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Help!!! Leave of absence

A.G.Pennypacker

Star Member
Jun 3, 2014
58
2
Quote from transitional provisions>

"Students are expected to be actively pursuing their studies regardless of whether or not their study permit was issued before or after the coming into force of the Regulations, and enforcement action for failure to do so is available to officers."

source: Canada Gazette Feb 12 2014
 

J5M

Champion Member
May 15, 2014
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A.G.Pennypacker said:
The 90 day rule applies to only those who received their SP on or after June 1st.

Incorrect.

"16. Section 222 of the Regulations is replaced by the following:

Invalidity

222. (1) A study permit becomes invalid upon the first to occur of the following days:

(a) the day that is 90 days after the day on which the permit holder completes their studies,


"20. Despite section 16, section 222 of the Immigration and Refugee Protection Regulations, as it read immediately before the day on which these Regulations come into force, continues to apply in respect of a temporary resident whose application for a study permit is received before that day or to whom a study permit has been issued before that day, for the duration of that permit."

http://gazette.gc.ca/rp-pr/p2/2014/2014-02-12/html/sor-dors14-eng.php
 

A.G.Pennypacker

Star Member
Jun 3, 2014
58
2
Sorry, but I have to disagree. The following was taken from the link you provided under transitional provisions.

"The provision which invalidates a study permit by the day that is 90 days following the completion of studies will not apply to those study permits the application for which was received prior to the coming-into-force date of these Regulations."
 

life_is_hard

Member
Jun 1, 2014
10
0
Hello again,

Just to clarify things, I have emailed both CIC and my province's immigration for this information, they replied me with the same confirmation as the CIC call centre did. If you have a valid reason, you can always take a break and your spouse can work. This is coming directly from the CIC. But they also said, when you apply for extension just provide with an explanation letter as to why you took a break. This is not as scary as you all are making it. Every now and then people can have problems and students can take a break: this is not illegal- as long as you have sufficient proof/ valid reason. So 'annegurl' if you are still confused you can also contact CIC regarding this and I am sure they will understand any difficulty you are facing.

The reason CIC is making all these new changes is because many students come here but do not continue to study: they start working / do other illegal activities. But if you are a genuine student, you will never have problem I believe.

Anyways, I thought I should share this information in case if anyone else is in this situation.



annegurl said:
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

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Jun 9, 2009
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life_is_hard said:
Hello again,

Just to clarify things, I have emailed both CIC and my province's immigration for this information, they replied me with the same confirmation as the CIC call centre did. If you have a valid reason, you can always take a break and your spouse can work. This is coming directly from the CIC. But they also said, when you apply for extension just provide with an explanation letter as to why you took a break. This is not as scary as you all are making it. Every now and then people can have problems and students can take a break: this is not illegal- as long as you have sufficient proof/ valid reason. So 'annegurl' if you are still confused you can also contact CIC regarding this and I am sure they will understand any difficulty you are facing.

The reason CIC is making all these new changes is because many students come here but do not continue to study: they start working / do other illegal activities. But if you are a genuine student, you will never have problem I believe.

Anyways, I thought I should share this information in case if anyone else is in this situation.
We are not trying to scare you but give our opnions on the matter

When you need an extension of your SP, CIC will have to accept whatever reason you provide them with. If they don't, you could have loads of trouble getting any further immigration benefits
 

A.G.Pennypacker

Star Member
Jun 3, 2014
58
2
hi life is hard,

Of course students can take a short break if they have an adequate excuse like medical or family. But CIC will most likely want verification of these personal issues otherwise we're back in the same place that CIC wants to avoid - students not actively pursuing their studies.

If your issues are serious enough that an extended leave is required one could argue that perhaps you should return home until they're sorted.

I'm not certain but I think one semester is the maximum an international student can take off without repercussion.

How long do you plan to take off?
 

roland27

Member
Jun 3, 2014
17
3
I am in the same boat. I m just worried that when we board canada after the break, would people at the boarder refuse your landing? They always check your student account in your school to make sure that you are registered.
 

17ha15

Hero Member
Oct 15, 2018
219
15
I am in the same boat. I m just worried that when we board canada after the break, would people at the boarder refuse your landing? They always check your student account in your school to make sure that you are registered.
Hi, I have the same exact situation where I applied for a leave of absence from my university and left to my country for Summer and then Im back to Canada. However, I want to renew my study permit now, am I eligible to do that? I have been in CANADA for one month now and will apply for extension tomorrow. Please let me know what happened with you and if u have any suggestion. Thank you!
 

17ha15

Hero Member
Oct 15, 2018
219
15
Hello again,

Just to clarify things, I have emailed both CIC and my province's immigration for this information, they replied me with the same confirmation as the CIC call centre did. If you have a valid reason, you can always take a break and your spouse can work. This is coming directly from the CIC. But they also said, when you apply for extension just provide with an explanation letter as to why you took a break. This is not as scary as you all are making it. Every now and then people can have problems and students can take a break: this is not illegal- as long as you have sufficient proof/ valid reason. So 'annegurl' if you are still confused you can also contact CIC regarding this and I am sure they will understand any difficulty you are facing.

The reason CIC is making all these new changes is because many students come here but do not continue to study: they start working / do other illegal activities. But if you are a genuine student, you will never have problem I believe.

Anyways, I thought I should share this information in case if anyone else is in this situation.
Hi, I have the same exact situation where I applied for a leave of absence from my university and left to my country for Summer and then Im back to Canada. However, I want to renew my study permit now, am I eligible to do that? I have been in CANADA for one month now and will apply for extension tomorrow. Please let me know what happened with you and if u have any suggestion. Thank you!