Sunil Ghuge

In the complex ecosystem of Canadian immigration, “Maintained Status” (formerly known as implied status) is often viewed as a safe harbor for temporary residents. However, as the Federal Court recently clarified in the pivotal case of Kaur v. Canada (2026 FC 173), this harbor can quickly become a legal vacuum if not navigated with precision. For many international students, the Post-Graduation Work Permit (PGWP) represents the “once in a lifetime” opportunity to secure Canadian work experience. Yet, a growing trend of attempting to “extend” this non-extendable permit through tactical filings has led to catastrophic outcomes. This article provides an in-depth legal analysis of the Kaur decision and the inherent pitfalls of filing a change of status application while relying on maintained status. The Case Profile: Kaur v. Canada, 2026 FC 173 The facts of Kaur represent a classic scenario where a temporary resident attempted to bridge the gap between a work permit and a study permit through the restoration process. The Timeline of Events: The IRCC Refusal: The Officer at the Edmonton Case Processing Centre was blunt. Under Section 182 of the Immigration and Refugee Protection Regulations (IRPR), an applicant cannot restore from one type of temporary residence to another (e.g., from a Work Permit to a Student Permit) if they are already out of status. The Legal Nexus: Section 182 vs. Section 183 of the IRPR To understand why the Applicant in Kaur lost her “Canadian Dream,” we must look at the interplay between these two regulations. Section 183(5) – Maintained Status This section allows a person to keep their status as it was until a decision is made on an extension application. In Kaur, the Applicant had maintained status as a worker. Section 182 – Restoration of Status This is where the “pitfall” lies. Section 182 is a remedial provision. It allows a person who has lost their status (within 90 days) to apply to regain it. However, the Federal Court has consistently held—and reaffirmed in Kaur—that Restoration is “Like-to-Like.” Legal Insight from Sunil Ghuge: “You can only restore the status you last held. If you held a Work Permit, you must restore as a worker. You cannot use the restoration window as a back-door to switch from a worker to a student if your original work status has already lapsed.” Analysis of the Federal Court’s Reasoning The Applicant in Kaur argued that under Paragraph 215(1)(c) of the IRPR, she was entitled to apply for a study permit because she “held a work permit” at the time of filing. The Court rejected this submission. The Court found that once the PGWP extension was withdrawn, the “maintained status” vanished retroactively to the date the original permit expired (March 19). Therefore, at the time the Study Permit was being processed, the Applicant was a person without status. The Court’s Key Observations: The Restoration Limitation: The Applicant is only eligible to restore to the last status held prior to the submission of the restoration application.  Pitfalls of Switching Status on Maintained Status The Kaur decision highlights three major risks that every PGWP holder and temporary resident must understand: A. The “Once in a Lifetime” Rule The PGWP is a bridge to Permanent Residency. Attempting to “extend” it through a generic work permit extension is a high-risk strategy. If the extension is refused (as most PGWP extensions are), the applicant is considered out of status from the original expiry date. B. The Withdrawal Trap In Kaur, withdrawing the PGWP extension on June 19th was a fatal blow. Withdrawal often terminates the “maintained” period immediately. If a new application (like a Study Permit) is not already approved, the applicant is left in a legal limbo with no valid status. C. Restoration is Not a “Switch” You cannot “restore” into a status you never had. If your last valid document was a Work Permit, your restoration application must be for a Work Permit. Attempting to restore as a student while previously holding a work permit is a violation of the IRCC Program Delivery Instructions (PDI).  Strategic Guidance: How to Protect Your Status in 2026 For those currently in the Express Entry pool or working on a PGWP, Ghuge Legal recommends the following to avoid the Kaur precedent: Key Takeaways: The End of the “Maintained Status” Loophole The Federal Court’s decision in Kaur is a reminder that legal acumen is non-negotiable in Canadian immigration. The “Canadian Dream” is built on compliance, not loopholes. If you are on a PGWP and are unsure of your next steps, relying on forum advice or “implied status myths” can lead to enforcement action. At Ghuge Legal, Sunil Ghuge ensures your applications are decision-ready and compliant with the latest Federal Court precedents. We provide reliable and professional advocacy to ensure you never find yourself in the position of the Applicant in Kaur. Case law: https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/529873/index.do #Caselaw#Immigrationlaw#maintainedstatus#restorationofstatus#studypermit#workpermit#

