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[requester]

[requester]

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Provenance

A-number
A-2025-13310
Date
Source type
ImmReps
Institution
Immigration, Refugees and Citizenship Canada
Package
A-2025-13310 Part 1 (pages 826-827)
Checked

Official page: IRCC: Access to information and privacy

OCR best-effort from ATIP image [requester] 826-827 of part1.

Record

The Immigration Representatives Mailbox : De: Envoyé: [requester] A: Immigration Representatives / Représentants immigration (IRC) <[requester email]> Objet: [requester] Good [requester] you very much for the clarification. ‘Asa follow-up, could you outline the process for in-Canada students who take an unauthorized leave (i.e., they stop attending classes and do not inform the DLI)? Is my understanding correct that if the student applies for a visitor record, they may resume classes with their current study permit, as per your previous email, or would they need to apply fora new permit? Additionally, in the event that a student takes an unauthorized leave and does not apply fora visitor record, as mentioned in your previous email, would they still be eligible to resume studies after the 150-day period? Or would they need to leave Canada and apply fora new study permit? | appreciate your assistance in clarifying these points. Warm regards, On [requester] 27, 2025 at 1:07 'a0PM Immigration Representatives / Représentants immigration (IRCC) <[requester email]> wrote: Good day, Thank you for contacting the Immigration Representatives Mailbox Please note that this mailbox is intended for general guidance and does not provide responses to case-specific inquiries but have provided the following information as guidance. If you have case specific questions about a file, you are encouraged to submit the RCC Web form. Please see our response to your question. Questions As per the IRCC website, international students may take authorized leaves from their studies for a maximum of 150 days during their academic journey. A student on leave who resumes their studies within 150 days from the date the leave commenced (i.e., the date the leave was granted by the institution) is considered to be actively pursuing studies during their leave. However, if a student does not resume their studies within 150 days, they must either: © *Change their status (e.g., to visitor or worker status) © *Leave Canada 1. 1. For students who successfully change their status to visitor, are they eligible to remain in Canada until the end of their 6-month ban before reapplying for a new study permit or study permit extension (depending on the expiration 000837

date of their initial study permit)? Response : The visitor record specifies the conditions and validity period (length) of their stay in Canada ‘Astudent on leave from studies, not resurning their studies within 150 days, after changing their status to visitor, may resume their studies, using their previous study permit, as long as the study permit is valid. Ifthe study permit is about to expire when the student resumes their studies, the student must apply to extend their study permit in Canada, using the application to change conditions, extend your stay or remain in Canada as a student, before the expiry date. Students who submit the “application to Change [requester] Stay or Remain in Canada As a Student” form before the expiry date of the previous study permit will maintain their status as a temporary resident as per subsection R183(5). Under section R189, study permit holders may continue their studies under the same conditions as their previous study permit if they applied to extend their stay in Canada as a student. However, if they applied to extend their stay as a visitor, they may not pursue their studies when their current permit expires.

2. 2. For students who leave the country, assuming they wait until the end of the 6-month ban, would they be automatically eligible to apply for a new study permit?

Response student on leave from studies, not resuming their studies within 150 days, if they leave Canada they are considered compliant with their study permit conditions and may be eligible to apply for a new study permit.

3, 3. Alternatively, in either case, if the student applies for a Temporary Resident Permit (TRP) and is approved, can you confirm whether they would be eligible to apply for anew study permit? Would there be any additional steps required for such students?

Response: If your TRP is issued for six months or longer, you are eligible to apply for a study permit. If you wish to apply for a TRP and a study permit, you should complete the Application to change conditions, extend my stay of remain in Canada as a student MM 5709}. ‘* For more information on TRP, please refer to: Guide-5554-Apolyingto remain in Canad: temporary resident permit holder

4. 4. Lastly, assuming these students meet all other eligibility criteria, would the granting of their post-graduate work permits be at the immigration officer's discretion, or would they still be considered non-compliant and ineligible to apply?

Response: Please be advised that the assessment of an application is based on a case-by-case basis; each application will be considered on its own merits, with a final decision based on a review of all the information available to the officer at the time of decision. The onus is always on the applicant to provide sufficient documentation to satisfy an officer that they meet the requirements. If the officer determines that the applicant did not meet the conditions of their study permit, they may be prohibited from being issued a PGWP for 6 months from the date they stopped their unauthorized study or failure to comply with 2 condition(s), as per subparagraph [redacted licence]}(elll For information on PGWP eligibility and how to apply, please see: Work in Canada after you graduate: How to apply - Canada.ca We hope this information is helpful. Thank you kindly, [requester] 000838

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