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Can I leave Canada after applying an open work permit(LMIA to Common Law)

Lindala

Newbie
Jun 6, 2020
8
0
Hi, everyone. I'm currently in Canada with LMIA work permit and about to apply for common law sponsorship with open work permit.
my Question is ..Can I leave canada for 2 months after applying for those without loosing LMIA visa?
I googled about it and it says it is not a problem leaving canada after applying for those visa. However, if i come back before work permit is approved(implied status) I might be loose my previous visa which is LMIA.

My LMIA visa is vaild until 2024. It is not expiring soon. I'm wondering even if my current visa is not expiring, if I apply for another work permit, My status change to implied status?
 

Ponga

VIP Member
Oct 22, 2013
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If you are submitting an Inland spousal sponsorship application, you probably shouldn't leave Canada for 2 months. Inland applicants are required to remain in Canada during the process, though some people have left for a short trip, but 2 months is probably NOT a good idea.
I'm not sure about how implied status (which is now called Maintained Status, I believe) effects a person with your type of WP.
 

Lindala

Newbie
Jun 6, 2020
8
0
If you are submitting an Inland spousal sponsorship application, you probably shouldn't leave Canada for 2 months. Inland applicants are required to remain in Canada during the process, though some people have left for a short trip, but 2 months is probably NOT a good idea.
I'm not sure about how implied status (which is now called Maintained Status, I believe) effects a person with your type of WP.
Thabk you for answering! What do you think about 1month…? Is it safe not to leave at all…?
 

Runedog

Full Member
Aug 21, 2022
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Thabk you for answering! What do you think about 1month…? Is it safe not to leave at all…?
I did a 8 day trip, and it went fine. They just checked my eTA and OWP at the border and I was through in less than two minutes.

When they do issue the OWP the latter specificly state that the OWP is not a travel entry document. You should have a valid eTA or TRV to make the entry smooth imo.

Not sure how the LMIA WP works, but wouldnt that get cancelled when you file for a OWP? You wouldn't really need to file for OWP if you already have status until 2024...
You have status, so go do your things abroad first then apply for spousal sponsorship when you get back. I personally would not risk going away for 1-2 months.