Complex PGWP

Part-time Semesters Outside the Final Academic Term

Situation

Challenge

Outcome

Case Snapshot

Study Program

4-year Bachelor’s Degree

Institution

York University

Key Issue

Part-time semesters outside final term

Outcome

PGWP Approved – 3-Year Work Permit

The Situation

This case involved an international student who completed a 4-year bachelor’s degree in Canada.

However, during the program:

  • The student had two part-time semesters
  • These occurred outside of the final academic term

Under standard PGWP rules, this creates a serious issue.

The Problem

🔴 Full-Time Requirement

IRCC states:

  • you must maintain full-time status as a student in Canada during each semester of your study program
    • You may study part-time during your final semester.

To qualify for a PGWP, applicants must meet minimum language requirements. Failure to meet these requirements results in refusal of the application

🔴 Why This Is a Problem

If a student studies part-time outside the final semester, they are generally considered ineligible for a PGWP

🔴 How Officers Typically Assess This

Applications are often refused where:

  • There are part-time semesters mid-program

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Our Approach

1

Identifying the Real Issue

We identified that the refusal risk was not simply the part-time semester itself, but how the full-time study requirement was being interpreted in this specific context.

2

Strategic Interpretation of Requirements

We focused on how IRCC guidance defines:

– Full-time study requirements
– How those requirements apply in different contexts

In particular, we assessed how these requirements apply to studies completed outside Canada during COVID-19 measures, where standard interpretations may not apply in the same way.

3

Contextualizing the Part-Time Semester

We demonstrated that:

– The part-time semester occurred under exceptional circumstances outside Canada
– The issue was isolated and not reflective of the overall program
– The student completed a rigorous 4 year bachelor’s degree with strong academic performance

4

Structured Legal Submission

We prepared a detailed submission that:

– Addressed the issue directly
– Highlighted inconsistencies in interpretation
– Presented the full context clearly and professionally

The application was structured to ensure the officer could assess the case holistically and fairly.

The Outcome

Outcome: PGWP Approved – 3 Years (including spouse and dependent children)

The application was approved for the full three-year duration


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