Virk v. Canada (Citizenship and Immigration), 2021 FC 1474 : Federal Court Reviews PGWP Refusal Based on Four-Year Study Gap and Full-Time Study Requirement

The Federal Court reviewed IRCC’s refusal of Devinder Singh Virk’s PGWP application. Mr. Virk completed a Bachelor of Business Administration at the University of Fraser Valley after previously earning a Business Administration diploma. The officer refused the PGWP because his transcripts showed a lengthy gap between his earlier studies and his return to full-time studies in 2019. The Court dismissed judicial review, finding that the officer reasonably applied the continuous full-time study requirement to the application and evidence that Mr. Virk submitted.

Key Principle

The Federal Court reaffirmed that PGWP applicants must demonstrate that they maintained full-time student status throughout the qualifying program, subject only to exceptions including an authorized leave of no more than 150 days or part-time studies in the final academic session. An officer is entitled to assess the application as it is presented and is not required to reconstruct or recharacterize an applicant’s academic history where the applicant did not clearly explain that position.

Background

Mr. Virk, an Indian citizen, began a Business Administration diploma at the University of Fraser Valley’s India campus in 2011. He later transferred to Canada and completed the diploma in 2014.

He made two PGWP applications based on the diploma, both of which were refused and not judicially challenged. Between 2015 and 2018, he pursued several immigration applications, including restoration and study permit applications. Some refusals were successfully challenged, and he eventually received restored visitor status and then a new study permit.

The university credited his earlier diploma courses toward a Bachelor of Business Administration, allowing him to complete the remaining requirements in one year. He studied full-time in 2019 and received his bachelor’s degree that year. He then applied for a PGWP, describing his studies as a four-year degree.

Court Findings

• Previous Immigration Refusals Did Not Explain the Entire Study Gap

The Court rejected Mr. Virk’s argument that he should not be penalized because earlier immigration refusals delayed his return to school. Even excluding the periods attributable to successfully challenged refusals, there remained an approximately 14-month gap after his diploma and before his first restoration application. This greatly exceeded the 150-day authorized-leave exception.

• Officer Reasonably Relied on How the Program Was Presented

Mr. Virk argued that his diploma and bachelor’s degree should have been treated as two separate programs, with only the final year considered for the bachelor’s degree. However, this was not how he presented the PGWP application. He described himself as having completed a four-year degree and sought a permit reflecting that length of study.

• Record Did Not Require the Officer to Recharacterize the Studies

Although the transcript noted that a Business Administration diploma had been awarded in 2014, the courses were not separately presented as an independent program for PGWP purposes. No supporting explanation or documentation asked the officer to treat the earlier studies separately. The Court therefore found that the officer reasonably assessed the record before them.

Outcome

The Federal Court dismissed the application for judicial review. The officer reasonably concluded that Mr. Virk had not maintained continuous full-time student status for the program as presented in his PGWP application. No question of general importance was certified.

Case Citation:

Virk v. Canada (Citizenship and Immigration), 2021 FC 1474 (CanLII)