For many international
students at the University of Manitoba (UM), the Post-Graduation Work
Permit (PGWP) is a major step after graduation. One of the most common
reasons for PGWP refusal is a finding that the student did not maintain
full-time status in every academic session—with only narrow exceptions.
UM’s own PGWP information
emphasizes maintaining full-time status and following IRCC requirements. IRCC’s PGWP rules generally allow part-time study only in the final academic
session, or where the student can prove a qualifying authorized leave under IRCC policy.
The core rule for UM
students
Do not have any part-time
terms or gaps unless it is your final semester.
If something unavoidable happens before the final term (illness, delayed
registration, transcript transfer delays), you must document it properly and
ensure it fits within IRCC’s limited exceptions.
What three Federal Court
cases teach us
1) When a refusal is
upheld: Verma (2022 FC 1167)
In Verma, the Court
upheld a refusal where the applicant’s study interruptions were not supported
by evidence showing the leave met IRCC’s authorized leave framework (including
the policy limits and the need for proper authorization/documentation).
UM takeaway: explanations are not enough on their own; the record
must show you fit within the recognized exception.
2) When judicial review
succeeds: Sugagata (2024 FC 1436)
In Sugagata, the
Court set aside the refusal because the officer did not meaningfully consider
the applicant’s specific circumstances and corroborating evidence
(including illness and administrative delays affecting enrollment), and did not
show they exercised the required “best judgment” in assessing compliance.
UM takeaway: if your part-time term happened for reasons beyond
your control, strong supporting evidence and a clear narrative can
matter—officers must grapple with relevant evidence.
3) When medical reasons
still do not “fix” part-time study: Saqeb (2025 FC 845)
In Saqeb, the Court
upheld the refusal where the applicant studied part-time for much of the
program due to medical issues. The Court confirmed that officers must apply the
PGWP requirements strictly, and there is no equitable discretion to
approve PGWP where the mandatory requirements are not met (outside the
recognized exceptions).
UM takeaway: even strong hardship evidence may not overcome
extended part-time studies unless the case fits within the policy exceptions.
Why UM students need to
be careful about “authorized leave”
IRCC’s study-permit
compliance policy explains that an authorized leave must be supported by
proof (if requested) and must fit within IRCC’s framework (including the
well-known 150-day concept in the compliance guidance).
In practice, UM students
should not assume that withdrawing, taking fewer courses, or “informally”
taking a term off will automatically be treated as authorized for immigration
purposes. If something happens, you should obtain written UM documentation that clearly confirms:
- what occurred (medical / administrative /
other),
- the dates involved, and
- how the university addressed it (for example,
official communication from the faculty/department/advising unit/registrar
that corroborates the situation).
Practical checklist for
UM students applying for PGWP
- Maintain full-time status every term until the final academic session.
- If you must deviate, document immediately (medical notes, UM letters/emails, proof of transcript/registration
delays).
- Ensure your PGWP application includes a clear
explanation + supporting documents up front.
- If refused, seek legal advice quickly—deadlines
for court steps can be strict.
Why legal help is
strongly recommended
PGWP refusals turn on policy
and the record. As Verma, Sugagata, and Saqeb show,
outcomes differ depending on whether the student fits within the narrow
exceptions and whether the officer properly addressed the evidence. A
well-versed lawyer can assess risk before filing and advise on options after
refusal.
A&M Canadian Immigration Law Corporation (Winnipeg) assists UM students and graduates with PGWP planning
and refusals, including Federal Court litigation when appropriate.
