student whose PGWP was refused due to language test requirements
Challenge
Student did not extend her status before it expired which resulted in falling out of status and required restoration of status
Outcome
Status Restored – 3 Year PGWP Approved (including spouse and dependent children)
Case Snapshot
Study Program
4-year Bachelor’s Degree
Institution
Memorial University of Newfoundland
Key Issue
PGWP refusal + loss of status
Outcome
Status Restores – 3 Year PGWP Approved (including spouse and dependent children)
The Situation
This case involved an international student who completed a 4-year bachelor’s degree in Canada and applied for a Post-Graduation Work Permit shortly after graduation.
However:
- The application was refused due to not meeting language requirements
- The refusal was issued before the study permit expired
- The client remained in Canada without realizing she needed to change her status
As a result, she fell out of status while preparing to retake her language test
The Problem
🔴 PGWP Refusal
To qualify for a PGWP, applicants must meet minimum language requirements. Failure to meet these requirements results in refusal of the application
🔴 Loss of Status
Once the PGWP was refused, the client booked a new language exam. The client didn’t realize that her study permit would expire soon which resulted in loss of temporary resident status.
🔴 Restoration Window
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).
Under IRPR, restoration is only possible under certain circumstances and must be submitted within 90 days of losing status.
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Our Approach
Timeline Control
We conducted a precise review of:
– Refusal date
– Status expiry date
– Restoration eligibility window
Ensuring the application was submitted within the 90-day restoration period
Eligibility Recovery
The core issue was language requirements. We ensured that:
– The client retook the language test
– Achieved scores exceeding minimum requirements
– Met all PGWP eligibility criteria before reapplying
Status Restoration Strategy
We structured the application to:
– Address the reason for loss of status
– Demonstrate that the client acted promptly to correct the issue
– Confirm no unauthorized work or study occurred
Clear & Structured Submission
We prepared a submission that:
– Clearly explained the sequence of events
– Addressed the refusal and status loss directly
– Demonstrated full compliance at the time of reapplication
The goal was to ensure the officer could easily understand:
– What happened
– What was fixed
– Why the client now met all requirements
The Outcome
Outcome: PGWP Approved – 3 Years (including spouse and dependent children)
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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