What are the specific refusal grounds for Post-Graduation Work Permits?
Short answer: Since November 2024, new PGWP language requirements apply. TEER 0 and TEER 1 occupations require a minimum CLB 7 (roughly IELTS 6.0); TEER 2 and TEER 3 occupations require CLB 5 (roughly IELTS 5.0). Language test results must be valid for 2 years from the test date. The program must be at least 8 months at a designated learning institution delivered in person, and you must apply within 180 days of graduation while holding a valid study permit.
Post-Graduation Work Permits have specific refusal grounds distinct from other work permits.
Language Test Requirements (Effective Nov 2024)
As of November 2024, new PGWP eligibility and language requirements apply. At the time of your graduation, you must meet:
- For TEER 0/1 occupations: CLB 7 (roughly IELTS 6.0) or higher
- For TEER 2/3 occupations: CLB 5 (roughly IELTS 5.0) or higher
PGWP applicants must provide official language test results meeting these benchmarks. Tests are valid for 2 years from the test date.
| TEER Category | Minimum CLB Required | Approximate IELTS Equivalent |
|---|
| TEER 0 and TEER 1 | CLB 7 | IELTS Academic 6.0 |
| TEER 2 and TEER 3 |
Common PGWP Language Test Mistakes
- Wrong test type: IELTS General Training instead of Academic. IELTS Academic is required.
- Test too old: Language test taken 2.5 years ago (expired).
- Wrong CLB level: Aiming for CLB 6 when your occupation requires CLB 7.
- No language test: Some PGWP applicants (especially those who studied in Canada from high school or earlier) believe they're exempt. They're not. You must provide language test results unless you completed your secondary education in English in an approved country.
Program Eligibility for PGWP
Not all study programs lead to PGWP eligibility. Your program must:
- Be at least 8 months in duration
- Not be online-only (primary delivery must be in-person in Canada)
- Be offered by a designated learning institution (DLI)
- Be at a secondary (high school), post-secondary, or doctoral level
Online programs, very short programs (under 8 months), or programs from non-DLI institutions don't lead to PGWP eligibility.
The 180-Day PGWP Application Window
You must apply for a PGWP within 180 days of graduation (completing your program). If you apply after 180 days, your application will be refused.
Study Permit Validity
Your study permit must be valid at the time of your PGWP application. If your study permit has expired, you're out of status. You cannot apply for a PGWP from out-of-status.
How to Address PGWP Refusals
If your PGWP was refused:
- Language test refusal: Complete a language test immediately (IELTS Academic, TOEFL iBT, CELPIP, or PTE). Aim for the required CLB level (CLB 5 or 7 depending on your occupation). Order official results to IRCC within 2 weeks.
- Program eligibility refusal: Verify your program is on the DLI list and meets the 8-month minimum. If it doesn't, you're not eligible for a PGWP. Consider applying for an International Mobility Program (IMP) work permit instead if you have a job offer.
- Application timing refusal: If you applied beyond the 180-day window, you cannot fix this. Reapplication won't help. Your only option is to apply for a work permit through another category (IMP with a job offer) or leave Canada.
- Study permit expiry refusal: If your study permit was expired when you applied, you were out of status. You may need to apply for restoration of status or leave Canada and reapply for a work permit from outside.
Difficulty level: Moderate to high for program eligibility and timing issues. Language test is straightforward if you complete a test.
Key misconception: "My study permit validity doesn't matter for PGWP." False. Your study permit must be valid when you apply for PGWP.
Can IRCC accept a work permit application without an LMIA?
Short answer: Yes. Several work permit categories do not require a Labour Market Impact Assessment. LMIA-exempt pathways include the International Mobility Program (intra-company transfers, CUSMA/USMCA professionals), International Experience Canada (working holiday for under-35s from partner countries), and the Post-Graduation Work Permit for graduates of Canadian designated learning institutions. If your LMIA-based work permit was refused, switching to one of these exempt categories may be a faster path to authorization.
If your primary work permit application was refused due to LMIA issues or employer problems, consider alternative work permit categories that don't require an LMIA.
International Mobility Program (IMP)
IMP is an alternative to LMIA-based work permits. No LMIA is required, but your employer must demonstrate that no Canadian worker is available for the job. IMP categories include:
- Canadian-controlled private corporation transfers: Managers transferring within a corporate structure.
- Intra-company transfers: Employees moving within multinational companies.
- Professionals under reciprocal trade agreements: CUSMA, USMCA, etc.
Intra-Company Transfers
If you work for a multinational company with offices in Canada, you may qualify for an intra-company transfer work permit. These don't require LMIA.
CUSMA and Trade Agreement Professionals
If you're a US or Mexican professional with expertise in certain fields, you may qualify under CUSMA professional work permits without LMIA.
International Experience Canada (IEC)
If you're a young person (under 35 for most countries) from a country with a working holiday agreement with Canada, you can get a work permit without LMIA or a job offer. This requires registration through the IEC program.
Post-Graduation Work Permit (PGWP)
If you're a recent graduate, a PGWP avoids LMIA entirely. You don't need a job offer or LMIA to apply for a PGWP. This is powerful: you can find employment and transition to permanent residency while on a PGWP.