Navigating Express Entry’s New 2026 Category-Based Selection If you feel like the 2026 Canadian immigration landscape has shifted beneath your feet, you aren’t imagining it. On February 18, 2026, the Honourable Lena Metlege Diab, Minister of Immigration, Refugees and Citizenship, signed off on a set of Ministerial Instructions that officially ended the “one-size-fits-all” era of Express Entry. For years, the Comprehensive Ranking System (CRS) score was the only number that mattered. Today, your NOC code and specialized skills are the true keys to the kingdom. In this guide, we’ll break down these massive changes, the new eligibility bars, and how you can strategically position your profile to secure an Invitation to Apply (ITA) even if your CRS score isn’t in the stratosphere. The February 2026 Ministerial Instructions: What’s New? The most recent update is a surgical strike on Canada’s labour shortages. Minister Metlege Diab has introduced five brand-new categories while sharpening the requirements for existing ones. The 5 New Power Categories for 2026: The Continuing (Renewed) Categories: IRCC will continue to hold draws for French-Language Proficiency (the highest priority for 2026), Healthcare, STEM, Trades, and Education. Notably, the Agriculture and Agri-food category has been retired for this year. The New Eligibility Bar: “Deed Over Speed.” The most significant “hidden” change in the 2026 instructions is the Work Experience Threshold. In 2025, you could often qualify for a category-based draw with just six months of experience. That is over. As of today, the new standard for all renewed categories is 12 months of full-time work experience (or an equal amount of part-time) within the last three years. Why the change? IRCC wants “Decision-Ready” candidates. They are prioritizing applicants who have deep, proven expertise in their field rather than those who just “dipped their toes” in a specific NOC. Legal Tip from Ghuge Legal: This experience doesn’t have to be continuous, but it must be in a single occupation listed in the category’s eligible NOC list.  Job Requirements: It’s All About the “Lead Statement.” To be included in a category-based draw, your job isn’t just defined by its title—it’s defined by its substance. To qualify, your work experience must: For the new Senior Manager stream, for example, simply having “Manager” in your title won’t suffice. You must prove you were responsible for fiscal planning, human resources, and high-level departmental oversight. Using the 2026 Landscape to Your Advantage The 2026 system actually creates huge opportunities for candidates who were previously “stuck” in the pool. Here is how to play the game to win: How Ghuge Legal Can Help The 2026 Ministerial Instructions have added layers of complexity that a simple online calculator cannot navigate. One small error in your Statutory Declaration of Work Experience or a misaligned NOC code can lead to a 5-year ban for misrepresentation. At Ghuge Legal, our experienced lawyers and immigration consultants apply their profound legal acumen to ensure your profile is not just “entered” into the pool, but optimized for selection. We help you with: Don’t leave your future to luck. Let us provide the reliable and professional guidance you need to navigate the “Year of the Specialist.” IRCC link: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/rounds-invitations/category-based-selection.html

Canada is one of the world’s most popular destinations for international students, offering high-quality education, multicultural communities, and clear pathways to work and immigrate. If you’re considering studying in Canada, advance preparation is essential not just academically, but legally and logistically. Below are three crucial things every international student must know, plus practical tips on where to find immigration services, legal advice for international students, and how Ghuge Legal can help you navigate the immigration maze with confidence. 1. Understanding the Canada education system and your study permit requirements The Canadian education system features primary, secondary, college (including diploma and certificate programs), and university degrees (bachelor’s, master’s, PhD). For international students, choosing the right level and institution determines study permit requirements and the future immigration opportunities to settle in Canda. Why this matters: Misunderstanding your study permit rules or choosing a non-recognized Designated Learning Institution (DLI) can have severe implications for your future immigration plans or jeopardize your permanent residency pathway. For clear guidance, search for “immigration services near me” or consult with a licensed Canada immigration lawyer or a trusted immigration consultant near you. 2. Get reliable Canada immigration legal support early Legal and immigration matters are often the most complex parts of studying abroad. From visa applications to post-graduation work permit planning and transitions to permanent residency, having the right legal support avoids costly mistakes. Ghuge Legal provides trusted notary and document services across the GTA and can connect you with Canada immigration lawyer referrals when you need in-depth legal guidance beyond notarization and document certification specially when your immigration application is refused. 3. Avoid common mistakes international students make in Canada Many international students arrive eager and optimistic but fall into avoidable pitfalls. Awareness and proactive planning can protect your status and future opportunities. Ghuge Legal can help you avoid documentation errors by offering professional notary services, online notarization, and mobile notarization across Toronto, Mississauga, Brampton, and the GTA. Accurate notarization and certified documents often make the difference between smooth processing and avoids costly delays and refusal of your application. How to combine resources: a simple action plan Studying in Canada offers excellent academic and career prospects but success depends on careful planning and proper legal guidance and support. Whether you need trustworthy immigration services, a Canadian immigration legal support, or certified notarization of important documents, start early and work with professionals who understand both education, legal and immigration pathways. Ghuge Legal provides reliable notary services across the GTA and can guide you towards qualified legal experts when you need comprehensive immigration advice. With the right planning and preparation, your Canadian education can be the foundation for a bright and everlasting future for you and your family. Book an appointment with Ghuge Legal today and get valuable insight for studying in Canada. For any query please contact: info@ghugelegal.com or visit www.ghugelegal.com.

