Complex PGWP

Unauthorized Leave of Absence | Student Unable to Secure Co-op

Situation

International student who did not complete a required co-op term as scheduled

Challenge

Risk of unauthorized break in studies and non-compliance with study permit conditions

Outcome

PGWP Approved – 3-Year Work Permit

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Case Snapshot

Study Program

2-year Diploma

Institution

Georgian College

Key Issue

Co-op term not completed as scheduled (Unauthorized Leave of absence)

Outcome

PGWP Approved – 3-Year Work Permit

The Situation

This case involved an international student enrolled in a 2-year diploma program in Canada that included a mandatory co-op component.

During the scheduled co-op term:

The student was unable to secure a placement
The term was effectively deferred to a later date
The school was unable to issue a letter providing authorized leave of absence

The Problem

🔴 Actively Pursuing Studies Requirement

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.

🔴 Why This Is a Problem

In mandatory co-op programs:

The co-op term is a required part of the program
Students are expected to be actively engaged in that component

If no placement is secured the officer may determine that the student was not actively pursuing their studies. If the officer made a determination that the student was not actively pursuing studies, the student would lose temporary resident status:

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.

In addition, due to non-compliance there may be a prohibitions on being issued a work permit and from being able to restore status.

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;

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).

🔴 Why This Case Was High Risk

In this case:

The co-op term was not completed as scheduled
The student was not actively engaged in a placement
This created a risk of being seen as an unauthorized break in studies

Which could result in:

PGWP refusal
Findings of non-compliance

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Our Approach

Identifying the Real Issue

We identified that the key issue was not simply the co-op delay, but whether the student was considered to be actively pursuing studies during that term.

Strategic Positioning

We focused on how the co-op term was structured and assessed within the program.

In particular, we considered how enrollment, program requirements, and institutional practices interact in these situations.

Contextualizing the Co-op Semester

We demonstrated that:

– The student made genuine efforts to secure a placement
– The DLI did not consider this a gap in studies and thus could not issue a letter of authorized leave
– The delay was addressed in coordination with the institution

This ensured the situation was assessed in context, rather than as a simple break in studies.

Structured Legal Submission

We prepared a submission that:

– Clearly explained the circumstances of the co-op term
– Provided supporting documentation
– Presented the academic timeline in a clear and consistent manner

The goal was to ensure the officer could assess the case based on the full context.

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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