“I have dealt with many clients with a post-graduate work permit. Recently, I’ve noticed that students who graduate are not carefully in considering their filing of post-graduate work permit.
Lakshman Santosh Kumar Nookala v. the Minister of Citizenship and Immigration 2016 FC 1019 (decided on September 8, 2016) states that the Federal Court “scolds” those graduates who do not consider their duty to file their post-graduate work permit seriously. In this case, the student finished schooling but went off for on holidays. So this student “missed” 90 days window to apply for post-graduate work permit. The restoration application was filed, but was refused. The Federal court was asked if such decision was reasonable, and the Federal Court said, “it was reasonable”. It is quite technical, but at the end, the legislation states that the restoration application is discretionary on the part of the assessing officer. The officer made a call that there was no good reason for missing 90 days; and the restoration application is technically a means to restore the applicant to the last status, being a student. However, the student completed their education. So the restoration cannot be submitted for a study permit. However, if you do not have a valid study permit, then you do not have a right to apply for a post-graduate work permit, either. Although Immigration Refugee Citizenship Canada has a guideline to support students who miss 90 days with an adequate & reasonable explanation for restoration. By law, the Federal Court decided that the decision by the officer not to exercise discretion was valid in law.
So what? If you are a student, expecting to file your post-graduate work permit, you must be in a valid study permit status to file your post-graduate work permit and your application must be received by IRCC within 90 days. Furthermore, if a permanent resident status is an ultimate goal, it is a good time for graduating students to assess their chance with clarity in advance to plan out the most effective and flexible strategy to achieve such goal.”
– Jennifer Roggemann