Over the past several months, Fateh Law Corporation has observed a troubling and consistent trend:
Post-Graduate Work Permit (PGWP) applications are being refused at alarming rates due to “missing” language test scores, even when applicants followed IRCC’s own online instructions.
What makes this situation particularly unfair is that many of these refusals are not the fault of students — they are the direct result of systemic and technological shortcomings within IRCC’s online application system.
This blog explains:
- Why these refusals are happening
- Why are they procedurally unfair
- What IRCC should be doing differently
- And how challenging a refusal in the Federal Court of Canada can dramatically improve your chances of success
The Core Problem: IRCC’s System Does Not Clearly Ask for Language Scores
When students apply for a PGWP using IRCC’s online portal, the document checklist generator often does not create a specific upload heading for language test results.
As a result:
- Applicants reasonably believe that language scores are not required, because the checklist does not ask for them
- Students submit exactly what IRCC’s system requests — nothing more, nothing less
- Applications are later refused for “failure to submit language test results.”
IRCC has, in other contexts, acknowledged this issue and advised applicants to upload language scores under “Client Information” as an alternative.
However, this instruction is unclear, inconsistent, and buried, and many applicants are never made aware of it.
Refusing applications without first requesting the document is not just harsh — it is procedurally unfair.
Why These Refusals Are Legally Unfair
From a legal standpoint, these refusals raise serious concerns:
1. Procedural Fairness Is Being Violated
When IRCC knows its own system is confusing or incomplete, it has a duty to request missing information before refusing an application — especially where the consequences are severe.
2. Students Are Penalized for IRCC’s IT Limitations
Applicants should not suffer because IRCC’s technology fails to generate proper upload fields or clear instructions.
3. No Opportunity to Correct a Simple Error
PGWP refusals often push students out of status, disrupt employment, and jeopardize permanent residence pathways — all because of a clerical or system-related issue.
What IRCC Should Be Doing Instead
At Fateh Law Corporation, we strongly believe IRCC must implement the following reforms:
1️⃣ Request language test scores before refusing PGWP applications
2️⃣ Process PGWP applications faster, so genuine mistakes can be corrected quickly
3️⃣ Update IRCC’s website and checklist generator to clearly and consistently request language scores
Until these changes are made, innocent international students will continue to suffer.
Reconsideration Applications: Using the December 9 CILA Letter
When filing a reconsideration request, applicants can rely on the CILA letter dated December 9, which explicitly highlights IRCC’s systemic error regarding language score uploads.
This letter is a powerful tool when used correctly — but reconsideration alone is never guaranteed, because IRCC is not legally obligated to review or respond to such requests.
The Canadian Immigration Lawyers Association (CILA) has formally acknowledged that IRCC system limitations, including PGWP language score upload issues, are contributing to unfair refusals.
That is why a strong legal strategy is critical.
Why Judicial Review in the Federal Court Can Change Everything
If your PGWP was refused inside Canada, you have only 15 days to challenge the decision in the Federal Court of Canada through a judicial review.
Filing a court case can:
- Force the government lawyer to acknowledge IRCC’s system limitations
- Compel IRCC to reopen or re-determine the application
- Allow a Federal Court judge to intervene where the decision is procedurally unfair or unreasonable
In many cases, simply filing the court application significantly increases the odds of success, even before a hearing takes place.
Why You Need a Canadian Immigration Lawyer — Not Just a Reapplication
PGWP refusals are not just administrative mistakes — they are legal decisions with serious consequences.
A qualified Canadian lawyer can:
- Preserve your 15-day Federal Court deadline
- Prepare persuasive legal submissions grounded in procedural fairness
- Coordinate reconsideration + judicial review strategically
- Protect your immigration status and future permanent residence options
Not all representatives are authorized to appear in the Federal Court.
Only a Canadian barrister and solicitor can fight your case at this level.
Fateh Law Corporation: Defending Students Against Wrongful Refusals
At Fateh Law Corporation, we regularly challenge:
- Wrongful PGWP refusals
- Unreasonable IRCC decisions
- Procedurally unfair outcomes caused by system errors
We understand how much international students sacrifice — financially, emotionally, and professionally — to build a future in Canada.
Your opportunity to work should not be destroyed by an IT glitch or an unclear checklist.
Refused? Time Is Critical.
If your PGWP has been refused:
- ⏳ You may have only 15 days to go to court
- 📄 Reconsideration alone may not be enough
- ⚖️ A properly filed Federal Court challenge can make all the difference
Do not give up. Do not delay. Get proper legal advice immediately.
📩 Contact Fateh Law Corporation to assess your refusal and protect your future in Canada.
