Travelling out of Canada and coming back while on maintained status (waiting for new study/work permits)

[Kactuzz]

Hello everyone,

My wife and I have an important trip out of the country planned for next month, but we're currently waiting for our new permits (study permit for her, work permit for me, attached to hers). We applied for these new permits in May, because she finished her degree and is now starting another one. Our requests were quickly approved by the province of Quebec, but after five months we still haven't received any updates from IRCC.

The visas on our passports have expired, but we could try to exit and come back as tourists. But my question is: will that affect our maintained status? Will I be able to keep working and will she be able to keep studying?

Thank you for any advice you can provide.

 

[forevermore76]

Hello everyone,

My wife and I have an important trip out of the country planned for next month, but we're currently waiting for our new permits (study permit for her, work permit for me, attached to hers). We applied for these new permits in May, because she finished her degree and is now starting another one. Our requests were quickly approved by the province of Quebec, but after five months we still haven't received any updates from IRCC.

The visas on our passports have expired, but we could try to exit and come back as tourists. But my question is: will that affect our maintained status? Will I be able to keep working and will she be able to keep studying?

Thank you for any advice you can provide.

"Regardless of the De Brito decision, the authorization to work and study without a permit under paragraph R186(u) or section R189 while pending a decision on an application ends on departure from Canada. If the new study or work permit has not been issued prior to the applicant’s return, they may not resume work or study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer that they have sufficient means of support and that they will not study or work without authorization."

Source: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

What's your country of citizenship? You might be able to get a WP at port of entry based on your citizenship.

 

[Kactuzz]

"Regardless of the De Brito decision, the authorization to work and study without a permit under paragraph R186(u) or section R189 while pending a decision on an application ends on departure from Canada. If the new study or work permit has not been issued prior to the applicant’s return, they may not resume work or study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer that they have sufficient means of support and that they will not study or work without authorization."

Source: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

What's your country of citizenship? You might be able to get a WP at port of entry based on your citizenship.

I'm from Argentina but I also have Italian citizenship. My wife only has an Argentine passport, so I'm afraid she might not be able to continue her studies if we leave and come back

 

[forevermore76]

I'm from Argentina but I also have Italian citizenship. My wife only has an Argentine passport, so I'm afraid she might not be able to continue her studies if we leave and come back

Neither of you can continue to work or study once you leave and return unless your applications are approved while away.
Upon return, CBSA will assess you as visitors and allow entry if you can support yourselves while waiting. You might have the option to apply for study and work permit on arrival though, I'll let others comment.

 

[YVR123]

Hello everyone,

My wife and I have an important trip out of the country planned for next month, but we're currently waiting for our new permits (study permit for her, work permit for me, attached to hers). We applied for these new permits in May, because she finished her degree and is now starting another one. Our requests were quickly approved by the province of Quebec, but after five months we still haven't received any updates from IRCC.

The visas on our passports have expired, but we could try to exit and come back as tourists. But my question is: will that affect our maintained status? Will I be able to keep working and will she be able to keep studying?

Thank you for any advice you can provide.

Maintenance status is lost once you travel outside of the country. You can only return with TRV or eTA as visitors. And you cannot work or study.
Once you get the new permit applications approved by IRCC, then you can work/study again.