Current permit expires before my planned landing

[slonicsson]

Hi,

I got my passport request a couple days ago =).
Now I have the following dilemma. My study permit expires on December 31st.
I plan to go back to China around Mid January (after my thesis defence) on the implied status
and land when I get back. I am not sure if I have enough time to get my PR card
if I land in this November or early December.

I am wondering if this prolonged stay will influence my landing experience?

 

[hbic]

hi. i dont theres a problem with that. just send your passport right away. when you get your passport back, you already have another visa, and immigrant visa. you will be receiving a confirmation of permanent residency. when you go out of canada, that's all you need to get back in. you don't need pr card or whatsoever. just the immigrant visa, and confirmation of permanent residence, and some supporting documents. but, i just have a question, if you are still under study permit, how come you were able to apply for CEC? under what category did you apply?

 

[jes_ON]

The problem is: slonicsson will be overstaying the student visa by 15 days if the landing is not completed before the trip to China. If s/he lands before the trip, s/he will not receive the PR card before the trip.

Q for slonicsson - you said "implied status," does that mean you have already applied to renew your student visa?

 

[slonicsson]

Hi,
By implied status I meant the period of 90 days when I have the right to restore my temporary resident status.
HBIC - I worked before I went to grad school and currently is on a study permit which expires December 31.
So I was my question is that: can this non authorized extra stay cause me any issues when I land?

 

[jes_ON]

OK, just to be clear, that is not "implied status" - implied status is only if you've applied to renew your permit BEFORE your old one expires. What you're talking about is the 90 day grace period during which you can apply to restore status.

But if you want to complete the landing before you go, you can do so. You'd just have to apply for a travel document to return (since you wouldn't have your PR card yet).

http://www.cic.gc.ca/english/information/applications/travel.asp

As for whether overstaying by ~ 15 days before landing as a PR is a problem, PMM is best to comment on that.

 

[rjessome]

As for whether overstaying by ~ 15 days before landing as a PR is a problem, PMM is best to comment on that.

The 15 day overstay won't be a problem unless he gets in trouble with the police or does something to jeopardize his ability to land as a PR.

 

[hbic]

hi all. now i get it.. hehehe.. so i suggest, do your landing before your study permit expires. then apply for your travel document right away just like what jes_on mentioned. just do it as early as possible so you can have your travel documents by the date of your planned vacation. but, i think, if you land right away as soon as you receive your passport, you may get your pr card by end of january. the processing of pr card for new immigrant is only 33 business days. so you may still have a time.

 

[jes_ON]

The only other thing to check is, how long your PR visa is valid for. You need to make sure to land before it iexpires.

 

[Misun]

Hi guys,

I guess I am on a similar boat. I am planning to send my passport tomorrow and the letter says that it might take 30 days until I get the passport back from them. Problem is, my "90 days grace period" for applying restoration on my work permit will expire on December 13. Less than a month from now.

I will be staying in Canada until I cross the border to buffalo and come back. If my grace period expires when i try to land at buffalo. Will I have problems entering US and coming back?

What documents do I need?

Thanks all for your advice!

 

[rjessome]

Hi guys,

I guess I am on a similar boat. I am planning to send my passport tomorrow and the letter says that it might take 30 days until I get the passport back from them. Problem is, my "90 days grace period" for applying restoration on my work permit will expire on December 13. Less than a month from now.

I will be staying in Canada until I cross the border to buffalo and come back. If my grace period expires when i try to land at buffalo. Will I have problems entering US and coming back?

What documents do I need?

Thanks all for your advice!

No, your overstay is corrected when you leave Canada.

 

[Misun]

No, your overstay is corrected when you leave Canada.

Hi rjessome,

Thank you so much for clearing that up for me!

Misun

 

[slonicsson]

Hi All,

I called the call center and they told me to apply for another study permit to obtain the
implied status even though I am likely not get it before my departure to China.

Thanks for your help!

 

[rjessome]

Hi All,

I called the call center and they told me to apply for another study permit to obtain the
implied status even though I am likely not get it before my departure to China.

Thanks for your help!

Technically that IS what you should do to remain in status. But if you fell out of status, didn't get in any trouble during those out of status days, your status no longer counts as soon as you leave Canada. And you were asking if being out of status for 15 days would impact your ability to land as a permanent resident when you return to Canada. The answer is no, not if you leave Canada before landing as a PR.

So it's a judgement call. I personally prefer to err on the side of caution unless I can guarantee that there is no way anything negative could happen. Can you guarantee that you won't get pulled over for speeding, or a broken taillight or some other silly thing where you end up on the radar of the police and then CBSA? If you judge that you can that you might want to take the chance of being out of status for 15 days. If you would rather be safe than sorry then apply for the extension to keep yourself in status. Your risk of there being a problem is likely low but ya never know.