Post-Graduation Work Permit and Temporary Resident Visas Updates

Tips to Avoid PGWP Refusals Due to Non-Inclusion of Language Results, Officer’s Ability to Cancel Temporary Resident Documents

Avoiding Post-Graduation Work Permit Refusal from Non-Inclusion of Language Test Results

Attention post-graduation work permit (“PGWP”) applicants. As you may know, the government has implemented the requirement for graduates of bachelor’s, master’s, or doctoral degree programs to achieve at least CLB 7 in English or NCLC 7 in French on an authorized language test in all four abilities (speaking, listening, reading, writing) while for college, polytechnic, or non-university program graduates, the requirement is CLB 5 or NCLC 5.

PGWP applications have been refused where the language test results were not included. The application portal can be confusing and it does not make language test results a mandatory document, even though this is mandatory, nor is there an option to select language test results in the optional documents. To avoid refusals due to the non-inclusion of language test results, please be sure to include your language test results by selecting an optional document field such as “Client information” and uploading the results there.

Individual Cancellation of Temporary Resident Visas, Electronic Travel Authorizations, Work Permits, and Study Permits by Officers

Earlier this year on January 31, 2025, provisions were added to the Immigration and Refugee Protection Regulations (“IRPR”) allowing immigration officers to cancel temporary resident visas (“TRVs”), electronic travel authorizations (“eTAs”), work permits, and study permits on a case-by-case basis for certain reasons. These provisions are summarized here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/cancellation-visa.html.

TRVs can be cancelled due to inadmissibility, such as criminality; the officer believing that the foreign national will not leave Canada by the end of period authorized for their stay; no longer being eligible for the TRV in another way such as by not having valid medical results where required; having a temporary resident permit (“TRP”) issued after the TRV; being refused a work permit, study permit, or other TRV after the initial TRV was issued; the Minister making a declaration that the foreign national may not become a temporary resident due to public policy considerations; administrative error; the foreign national becoming a permanent resident; the passport being lost, stolen, destroyed, or abandoned; or the death of the foreign national.

eTAs can be cancelled due to inadmissibility, the officer believing that the foreign national will not leave Canada by the end of the period authorized for their stay; being refused a work permit, study permit, or other eTA after the initial eTA was issued; administrative error; the foreign national becoming a permanent resident; the passport being lost, stolen, destroyed, or abandoned; or the death of the foreign national.

Both study permits and work permits can be cancelled due to administrative error, the foreign national becoming a permanent resident, or the death of the foreign national.

Navigating Canadian immigration processes and the application portals can be confusing. If you, an employee, or your employer have any questions about post-graduation work permits or need advice about some aspect of immigration, you can reach out to us for assistance. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca; traister@cilf.ca.