How to Address Refusal with Alternative Categories
If your LMIA-based work permit was refused:
- Research alternative categories: Determine whether you qualify for IMP, intra-company transfer, trade agreement, IEC, or PGWP categories.
- If you qualify for IMP: Have your employer apply under an IMP category instead. This may be faster and cheaper than obtaining an LMIA.
- If you're a recent graduate: Prioritize PGWP application. You get a work permit for 1-3 years without any employer-based requirement. This opens up employment opportunities and permanent residency pathways.
- If you qualify for IEC: Use this pathway to gain Canadian work experience. IEC work permits are often issued within weeks.
Difficulty level: Varies by category. Some are easier than LMIA (PGWP, IEC), others similarly challenging (IMP).
Key misconception: "LMIA-based work permit is the only option." False. Multiple pathways exist.
What to do if a work permit is refused in Canada?
Short answer: If your work permit is refused, start by ordering GCMS notes through IRCC's Access to Information and Privacy process ($5, approximately 30 days) to read the officer's specific reasons. Then address each refusal ground with new substantive evidence, whether a fresh LMIA, ECA assessment, updated job offer, or new employer, and acknowledge the prior refusal directly in your personal statement. Reapplying without addressing the cited grounds rarely succeeds.
As with other visa categories, request GCMS notes through IRCC's access to information and privacy process ($5, 30 days) to understand the officer's specific concerns.
Reapplication Timeline
If the issue was an expired or negative LMIA, wait for your employer to obtain a new LMIA (4-12 weeks) before reapplying.
If the issue was qualification mismatch, wait until you've obtained an ECA or other credential assessment (4-8 weeks).
If the issue was employer compliance, wait until your employer is no longer on the non-compliant list or until you've found a new employer.
The Reapplication Strategy
- Obtain GCMS notes to understand the specific concerns.
- Address each refusal ground with new or strengthened evidence.
- Write a personal statement addressing the officer's concerns directly.
- Reorganize your documents to prioritize evidence on contested grounds.
- Resubmit with confidence.
Success Factors in Reapplication
- New substantive evidence: Not just copies. Real new evidence (new LMIA, ECA, updated job offer, new employer).
- Direct acknowledgment: "I understand my previous application was refused due to [specific ground]. I am reapplying with [specific new evidence]."
- Employer cooperation: If your original employer is problematic, switching employers and having the new employer submit job offer and LMIA (if required) is often the fastest path to approval.
- Professional presentation: Clean, organized, logical document presentation.
What are common questions about work permit refusal in Canada?
The questions below address the most common concerns about work permit refusals in Canada, including appeal options, the effect of a prior refusal on future immigration applications, processing timelines, and what to do when an employer's situation changes mid-application. Review GCMS notes from your refusal file before working through these, as the officer's specific concerns will guide your response strategy.
Q: Can I appeal a work permit refusal?
A: Like visitor visas, work permit refusals are not appealable to the Immigration Appeal Division. Your options are reapplication or judicial review (expensive and rarely successful).
Q: Will my work permit refusal affect future permanent residency applications?
A: Work permit refusals are recorded in your IRCC file. However, they don't permanently disqualify you from permanent residency. Many applicants with work permit refusals later succeed in permanent residency applications through different pathways (e.g., spousal sponsorship, employer sponsorship under different criteria, Express Entry with additional qualifying factors).
Q: How long does a work permit application take?
A: Standard processing is 2-4 weeks for most categories. LMIA applications take 4-12 weeks depending on the province and position. PGWP applications take 2-6 weeks.
Q: What if my employer goes out of business while my work permit is pending?
A: Your work permit application will be assessed at the time of submission. If your employer's employment offer was genuine at application time but the company fails before the permit is issued, inform IRCC. They may deny the application based on lack of continued employment opportunity, or you may reapply through another category or with a new employer.
Q: Can I work while my work permit application is pending?
A: Not unless you have an existing valid work permit. Applicants without valid status cannot work. If you're applying from outside Canada, you must wait for approval. If you're applying from inside Canada on a study or visitor permit, you cannot work until your work permit is approved.
Q: What if I get a work permit but my employer is later found non-compliant?
A: IRCC can cancel your work permit if your employer is found to have violated employment standards. This is a serious consequence. Maintain documentation that your employer met obligations to you (paid promised wages, provided housing if promised, etc.).
Can you reapply for a work permit after a refusal in Canada?
Work permit refusals are among the most recoverable visa refusals if the underlying issue is addressable: obtain a new LMIA, get an ECA, find a new employer, or switch to an alternative work permit category. Each refusal ground has a direct resolution, and addressing it with new substantive evidence gives a reapplication a genuine chance of approval.
Go Far Global's RCICs help work permit applicants and those facing refusal. We assess your situation, identify the refusal grounds, determine whether your employer is on the non-compliant list, and guide you through reapplication or alternative pathways.
Try our free Visa Refusal Analyzer tool at gofarglobal.com/tools/refusal-analyzer. Enter your refusal grounds and receive personalized guidance on addressing each one. Then book a consultation with one of our RCICs to discuss your specific situation, your employer's compliance status, your qualifications, and your reapplication or alternative work permit strategy.
Your work permit refusal isn't the end of your Canadian employment. It's an opportunity to build a stronger application or explore alternative pathways to Canada.
Sources
Primary government sources used in this article (all accessed May 2026):
