Tecle said:
But my working holiday permit expired last September
Saludos Tecle,
Espero que estén bien, pero continuemos esta conversación en inglés. So, based on your previous posts, I gather that you are a Spanish citizen living in Canada under the International Experience Canada (IEC) initiative. According to your last post, you were issued an OPW under the Working Holiday Program (WHP), and your permit expired last Sep. while you were waiting for AIP.
As I mentioned in a previous post - I'm going to quote myself here, - "
AIP DOES NOT GUARANTEE YOU THE RIGHT TO REENTRY (technically speaking, the only thing that can do that is citizenship. For foreign nationals reentry is not a right, but a privilege)." With that in mind, the one thing that can eventually help you get back into the country after traveling abroad is a valid Working Holiday Visa (WHV) - or WHP if you prefer -, which you do not have a this moment given that yours expired back in Sep. But what if you apply for an extension or reapply for it? Let's see how that works.
A WHP Canada Work Permit can not be extended after its expiry (expiration) date. To obtain a new one you would need to reapply to the Canadian embassy in your home country several weeks BEFORE your current permit expires. Although you may be residing in Canada while the application is processed, once it is approved you would need to leave Canada, and on reentry you would present the Letter of Introduction (LOI) to a CBSA officer at the POE, where a new OWP would be issued. This doesn't seem to be a practical alternative for you right now.
Now, since you are from Spain, in theory, you could go to the US for a few days and then come back to Canada without any problems given that you are from a visa-exempt country. That may not be the case at all. If you decide to travel abroad and come back, what a CBSA officer may see in you is an individual that, after allowing his status to expire - the WHP- , has decided to leave and come back as a visitor
but with the true intent of remaining permanently in the country. Ouch!! - Double Intent does not apply in this case -. (Please read my previous post about it). Reentry could easily be denied, no doubt!
Also, you should know that a WHP does not allow "implied status" for a foreign national to continue working after the permit expires, even if there is another WHP work permit application in process. If your original permit expired in Sep. and you got a new OWP in virtue of the AIP just a few days ago, that means that, if you did not stop working after your original permit expired, you were doing so for a couple of months without valid work authorization under the false impression that there was implied status. Ouch again!
Finally, once your WHP (WHV) expired, which is pretty much what validated your status while in Canada, you were supposed to contact CIC to change your status from a worker to that one of a visitor, which you did not do (this does not happen automatically). To help you understand what I am trying to get into here, please answer the following question: what is your current immigration status? An expired WHP is not a valid status. Being sponsored by a spouse is not a status per se, but a process that may eventually grant you one, PR. Are you a visitor then? You never contacted CIC to get permission to reside temporarily within Canada as one. So What are you? I think, Tecle, that what you are is a very lucky person. When you think about it this may explain why the IO, after reviewing your case in detail, decided to grant you AIP right away to help you avoid any complications.
Tecle, please do not push your already extraordinary luck, and stay put until you get your PR. If you leave, there is the likelihood that you will be denied reentry into Canada, which would completely jeopardize your inland process in more ways than one. To be 100% sure about this, you may want to consult an immigration lawyer (I am predicting that he/she will recommend you to stay in Canada until you get your PR, which should be happening pretty soon anyways.)
(Si yo estuviera en tus zapatos me quedaba en Canadá hasta recibir la residencia permanente. Es muy, muy riesgoso salir)
Buena suerte / good luck.
S.