The 2026 Study Permit Squeeze: Navigating IRCC’s New 155,000 Intake Cap The landscape of Canadian international education has reached a critical turning point. As of February 06, 2026, Immigration, Refugees and Citizenship Canada (IRCC) released updated Ministerial Instructions that effectively cut the intake of new study permit applications by nearly half. For students, families, and educational consultants in Mississauga, Brampton, and the Greater Toronto Area (GTA), this isn’t just a policy shift—it’s a paradigm change that requires high-level legal dexterity to navigate. In 2025, Canada targeted approximately 305,900 new study permits. For 2026, that number has been slashed to 155,000. With the supply of “allotted spaces” plummeting while global demand remains high, the risk of refusal has never been greater. At Ghuge Legal, we understand that a study permit application is no longer a simple administrative filing; it is a complex legal submission governed by evolving statutory requirements and administrative law. 1. Understanding the PAL and TAL: The Mandatory 2026 Attestation Letters Since January 22, 2024, the Provincial Attestation Letter (PAL) and Territorial Attestation Letter (TAL) have become the “gatekeepers” of the Canadian study permit system. These letters serve as proof that a student has been accounted for under a province’s specific intake cap. Each province, including Ontario, is allocated a specific portion of the national 155,000 cap based on population and historical approval rates. These spaces are then distributed to Designated Learning Institutions (DLIs) across the province. For students targeting high-demand DLIs in the GTA, securing a PAL is the first hurdle. However, simply having the letter does not guarantee approval. Our legal acumen ensures that your PAL is paired with a bulletproof Letter of Explanation that addresses the officer’s likely concerns regarding your “dual intent” and “bona fides.” 2. Significant 2026 Exemptions: Master’s, Doctoral, and K-12 Students While the overall cap has tightened, the February 2026 update brings significant relief for advanced-degree seekers. IRCC has officially clarified that Master’s and Doctoral (PhD) programs are considered the same level of study and—crucially—are exempt from the PAL/TAL requirement if they are at a publicly funded DLI. This exemption is a strategic move by the Canadian government to prioritize “high-value” talent in research and innovation. At Ghuge Legal, we leverage these exemptions to fast-track applications for researchers and advanced professionals, ensuring they bypass the provincial bottleneck entirely. 3. The Restoration Trap: Why “Status Maintenance” Needs a PAL One of the most dangerous areas of the 2026 update involves the Restoration of Status. If you are currently in Canada and your study permit has expired, you have a 90-day window to apply for restoration. Under the new instructions, Restoration of Status applications must be submitted with a new PAL/TAL (unless you fall under an exempt category like Master’s/PhD). Our firm specializes in status recovery, applying the Singh Standard of procedural fairness to ensure that your restoration application is legally robust and includes the necessary attestation letters to satisfy the 2026 Ministerial Instructions. 4. Visiting Students and Graduates: The Missing Exemption A common point of confusion in the GTA’s international student community concerns Visiting Students and Visiting Graduates. The 2026 update has clarified that these individuals do require a PAL/TAL. Many applicants incorrectly believe they qualify for the “Exchange Student” exemption. However, IRCC has strictly defined exchange students as those participating in a reciprocal agreement between institutions where no tuition is paid in Canada. 5. Renewing Your Study Permit: How to Stay Exempt in 2026 For the thousands of students already in Canada, the 2026 rules offer a pathway to avoid the PAL headache—provided you follow the “Same DLI/Same Level” rule. You do not require a PAL if you are: However, the moment you move from a College Diploma to a University Degree, or move from one DLI to another, the PAL requirement may trigger. Navigating these transitions requires a deep understanding of the IRCC Operational Guidelines. We help our clients time their “Change of Conditions” applications to ensure they maintain Maintained Status (formerly “Implied Status”) without falling victim to the cap limits. 