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Traveling outside Canada while awaiting an immigration response is one of the biggest sources of anxiety for temporary residents. This is especially true if you don't understand the rules of Maintained Status, as this can cause you to lose your right to work upon your return.
Many people make the mistake of focusing only on the date of their work or study permit and believe that this is sufficient to re-enter the country; however, what allows physical entry is the stamped visa (or eTA).
Today, I will share a guide on the essential documents you need to travel and what precautions you should take depending on your current situation. Read on to the end to understand how to protect your right to work or study if you decide to cross the border before receiving your new documentation.
To understand risks in status, it is necessary to distinguish between these two documents:
General rule: even if your permit is valid, if the visa stamped in your passport has expired, you will not be able to re-enter Canada (unless you are returning exclusively from the US or Saint Pierre and Miquelon under specific conditions).
If you are from a visa-exempt country, such as Spain, make sure you have a valid eTA linked to your current passport.
Find more information at the official link: https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=208&top=17
Maintained Status occurs when you apply to extend your permit before the current one expires. The risk here is high, so keep the following in mind:
Note: You will be able to enter (if you have a visa/eTA), but you will have to wait as a visitor until the extension is approved.
If you have already received confirmation of your permanent residence (PR), but you do not yet have the physical card (PR Card) in your possession, you should not leave Canada.
The approval letter is not a travel document. If you leave, airlines will not allow you to board your return flight and you will be forced to apply for a special document (PRTD) abroad, which is a slow process that could delay your return for weeks.
Note: If you are denied entry for any reason, your residency application will be considered abandoned.
Note: Only after being approved can you use the Travel Document for Protected Persons, but remember: you cannot visit your country of origin with that document or you will lose Canadian protection.
If your study permit is valid, you can re-enter until the day it expires. However, we recommend not waiting until the last day. If your flight is canceled or an unforeseen event occurs and you arrive at the border with an expired permit, you will lose your status.
Note: Ideally, you should plan to re-enter at least one week before expiration.
Do you have questions about the validity of your status before purchasing your flight? Click here and schedule a consultation to review your dates and documents before leaving Canada.
Knowing which document is missing from your profile or understanding the expiration dates for each one is what guarantees a risk-free immigration process.
At Immiland Law, we help you manage your extensions and visas so that you can leave the country and return with peace of mind that your permanent residence will not be affected.
If you need personalized immigration guidance, visit our website: https://en.immilandcanada.com/law/canada and explore the services available.
I hope this topic helps you travel with peace of mind and protect your right to remain in the country.
Thank you for reading. Don't miss our next blog post on work permits rejected due to employer error.
With love,
Immiland Law Professional Corporation
