08/13/2026
Hoping a restoration application will save a refused Post-Graduation Work Permit (PGWP)? You might want to think twice.
The Federal Court’s decision in Chen v. Canada (2024 FC 767) highlights a major risk for international students trying to regain their status.
Here is what happened: the applicant’s initial PGWP was refused because she had studied part-time during three separate semesters (Fall 2017, Fall 2020, and Winter 2021). To try and fix this, she submitted a second package—this time applying to restore her status as a worker alongside a new PGWP application.
But the Federal Court made a very clear ruling: a worker restoration application stands or falls on the eligibility of the underlying work permit. You cannot separate them. Because she did not meet the strict full-time study requirements for the PGWP, the court held that the officer was completely justified in refusing both the work permit and the restoration of status.
The court also pointed out that while visa officers' written decisions do not need to be perfect, they will be upheld as long as the overall reasoning is clear, transparent, and justified when read as a whole.
For practitioners and students, the takeaway is simple. A restoration application is not a backdoor to fix a student's past non-compliance. If a student has unauthorized part-time semesters on their academic record, simply refiling with a restoration fee won't change the facts. It is far better to address these vulnerabilities early and look for alternative legal pathways instead of refiling a permit they are substantively ineligible to receive.
Have you run into similar challenges with part-time study and PGWPs recently? Let's discuss in the comments.
