Canada work permit: Can protesting Indian students stay after rejection?

Indian students in Canada were recently protesting after their Post-Graduation Work Permit (PGWP) applications were denied. These students, who completed nearly two years of study at Portage College and other campuses in Alberta, Calgary, and Edmonton, had invested between Rs 30 lakh to Rs 50 lakh on tuition and living expenses.

The refusals resulted from concerns about the eligibility of their programs, such as whether they were credit-earning and eligible for a PGWP. The Canadian government stated that individuals whose PGWP applications have been denied and lack any other legal status must leave the country. In this situation, can these students maintain their legal status?

Here's what to consider. After a PGWP refusal, if students lack other legal status to stay in Canada, they cannot continue working and must leave. They might apply for restoration of status within 90 days of losing their status, but this is not a 90-day grace period following the refusal. The 90-day provision relates only to restoring temporary resident status if it has been lost.

Students must first check if their study permit or other temporary resident status is still valid, as a PGWP refusal doesn't cancel a separate valid status. While visitor or business statuses may allow temporary stays in Canada, they don't permit work and thus cannot replace a PGWP. Students should avoid relying on temporary visitor or business routes only to delay departure, as this could lead to another immigration issue when that status expires.

Those whose status expired can explore restoration, while those who believe the PGWP refusal was incorrect can seek judicial review. Most students have already filed for judicial review. The safest option for students wanting to continue their education legally in Canada is to study through an eligible, credit-earning program, as judicial review proceedings can take time.