Surge in PGWP Refusals Due to Missing Language Tests

By: Miho Kitamura and Andrew Carvajal, Carvajal Law P.C.

Recently, international graduates across Canada have been facing a surge in refusals of their Post-Graduation Work Permit (PGWP) applications due to missing language test results.

Since November 1, 2024, almost all PGWP applicants have been required to provide proof of English or French language proficiency in the form of results from a test accepted by Immigration, Refugees and Citizenship Canada (IRCC). These results must be submitted at the time of application and the required proficiency level varies depending on whether the applicant graduated from a college or a university.

Despite this significant change, IRCC’s online application portal does not include a dedicated field to upload language test results. As a result, many applicants unknowingly submitted incomplete applications and are now receiving refusals months later. We have been consulted by several applicants who received refusals in January and February of this year.

In December 2025, IRCC updated its website and Program Delivery Instructions to clarify where applicants should upload their language test results. The instructions now indicate that results should be uploaded in the “Client Information” section of the portal.

Why are These Refusals so Problematic?

Eligible former international students must apply for a PGWP within 180 days of receiving written confirmation of graduation. This is a strict eligibility requirement.

Unfortunately, due to lengthy IRCC processing times for in-Canada applications, many PGWP refusals based on missing language test results are being issued after the 180-day window has expired. This means applicants are no longer eligible to apply for a PGWP. Their opportunity to apply has passed, often due to inadvertence and a lack of clear portal instructions at the time of submission.

What Can Be Done?

There are potential remedies in these cases, but applicants must act very quickly.

1. Request Reconsideration

The first step, although admittedly a long shot, is to request reconsideration from the officer who issued the refusal.

The request should explain that the applicant:

• Completed an approved language test and obtained the required results;

• Answered “yes” to having done the language test in both the preliminary portal questionnaire and the work permit application form; and

• Was not prompted by the portal to upload the results due to a system flaw.

• It should also reference IRCC’s December 2025 update to its Program Delivery Instructions, which effectively acknowledges where the upload should have been made.

This request must be coherent, well-structured, and supported by proper documentation. After submitting the reconsideration request, applicants may also seek assistance from their Member of Parliament.

2. File for Judicial Review

In addition, we strongly recommend filing an Application for Leave and Judicial Review with the Federal Court.

Only qualified Canadian lawyers may represent applicants before the Federal Court. For in-Canada work permit refusals, the application must be filed within 15 days of receiving the refusal letter.

When we assist clients with judicial review proceedings, we often pursue settlement discussions with the Department of Justice lawyer representing the government. The goal is to have the refusal set aside and the application reopened, based on the arguments raised above.

We cannot stress enough that you must act quickly. You should not wait for the outcome of the reconsideration request before filing for judicial review, as the 15-day deadline is strict.

3. Temporary Resident Permit (TRP)

If all other options fail, a Temporary Resident Permit (TRP) may be necessary to overcome the 180-day PGWP limitation.

The argument would be that:

• The applicant was unaware of the specific upload requirement;

• The portal did not prompt submission of the language test results;

• Had the application been processed within the 180-day window, the issue could have been corrected;

• But for the 180-day rule, the applicant would otherwise have been eligible for a PGWP; and

• There are compelling and sufficient reasons to justify the applicant’s continued presence in Canada despite the regulatory limitation

There may also be additional steps available to restore temporary resident status within 90 days of the refusal, depending on the individual circumstances.

We Can Help

If you have concerns about your PGWP application or have already received a refusal, our team of experienced Canadian immigration lawyers can promptly assess your case and advise you on the most strategic course of action. We can assist with a persuasive reconsideration request, the timely filing of a judicial review, and, where appropriate, a Temporary Resident Permit or other remedial applications.

This is a serious matter that can jeopardize years of effort, as well as the significant time and financial investment made in your Canadian education. Do not let a technical error impact your future in Canada.

To schedule a consultation, please contact our Office Manager at msanchez@carvajal.ca.