Implied Status and time away from Canada during such

[Rock_hound]

I have just applied for an extension for my study permit (which expires in 3 January) and am thus in "implied status" according to the rules. It is highly likely or a basic certainty that my application will still be in process by the time this date rolles around.

I am, however scheduled to take a trip to the United States for holiday and not return untill after the 3rd has passed.


Chapter 24 of CIC operations Manual OP-11 states the following:

A temporary resident with implied status who has left Canada may:

{ A } be allowed to re-enter Canada as a temporary resident, pending a decision on the renewal of
their application to study or work in Canada, provided they are TRV exempt as per R190 or on
a multiple-entry visa. They may not resume work or study in Canada until their application for
renewal has been granted. For those not able to resume work, they must satisfy the BSO that
they have sufficient means of support. (Note that this applies to foreign nationals who are
TRV exempt as per R190(3)(f) and to those on multiple-entry visas.)

{ B } be allowed to apply for a new work or study permit at the port of entry provided they have a
right to do so under the Regulations.

And so I am currently working on my fall-back application for my return trip to Canada following path B specified above

Since I am a US Citizen, I am allowed to apply at a Port of entry. Question is, What form should I use:

>> IMM 1294, Application for a Study Permit Made Outside of Canada
>> IMM 1249, Application to Change Conditions, Extend my Stay or Remain in
Canada

I am assuming I need to pony up an additional C$125 for this application in addition to the $125 already punted for the online application.

Thanks!

~RH