Help!!! Leave of absence

[life_is_hard]

Hi there, I am planning to take a leave of absence from my studies for many personal reasons. I would like to know if I can stay in Canada during my leave of absence period? What happens to my spouse's open work permit?

Please let me know!

 

[scylla]

CIC is starting to crack down on students who drop out of school effective June 1st. So there's probably a decent chance your spouse's work permit is going to be canceled since you're no longer in school.

 

[life_is_hard]

But, leave of absence is not dropping out. Leave of absence means I have a valid reason to take a break for a while and come back to study when the university specifies. Also, I thought the new rules are only effective to students who have applied on/after June 1st. This is from CIC:

" Under the new rules, your study permit will become invalid 90 days after you have completed your study program. If you switch to a shorter-term program or finish your studies early, your study permit will expire 90 days after your study program has been completed. Your program is considered complete when you receive written notification of program completion (for example, a transcript or an official letter) from your institution or once you obtain your degree, diploma or certificate. This does not apply to you if your study permit application was received before June 1, 2014, or if you were issued a study permit before June 1, 2014."

Anyway, I should better call them up and ask them just to be sure.

 

[txboyscout]

But, leave of absence is not dropping out. Leave of absence means I have a valid reason to take a break for a while and come back to study when the university specifies. Also, I thought the new rules are only effective to students who have applied on/after June 1st. This is from CIC:
" Under the new rules, your study permit will become invalid 90 days after you have completed your study program. If you switch to a shorter-term program or finish your studies early, your study permit will expire 90 days after your study program has been completed. Your program is considered complete when you receive written notification of program completion (for example, a transcript or an official letter) from your institution or once you obtain your degree, diploma or certificate. This does not apply to you if your study permit application was received before June 1, 2014, or if you were issued a study permit before June 1, 2014."
Anyway, I should better call them up and ask them just to be sure.

Under the new rules, schools are required to report to CIC any Intl Students that are not enrolled full time; regardless of the reasons. CIC does not care what your reasons are, if you are not a enrolled full time (except your last semester) you are violating the conditions of your SP and they have a right to cancel it.

 

[life_is_hard]

I called up CIC, they said there should not be any problem. So just to make it clear, these RULES are only applicable to people who will get the study permit from June 1st and NOT before that.

They told me if I take a leave of absence I will still have to go back to school after the leave expires, so there should not be any problem if I take a leave and stay here/ go wherever.

 

[annegurl]

It really sounded though like those that were no longer enrolled for any reason would have to leave though? The phrasing is very odd. I've read the regulations over and over and it still seems like they will probably go after those who are not 'actively pursuing' their studies. I'm glad you were able to talk to someone at the CIC though.

 

[txboyscout]

It really sounded though like those that were no longer enrolled for any reason would have to leave though? The phrasing is very odd. I've read the regulations over and over and it still seems like they will probably go after those who are not 'actively pursuing' their studies. I'm glad you were able to talk to someone at the CIC though.

That's what it sounds like to anyone who reads it.....

The problem with CIC regulations are that they always use vauge language so that they are not legally boxed in

I would take whatever the CIC agent tells you with a grain of salt- you can talk to 5 different agents and get 5 different answers. Some of us are convinced that they know no more than you and I

If I were an intl student today, I would not risk taking a LOA unless A) I was planning on leaving the country during that period OR B) I had a significant medical reason

 

[sbarro90095]

The CIC visa officer makes the final decision, not the CIC help centre phone operator.

But, leave of absence is not dropping out. Leave of absence means I have a valid reason to take a break for a while and come back to study when the university specifies. Also, I thought the new rules are only effective to students who have applied on/after June 1st. This is from CIC:

" Under the new rules, your study permit will become invalid 90 days after you have completed your study program. If you switch to a shorter-term program or finish your studies early, your study permit will expire 90 days after your study program has been completed. Your program is considered complete when you receive written notification of program completion (for example, a transcript or an official letter) from your institution or once you obtain your degree, diploma or certificate. This does not apply to you if your study permit application was received before June 1, 2014, or if you were issued a study permit before June 1, 2014."

Anyway, I should better call them up and ask them just to be sure.

 

[life_is_hard]

Indeed. However, the only way to get information about their rules is their website/ talking to one of the agent in the call centre. Its hard to understand proper meaning of their rules just by reading it on the web.

 

[scylla]

I called up CIC, they said there should not be any problem. So just to make it clear, these RULES are only applicable to people who will get the study permit from June 1st and NOT before that.

They told me if I take a leave of absence I will still have to go back to school after the leave expires, so there should not be any problem if I take a leave and stay here/ go wherever.

I wouldn't rely on what the call centre staff tell you. Unfortunately they get basic questions wrong all of the time.

 

[life_is_hard]

Yeah may be you are right. I am actually thinking what other options I have. Do not want to screw with my immigration status right now since I will be applying for PR very soon. I think the most practical solution is to take small break from my PhD without any LOA since that will keep me enrolled.

 

[J5M]

Hi,

But, leave of absence is not dropping out. Leave of absence means I have a valid reason to take a break for a while and come back to study when the university specifies. Also, I thought the new rules are only effective to students who have applied on/after June 1st. This is from CIC:

" Under the new rules, your study permit will become invalid 90 days after you have completed your study program. If you switch to a shorter-term program or finish your studies early, your study permit will expire 90 days after your study program has been completed. Your program is considered complete when you receive written notification of program completion (for example, a transcript or an official letter) from your institution or once you obtain your degree, diploma or certificate. This does not apply to you if your study permit application was received before June 1, 2014, or if you were issued a study permit before June 1, 2014."

Anyway, I should better call them up and ask them just to be sure.

Incorrect. '90 days rule' continues to apply to whom a SP has been issued before June 1st.

Read Section 20/Regulations Amending the IRPR Act. http://gazette.gc.ca/rp-pr/p2/2014/2014-02-12/html/sor-dors14-eng.php

 

[life_is_hard]

I copied and pasted the above paragraph from CIC website.

 

[J5M]

Hi,

I copied and pasted the above paragraph from CIC website.

You should say that you have copied and pasted 2 'different' things together.

 

[A.G.Pennypacker]

The rules are pretty clear with respect to the SOWP. The international student must be studying full time in order for their spouse to be eligible. I would not mess with working illegally in Canada... this is a serious offence.

Regarding the transition from the old to new study permit regulations - the provision requiring students to actively pursue their studies is applicable to every study permit holder in Canada regardless of when the SP was issued...I know this for a fact.

The 90 day rule applies to only those who received their SP on or after June 1st. However, if you're forced to renew your SP due to your leave of absence you may need to demonstrate why you left school with documents from your doctor, university etc. If CIC is not satisfied you may be refused.