If your PGWP is refused, you have limited time to act. You can submit a reconsideration request to IRCC or file for Leave and Judicial Review at the Federal Court of Canada. Hiring a Canadian immigration lawyer for this complex process generally costs between $2,500 and $7,500 CAD.
Receiving a refusal letter from Immigration, Refugees and Citizenship Canada (IRCC) for your Post-Graduation Work Permit (PGWP) is devastating. After spending thousands of dollars on tuition in cities like Calgary, Montreal, or Winnipeg, a refusal threatens your entire future in Canada and strips you of your ability to work legally.
Fortunately, a refusal is not always the end of the road. ⚖️ If the IRCC visa officer made an error in law or fact, you have the right to challenge their decision. Because immigration appeals involve strict deadlines and complex federal laws, understanding your legal options and the associated lawyer fees is absolutely crucial to saving your status in Canada.
Step-by-Step Process for Challenging a PGWP Refusal
Fighting an IRCC refusal is a highly technical federal process. You should never attempt to argue with the Federal Court without proper legal representation from an authorized Canadian law firm. Here is how the process usually unfolds.
Step 1: Stop Working Immediately
The moment you receive a PGWP refusal, your “maintained status” (formerly implied status) immediately ends. 🚫 You must stop working on the day you receive the refusal letter. Continuing to work is considered an offence under the Immigration and Refugee Protection Act (IRPA) and can lead to deportation.
Step 2: Request the GCMS Notes
Your lawyer will immediately order your Global Case Management System (GCMS) notes. The standard refusal letter is very generic, but the GCMS notes contain the visa officer’s specific, detailed reasoning for denying your PGWP. These notes are essential for building your defence.
Step 3: Decide on Reconsideration vs. Judicial Review
Based on the notes, your lawyer will recommend a path. 📖 A Reconsideration Request is an informal webform sent back to IRCC asking another officer to review an obvious mistake. A Judicial Review is a formal lawsuit filed in the Federal Court of Canada arguing the officer’s decision was legally unreasonable.
Step 4: Filing at the Federal Court
If pursuing a Judicial Review, your lawyer must file a Notice of Application for Leave and Judicial Review within 15 days (if you are inside Canada) of receiving the refusal. The Federal Court judge will then decide if your case has enough merit to warrant a full hearing.
How Much Does an Appeal Cost in Canada?
Litigating against the federal government requires a significant financial investment. 💵 Below is a general breakdown of the legal and administrative fees you might encounter in Canada as of May 2026.
| Service / Fee | Estimated Cost (CAD) | Details |
|---|---|---|
| GCMS Notes Request | $5 – $50 | Basic federal fee, though lawyers may charge a small admin fee to order and review them. |
| Lawyer Fee: Reconsideration Request | $1,000 – $2,500 | Drafting a detailed legal argument and submitting it via IRCC Webform. |
| Federal Court Filing Fee | $50 | The mandatory government fee to file the Application for Leave. |
| Lawyer Fee: Judicial Review (Federal Court) | $3,500 – $7,500+ | Comprehensive litigation fees for drafting memorandums and attending court. |
How Long Does the Process Take?
Timelines depend entirely on the route you choose. A Reconsideration Request via IRCC webform can take anywhere from 1 to 4 months, with no guarantee they will even look at it. A Judicial Review at the Federal Court is much slower, typically taking 6 to 12 months to reach a final resolution.
Frequently Asked Questions (FAQ)
Can I stay in Canada while waiting for the Federal Court decision?
Filing a Judicial Review does not automatically give you the right to stay in Canada. If your study permit or visitor record has expired, you may need to apply for a Restoration of Status as a visitor to remain legally in the country during the court proceedings.
What happens if the Federal Court judge agrees with me?
If you win the Judicial Review, the judge will “quash” (cancel) the original refusal. Your PGWP application will then be sent back to IRCC to be processed by a completely different visa officer, guided by the judge’s instructions. It does not automatically grant you the permit, but it reopens the application.
Can I just apply for a new PGWP instead of appealing?
You can only submit a new PGWP application if you are still within the 180-day window from the day you received your final grades. If that window has closed, appealing via Judicial Review is usually your only option.
Is a Reconsideration Request legally binding on IRCC?
No. IRCC is not legally obligated to respond to or approve a Reconsideration Request. It is simply a courtesy request to fix an obvious administrative error. If the officer refuses to reconsider, you must rely on the Federal Court.
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