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*Need help!* Re-entering Canada 1 day before my study permit expires

japali

Newbie
Mar 11, 2013
6
0
Hi, I am an international student from Korea (south) and I have my study permit that expires on March 30th 2013.

I already applied for the extension through online on the 3rd, and the website status shows that they did confirm submission.

Now the thing is, I am planning to visit my home country for about a week, from 22nd to 29th, which only leaves me 1 day from expiration date of my study permit.

I seriously doubt that the officers(?) at the airport will reject my re-entry, but I wanted to make sure and see how much risk there is.

I really need some firm advice on this topic.
 

SenoritaBella

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Jan 2, 2012
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That's cutting it too close, can you wait and travel after the permit is renewed? This OP manual is dated 2010 and is old, but may be it could help shed some light: http://www.cic.gc.ca/english/resources/manuals/op/op11-eng.pdf Seek legal advice though to be sure.
 

japali

Newbie
Mar 11, 2013
6
0
SenoritaBella said:
That's cutting it too close, can you wait and travel after the permit is renewed? This OP manual is dated 2010 and is old, but may be it could help shed some light: Seek legal advice though to be sure.
A temporary resident must apply to extend their period of authorized stay before it ends. If they
have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made

R183(5)

Such a person is considered to have implied status as a temporary resident during that period.
If a temporary resident applies for renewal of their work or study permit and their permit expires
before a decision is made, R186(u) and R189 (the right to continue working or studying under the
same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada
.
A temporary resident with implied status who has left Canada may:

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 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.

says this under OP 11 - 24. Implied status...

does this mean I can re-enter as a visitor visa? and wait for their approval of my study permit but won't be able to attend classes?
 

just_do_it

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Nov 20, 2012
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normally, you are advised not to leave Canada while your application is in process since you could be denied entry.
I would not risk it and wait it out.

However, i have done something similar in the past where i entered Canada 5 days before my permit was to expire. But i had not yet applied for an extension and i explained that i needed to travel and since i could not leave after applying, i would apply as soon as i get back to Canada.

They let me in no problem. I was even offered to have a new permit processed and issued at the airport but i declined and said i would apply in mail with complete documentation (that i did not have with me at the airport).