6. Why Ghuge Legal’s Expertise is Your Key to Approval In a year where study permit availability has been cut by 50%, “getting by” with a standard application is no longer enough. The 2026 IRCC landscape demands a level of legal acumen that goes beyond filling out forms. At Ghuge Legal, we treat every study permit application as a litigation-ready file. We integrate the latest Federal Court standards (such as the Devgon Standard) to ensure your application is “Decision-Ready” from the moment it hits the IRCC portal. Our expertise in Administrative Law allows us to: Approval isn’t an accident—it’s the result of precision. With the 2026 cap of 155,000, every mistake is magnified. Don’t leave your future to chance. Let the dexterity and the knowledge of Ghuge Legal guide your journey to Canada. Click the link at the bottom of the article for a detailed reading of the above Ministerial Instructions, which contain a province-wide cap on study permits for 2026. Next Step for Your Future in Canada The 2026 study permit season is already underway, and the limited PAL slots are filling fast. Would you like us to conduct a “2026 Eligibility Audit” for your study permit application? We will review your DLI, level of study, and PAL status to ensure your file is positioned for swift approval. Contact Ghuge Legal today to secure your place in Canada. IRCC’s link to MI https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/attestation-letters.html

The Singh Standard: Why IRCC Can No Longer Dismiss Your Work Experience Without Justification For years, Canadian work permit applicants have faced the “black box” of IRCC refusals. Perhaps the most frustrating experience is receiving a letter stating your work experience is “insufficient” or “not credible,” without a single sentence explaining why the officer reached that conclusion. This “administrative trauma” has finally met its match in the Federal Court’s landmark decision: Singh v. Canada (2026 FC 105). This judgment draws a definitive line in the sand: A conclusion without an explanation is not a decision; it is a legal error. At Ghuge Legal, we are already integrating the “Singh Standard” into our practice to ensure our clients in Mississauga, Brampton, and the GTA are protected from arbitrary decision-making. Summary of the Case: Singh v. Canada (2026 FC 105) The applicant, Mr. Dilwinder Singh, an Indian citizen, applied for a work permit as a Construction Helper under the Temporary Foreign Worker Program (TFWP). Despite providing documentation of his past employment, the Visa Officer refused the application, stating they were “not satisfied” that Mr. Singh could adequately perform the duties or that he would leave Canada at the end of his stay. Mr. Singh challenged this refusal via Judicial Review. The Federal Court’s analysis of this case has now become a blueprint for challenging “thin” or “unreasonable” IRCC decisions. Key Legal Analysis: Typographical Errors vs. Callous Review One of the first hurdles in Singh was whether minor typographical errors in the GCMS notes indicated a “callous” or “boilerplate” review by the officer. The Court observed that while a lack of attention is never ideal, minor typographical errors fundamentally do not determine the callousness of the officer, provided those errors do not impact the ultimate outcome of the application. This reinforces that Judicial Review is concerned with the reasonableness of the decision’s core logic, not minor clerical perfection. Procedural Fairness: The “Best Foot Forward” Doctrine The Court revisited the principle of Procedural Fairness, citing the 2025 precedent in Goyal v. Canada (2025 FC 905). The ruling upheld that: However, the Court made a critical distinction: while officers don’t have to help you fix a weak file, they must explain why a file they deem “sufficiently documented” is still being refused. The NOC Substitution Trap: An Unreasonable Decision The most significant “win” in Singh involves the National Occupational Classification (NOC). Mr. Singh had two years of experience as an electrical helper. The NOC for a Construction Helper requires only “some work experience.” The Officer refused him, essentially substituting their own private criteria for the NOC standards. The Respondent (IRCC) argued that officers are not strictly bound by the NOC, citing Wu v. Canada (2025 FC 1589). While the Court agreed the NOC isn’t a “straitjacket,” it ruled that an officer cannot dismiss two years of experience as “insufficient” without explaining why it fails to meet the “some experience” threshold. “A stated conclusion, without an explained basis, is not a conclusion the Court can assess or review.” — 2026 FC 105 How to Build a “Singh-Proof” Work Permit Application To survive the scrutiny of IRCC in 2026, your application must be more than a collection of forms; it must be a legal narrative. Here is the Ghuge Legal guide to a “Singh-Proof” submission: The Ghuge Legal Advantage: Why Legal Acumen Matters Navigating the aftermath of Singh v. Canada (2026 FC 105) requires a firm that understands the intersection of Administrative Law and Immigration Policy. At Ghuge Legal, our expertise allows us to: Our deep knowledge of Federal Court jurisprudence and our commitment to professional, expert-led client service make us the best-placed firm to handle your Work Permit application. We don’t just fill out forms; we protect your future. Link to case Singh v Canada (2026FC105):https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/529772/index.do #Caselaw#Immigrationlaw#IRCC#Workpermit#Refusalofapplication#Immigrationlawyer#immigrationconsultant#