Leave and re-enter Canada while work permit is being processed?

June 27, 2009 9:07 AM

Can I leave Canada and re-enter while a work permit is being processed?

In August, after my master's program has completed, I'll be applying for a postgraduate work permit. I also feel like I need a vacation. I'm currently in Canada on a study permit that is valid until the end of September.

Can I leave Canada and re-enter while they are processing the new work permit? I am a US citizen.

posted by pravit to law & government (4 comments total)

I was in the same position as you a couple of years ago, and the short answer is: they don't have to let you back in. When I called the CIC call centre, the person I spoke with basically said it's up to whoever you get at the border.

I only chanced it once, and they did let me back in - but I was crossing a land border back into the States (I'm a US citizen) and I hadn't been gone for very long. The inspector didn't even ask me what my status in Canada was, I just showed them my passport and they waved me through. (This does not happen infrequently at the land crossings in my area.) Not sure what would have happened if they had asked more questions.

I don't know if I would try international air travel if I were you - the increased security means you're almost certain to get hassled and possibly not let back in.

Also, there are lots of nice places in Canada to vacation. I've heard the maritimes are beautiful in the summer, and there's always out west... if not being let back into Canada until your work permit is approved will cause problems for you, you might not want to risk it.
posted by AV at 9:30 AM on June 27

Thanks for your answer AV.

Is it because applying for a work permit invalidates your study permit? The CIC website makes it seem that as a US citizen I can re-enter Canada as long as my study permit is still valid and I have my US passport.
posted by pravit at 11:45 AM on June 27

I don't know specifically about Canada and these particular permits, but generally countries are not keen on your entering while you have a visa application being processed, even if you could enter legally under another heading. It makes sense --you have shown you want to stay, so they are afraid that you will stay even if the new visa is refused.

And it is not clear that you are bound to be allowed to re-enter under the old visa. You would not be returning to study on the course for which it was issued, and the short time left on it might again raise concerns that you would overstay.

The webpage you cite does not promise that you will be allowed to re-enter under all circumstances.
posted by Idcoytco at 5:41 PM on June 27

On reflection, I think I mis-read your question. If your study permit is valid, you'll probably be okay - I had read your question as asking whether you could travel after your study permit had expired, but while your post-grad work permit was pending.
posted by AV at 7:40 PM on June 27