Overview
Part-time study during an authorized leave
A student took an institution-approved leave and completed some part-time coursework during that period. IRCC treated the part-time term as a break from the full-time PGWP requirement. The Federal Court found that reasoning incomplete because the officer had not considered the approved leave exception in its factual context.
Terms used on this page
Legal language without the legalese
Authorized leave
A documented leave approved by the school that may be treated differently from an unexplained break under current instructions.
Full-time status
The institution's academic status for a term; PGWP rules generally examine every required term, subject to current exceptions.
PGWP refusal
A refusal can affect the one-time work-permit opportunity and related work authorization.
Read the work-permit refusal guideWhat happened
The applicant's school approved a leave, during which she still took courses part time.Source [1]
The officer saw part-time study and concluded that the continuous full-time requirement was not met. A letter from the seminary explained that the relevant term was an authorized leave.
What the applicant argued
She argued that the officer ignored the school's leave confirmation and treated the transcript label as conclusive.Source [1]
Her position was that taking some courses while on leave did not erase the leave or turn it into an ordinary part-time semester.
What the Minister argued
The Minister defended the refusal under the PGWP full-time-study requirement.Source [1]
The record therefore required the Court to decide whether the officer had actually grappled with the leave evidence.
What the Court decided
The Court found the refusal unreasonable because the officer did not assess the part-time studies in the context of the authorized leave.Source [1]
Either the confirmation letter had been overlooked or its significance had not been explained. On either view, the reasons did not justify the result.
What the result actually meant
The applicant obtained reconsideration, not a court-issued PGWP.Source [1]
A new officer still had to apply the program requirements to the complete record.
Our analysis: a transcript needs a chronology
A dated leave approval, school policy and short explanation connecting each document can make the record harder to misread. That is an evidentiary lesson, not a guarantee that every leave qualifies.Source [1]
The applicant should also confirm that the length and reason for the leave fit the current instructions, which may differ from those considered in 2021.
- Get written approval before the leave begins.
- Record its start, end and reason.
- Explain any courses taken during the leave.
- Check current rules rather than relying on the case alone.
Current instructions still control
Drakes does not turn every school-approved break into PGWP eligibility.Source [2]
The duration, institutional status, study activity and current program instructions all matter.
When to get legal advice
A part-time term or leave can decide the PGWP application
An immigration lawyer can review the academic chronology before filing and assess whether a refusal overlooked material evidence.
A transcript lists a part-time term.
The institution approved medical or personal leave.
Courses were taken during the leave.
The refusal does not mention the school's confirmation letter.
A focused question may only need 15 minutes.
Use the time to identify the issue, any immediate risk and the next sensible step. If the matter needs more work, the lawyer can explain the proposed scope before you decide whether to proceed.
Read what an immigration lawyer can do and how an immigration law firm may handle further work.
Frequently asked questions
Questions about part-time study during an authorized leave
Does any authorized leave preserve PGWP eligibility?
No. The current instructions and the facts of the leave must still be satisfied.
Why did part-time study not end the case?
Because it occurred during a school-approved leave that the officer had not meaningfully assessed.
What remedy did the Court provide?
The refusal was set aside and the application was returned for a new decision.