Record
8.19(1) EM eeccc mires Semen case
Would appreciate any insights on these questions, especially regarding the ability to resume work upon re-entry.
‘RESPONSE:
Please note that we cannot provide case specific information.
An applicant can re-enter Canada while on maintained status as long as they have a valid TRV or eTA (if required). They may not be eligible to
either work or study upon re-entering Canada (see R189, R189.1 or R186{u)).
We hope this information is of assistance.
Thank you kindly,
[requester]
De:
Envoye: [requester]
A: immigration Representatives / Représentants immigration (IRC) <[requester email]>
Objet: [requester]
Dear [requester],
Happy New Year!
Ihave some questions regarding a PGWP applicant who:
‘ls currently on maintained status
‘Has expired study permit and visa
«Plans to travel to the US and re-enter Canada
I'm seeking clarification on two points:
1. Can the applicant re-enter Canada? | believe they can as they would be TRV exempt under R190(3)(f)(Ii). Of course they will need to satisfy
both the air carrier's requirements and the CBSA officer's examination upon arrival.
2 Can they resume work upon re-entry? Thisis less clear as:
‘+1 suppose he cannot per the IRC operational guidelines page for maintained status in general: "Regardless of the De Brito decision, the
authorization to work and study without a permit under paragraph R186(u) or section R189 while pending a decision on an application ends
on departure from [requester] the new study or work permit has not been issued prior to the applicant's return, they may not resume work or
‘study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer
that they have sufficient means of support and that they willnot study or work without authorization."
I'mwaiting for my post-graduation work
permit. Can I travel outside Canada?
‘YoU can leave Canada and eter a5 ong as your Ysa oF eceonc ral
uhouzation 6738s val Your peat study or work nota via and
doesn't sow youto travel back ta Canad
"your via ot eTA expe. you have to get anew one before you return
tocanade
Wen you return to Cana:
+ You may enter aba student your study peers silva
+ tfwe approve your pst gration work permit{PGWNP] whe you're
+ tf your study pert was vald when you applied and we've si
processing your PGMP, you nny enter asa vr and work without 2
> you apled to exeid YOUr FEMPTO Ge the ull uation of your
We because your passport expted and you ef Canada white on
can't workewithout a work permit uilwe make a decson
‘s However, there seems to be conflicting information in the IRCC.Q&A section your application
Would appreciate any insights on these questions, especially regerding the ability to resume work upon re-entry
Thank you for your guidance!
Best regards,
[requester]
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