CAN INTERNATIONAL STUDENTS STILL GET A PGWP AFTER TAKING TIME OFF (LEAVE OF ABSENCE) FROM STUDIES IN CANADA?

If you are an international student in Canada and are considering taking a leave of absence from your academic program, you may be concerned about how this could impact your eligibility for a Post-Graduation Work Permit (PGWP). The PGWP is a critical pathway for international students who wish to gain Canadian work experience after completing their studies and potentially transition to permanent residency in Canada.

This article outlines the key legal requirements and exceptions for students needing to take a break from their studies.

 

UNDERSTANDING THE PGWP: KEY ELIGIBILITY REQUIREMENTS

To qualify for a Post-Graduation Work Permit, international students must meet several conditions established by Immigration, Refugees and Citizenship Canada (IRCC):

1. Enrollment at a Designated Learning Institution (DLI):
   You must complete a program of study at an eligible DLI in Canada. The program must be at least 8 months in duration (or 900 hours if you are studying in Quebec).
2. Full-Time Enrollment:
   You are generally required to maintain full-time student status throughout your program. Part-time studies are only permitted in your final academic semester.
3. Timely PGWP Application:
   You must apply for a PGWP within 180 days of receiving confirmation (such as a transcript or completion letter) from your DLI that you have met the requirements of your program.

 

CAN YOU TAKE A LEAVE OF ABSENCE AND STILL BE ELIGIBLE FOR A PGWP?

Yes, in certain cases, international students may take a temporary leave of absence and still maintain their PGWP eligibility, but strict conditions apply.

Under IRCC policy, an international student may take a leave of up to 150 days during their program and still be considered eligible for a PGWP, provided that:

• The leave is authorized by the DLI.
• The leave is for an acceptable reason, such as:
  • Medical reasons or pregnancy
  • A family emergency
  • The death or serious illness of a family member
  • Another valid reason approved by your institution
• You need to provide documentation from your DLI confirming the authorized leave.

 

IMPORTANT RESTRICTIONS DURING AN AUTHORIZED LEAVE

While on an authorized leave, students must be aware of the following legal restrictions:

• You are not permitted to work either on-campus or off-campus, even if your study permit includes work authorization.
• The leave must not exceed 150 days. Exceeding this time frame can result in loss of status and ineligibility for a PGWP.

 

PART-TIME STUDIES AND FINAL SEMESTER EXCEPTIONS

Another common question relates to part-time studies. The rules are clear:

• You must maintain full-time enrollment in each academic session except your final semester, where part-time studies are permitted only if you are completing the last requirements of your program.
• Studying part-time in any semester other than your final one may render you ineligible for a PGWP, as you would be violating the conditions of your study permit.

 

LEGAL ADVICE FOR PGWP ELIGIBILITY AND STUDY PERMIT COMPLIANCE

Misinterpreting the conditions of your study permit can have serious consequences, including loss of legal status in Canada and ineligibility for a PGWP. If you are unsure about your situation, whether you’re considering a leave or are currently on one, it is highly advisable to consult with a Canadian immigration lawyer.

At our law firm, we assist international students in understanding the legal requirements and timelines for PGWP applications, and we provide representation and guidance throughout the process.

 

DON’T RISK YOUR STATUS IN CANADA, SEEK LEGAL HELP

The Post-Graduation Work Permit is more than just a work permit, it’s a gateway to Canadian permanent residency through programs such as the Canadian Experience Class under Express Entry. To preserve this opportunity, ensure that you remain in full compliance with immigration regulations.

OUR TEAM IS HERE TO HELP.   📞GET IN TOUCH TODAY

If you need to take a leave from your studies or have questions about your PGWP eligibility, contact our team of trusted Canadian immigration lawyers for a confidential consultation. Our immigration law experts are here to assist you with study permit compliance, PGWP applications, and all aspects of Canadian immigration law.