Canada work permit: Can protesting Indian students continue to stay on?

Indian students in Canada have been protesting after their Post-Graduation Work Permit (PGWP) applications were denied, leaving them uncertain about their legal status. These students, who have spent considerable amounts on tuition and living expenses, had not expected their work permits to be rejected. The refusals stemmed from concerns about the eligibility of their programs and whether they were credit-earning and qualified for a PGWP.

Immigration, Refugees and Citizenship Canada (IRCC) is the agency responsible for making immigration decisions, advising affected graduates to seek independent immigration advice.

Upon receiving a PGWP refusal, students without any other legal status to remain in Canada must depart the country. They may apply for restoration of status within 90 days following the loss of status, but this does not grant them a 90-day grace period following a PGWP refusal. They must first check if their study permit or another temporary resident status is still valid, as the refusal does not cancel a separate valid status.

Visitor or business status does not permit work, making them unsuitable alternatives to a PGWP. These options are also temporary and do not provide a long-term route to study and work in Canada.

Investigating restoration of status is a consideration for students whose status has expired, while those who believe the PGWP refusal was legally incorrect can explore judicial review. Most students have already filed judicial review applications. Sumit Jain, from Jain Overseas Consultancy and IELTS Centre, advises students against relying on social media claims of a 90-day automatic extension and to establish their current status and choose a lawful route.

For students unable to remain legally in Canada, returning to their home country is safer than overstaying. If they obtain the required PGWP under judicial review, they can return to Canada legally.

The safest option for students wanting to continue their education in Canada legally is to explore an eligible, credit-earning program. Judicial review proceedings can be lengthy, so this option may provide a lawful path to obtaining the necessary study permit. Students who have already spent money and time should avoid opting for short-term courses or visas to remain in Canada, as this could lead to further immigration issues.

For admission to a new course, students must meet Canada's study permit requirements, including admission to an eligible Designated Learning Institution and proof of sufficient funds.