PGWP Refused for Missing IELTS: Your Options and Next Steps

Receiving a refusal letter for your Post-Graduation Work Permit (PGWP) is devastating. Seeing the reason is ‘missing IELTS’ can be especially confusing—you’re thinking, ‘But I studied in Canada!’ This is a stressful situation, but don't panic. Your first step is to understand your current legal status.

While waiting for a decision, you were likely able to work under a rule called "implied status." This is a temporary extension that lets you keep the same conditions as your old permit. However, the moment you receive a refusal from immigration authorities, that implied status is gone.

Critically, you must stop working immediately. Because your implied status has ended, continuing to work without authorization can create serious problems for any future applications. Protecting your immigration record is your top priority right now.

So, what happens if your work permit is rejected in Canada? First, find your study permit and check its expiry date. If your permit has already expired, your legal status ended when you received the refusal. This date is the crucial starting point for deciding what to do next.

Why Did IRCC Ask for an IELTS Test for a PGWP?

Seeing a request for a language test like IELTS on a Post-Graduation Work Permit (PGWP) refusal is incredibly confusing. You’re right to be surprised—a language test is not a standard requirement for most PGWP applications. You’ve already proven your ability by graduating from a Canadian school. For Post-Graduation Work Permit (PGWP) applications submitted on or after November 1, 2024, you generally need a Canadian Language Benchmark (CLB) level 7 in English for university degrees (or CLB 5 for diplomas/certificates) or CLB 7 for other university programs, demonstrating proficiency in all four skills (reading, writing, listening, speaking) through an approved test (like IELTS or CELPIP)

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The 90-Day Lifeline: Understanding Restoration of Status

When your Post-Graduation Work Permit (PGWP) was refused, you lost your "implied status" to stay in Canada. Now, your most important deadline has begun. You have a 90-day window to apply for restoration of status. This is a separate application to fix your temporary resident status, and you have a specific, limited time to apply to get it back.

This 90-day period is strict and starts from the date your refusal was issued. You have exactly 90 days to submit a new application to legally remain in Canada. You can apply to restore your status as a student (if you need restoring student status to reapply for your PGWP) or as a visitor.

Applying for restoration of status Canada after refusal is your lifeline. It is the official process that allows you to correct your situation from inside the country. If you miss this deadline, you will no longer be eligible to restore your status from within Canada and will be required to leave. With this 90-day clock ticking, your first and best option is often to prepare a stronger, more complete application.

Option 1: Reconsider or Re-apply for Your PGWP with a Letter of Explanation

Since you are within the 90-day window to restore your status, your first and often best move is to re-apply for the Post-Graduation Work Permit (PGWP). This is a strong option if the refusal was based on a clear mistake, such as an officer incorrectly requesting a language test. You can reapply for a PGWP after refusal if it is with in 180 days of completion of your course, provided you act quickly and address the original problem. 

The centre piece of your new application will be a clear and concise Letter of Explanation (LOE). This is not just a simple cover letter; it’s your chance to speak directly to the immigration officer. A well-written PGWP refusal letter of explanation allows you to respectfully point out the misunderstanding and guide the officer to the correct information in your new package.

Your LOE should be factual and polite, not emotional or angry. Focus on providing a solution to the problem. Be sure to include these key points:

• Acknowledge the refusal reason noted in the letter you received.

• Politely clarify that a language test like IELTS was missed while uploading the documents.

• Attach clear evidence, such as your final transcripts and a letter from your school's registrar confirming you graduated from a Canadian institution.

Your goal is to make it as easy as possible for the officer to approve your case by submitting a complete package that leaves no room for doubt. However, if you are worried about gathering these documents in time, you have another strategic choice.

Option 2: Restore Your Status as a Visitor or study or work

If the 90-day deadline feels too tight or you're unsure about reapplying for the PGWP right away, you have another powerful move: apply to restore your status as a visitor. Filing a visitor record application within your 90-day restoration period stops the clock on you falling out of status. This is a strategic way to legally remain in Canada while you figure out your long-term plan.

The main advantage of securing visitor status is time. It provides a stable, legal foundation from which you can properly gather documents for a new PGWP application or seek professional immigration advice without pressure. This option comes with a critical trade-off: you cannot work. Once you apply to change your status to a visitor, you lose any work authorization you may have had.

This strategy is best used when you need more than 90 days to build a strong re-application or when you want to explore alternatives to the PGWP without having to leave the country. It’s a temporary solution that keeps your options open.

When to Consider Reconsideration or a Judicial Review- PGWP Refused for Missing IELTS: Your Options and Next Steps

Beyond reapplying, you might feel the refusal was a clear error made by the immigration officer. In these specific cases, a "reconsideration request" can be sent, asking the visa office to take a second look. This isn’t a standard application; it’s a direct letter arguing that the decision was based on a factual mistake. However, IRCC is not obligated to respond to these requests, making it an uncertain option.

A much more formal path is a "judicial review." This is a serious legal process where you ask the Federal Court of Canada to examine the officer's decision for legal errors. The core difference between a reapplication vs a judicial review for your PGWP is that you are arguing that the original decision was unfair or incorrect based on the information you already provided, not submitting new documents.

These are complex legal actions, not simple forms. The IRCC reconsideration request process and a Federal Court judicial review for immigration have strict deadlines and require a lawyer. If you genuinely believe the officer misapplied the law to your case, your immediate next step is to seek professional legal advice to see if you have grounds to appeal your PGWP refusal.

Your Immediate Action Plan: The Next 72 Hours

You now understand the potential reasons behind the refusal and have a path forward. The initial shock of seeing "PGWP refused" can be replaced with a clear sense of what to do next. Your focus has shifted from the problem to your action plan.

Take a deep breath. Here is your prioritized checklist for the next 72 hours. Following these steps is the best thing you can do right now after a PGWP rejection.

Your 5-Point Action Plan:

1. Stop working immediately.

2. Find your refusal letter and study permit.

3. Calculate your 90-day restoration deadline.

4. Gather your school transcripts and check your online vs. in-person course history.

5. Decide on your first move: reconsideration (Option 1) or re-apply for the PGWP (Option 2) if with in 180 days or apply for visitor status or study or work (Option 3)

Contact:

ADMIRE IMMIGRATION SERVICES - VANCOUVER

6330 Fraser St #307, Vancouver, BC V5W 3A3

Phone: 778-925-3008

ADMIRE IMMIGRATION SERVICES - SURREY

Payal Business Centre, 8148 128 St Unit 385, Surrey, BC V3W 1R1

Phone: 778-683-3008