You have a valid visa in your passport, a work or study permit, and a vacation planned for next month. Or perhaps your current permit has already expired, but you applied for an extension and are waiting for Immigration, Refugees and Citizenship Canada to make a decision.
Can you leave Canada for a week or two and come back? The answer may depend on much more than the expiry date on your visa.
Leaving Canada can affect your ability to return, your right to work or study after you come back, and in some cases an immigration application that is still being processed. A trip that is straightforward for one temporary resident can create a serious immigration problem for another person whose documents look very similar.
Before booking travel, you need to understand what immigration status you have today and what will happen to that status when you cross the Canadian border.
Re-Entry Is Never Automatic
A work permit or study permit gives you authorization to work or study in Canada under its conditions. It is not a travel document.
Depending on your citizenship, travel document and method of travel, you may also need a valid Temporary Resident Visa, commonly called a TRV or visitor visa, or an Electronic Travel Authorization, known as an eTA.
Even having a valid permit together with the required visa or eTA does not create an absolute right to enter Canada. When you arrive at a port of entry, a border services officer determines whether you continue to meet the requirements for admission.
This distinction becomes particularly important when your immigration situation has changed since your last entry.
When Travel Is Usually Straightforward
If you hold a valid work permit that will remain valid when you return, have the required travel document and continue to meet the conditions for admission, travelling outside Canada is generally much simpler than travelling while an extension or restoration application is pending.
The same general principle applies to a student whose study permit will remain valid when they return. A valid study permit does not guarantee re-entry, but it allows the person to seek admission as a student if the other requirements are met.
Students should also remember that the printed expiry date is not always the date on which a study permit stops being valid. A study permit generally becomes invalid 90 days after the permit holder completes their studies, even if a later expiry date appears on the document.
Visitors should be particularly careful not to confuse a visitor record with a visitor visa.
A visitor record confirms your visitor status in Canada and the date by which you must leave or apply to extend your stay. It does not guarantee that you can leave Canada and re-enter. A visa-required traveller normally needs a valid visa to return, while a visa-exempt traveller may need an eTA depending on how they travel.
When you enter Canada again as a visitor, the length of your new authorized stay is determined at entry. Most visitors may stay for up to six months, although the border services officer can authorize a shorter or longer period.
This means that a visitor record valid for many more months should not be treated as a guarantee that exactly the same period of stay will continue after an international trip.
Travel While on Maintained Status
The situation changes substantially when your permit has expired but you submitted an extension application before the expiry date.
For example, imagine that your work permit expired on September 1. You applied to extend it in August and IRCC has not made a decision yet.
If you meet the requirements for maintained status, you can legally remain in Canada while IRCC processes the application. A worker may also be authorized to continue working under the conditions of the previous permit, but IRCC specifically states that this authorization applies while the person stays in Canada.
If you leave Canada while the work permit extension is still being processed, you may be allowed to return as a visitor. If you return before the extension is approved, however, you cannot resume working merely because you were previously working under maintained status. You must generally wait until the new work permit is approved.
The same issue arises with study permit extensions. A student who applied before the permit expired may be allowed to return while the extension is still pending, but IRCC may admit that person as a visitor. In that situation, the person cannot study until the study permit extension is approved.
This can make a short vacation much more consequential than expected.
A person may successfully return to Canada and still discover that they cannot legally go back to work or classes.
The PGWP Travel Exception
Post-Graduation Work Permit applications require separate attention because the rules are not identical to the ordinary work permit extension scenario.
Certain graduates who applied for an initial PGWP while their study permit was valid may be authorized to work full-time while IRCC processes the application. Among other requirements, they must have completed their program and have been eligible to work off campus during their studies without exceeding the permitted hours.
IRCC specifically confirms that an eligible PGWP applicant can leave Canada, re-enter and continue working full-time while waiting for a decision. Leaving and returning does not, by itself, end this interim work authorization.
That exception should not be applied to every application involving a PGWP.
For example, IRCC distinguishes a person who applied to extend a PGWP because the original permit was shortened due to passport expiry. If that person leaves Canada while relying on maintained status, they may return as a visitor but cannot work without a work permit until IRCC decides the application.
The type of application matters.
If You Have Already Lost Status
A restoration application is not the same as an extension submitted before your status expired.
If your temporary resident status expired before you submitted the application, you do not have maintained status. You are asking IRCC to restore a status that has already been lost.
For workers, IRCC states that a person who has lost status must stop working. If eligible for restoration, the person may remain in Canada while IRCC decides the application, but normally cannot work until status has been restored and a new work permit has been issued. Approval is not guaranteed.
This is one situation where leaving Canada has a direct consequence for the application itself.
To remain eligible for restoration, an applicant must stay in Canada until IRCC makes a decision. If IRCC determines that the person left Canada while the restoration application was being processed, the officer must refuse the restoration application because the applicant is no longer eligible for restoration.
A restoration application also does not authorize re-entry to Canada. Once you leave, you cannot return on the basis that IRCC was considering your restoration request. If you later seek admission to Canada, you must meet the applicable entry requirements at that time.
For someone waiting for restoration, an international vacation is therefore very different from routine travel with a valid temporary resident status.
When Travel Can Affect a Pending Application
Sometimes the central risk is not the border itself. The problem is that your physical presence or temporary status in Canada may be relevant to an application that IRCC is currently processing.
Bridging Open Work Permit
Travel rules for a Bridging Open Work Permit, or BOWP, depend in part on the permanent residence program under which you applied.
For Express Entry applicants under the Federal Skilled Worker Program, Canadian Experience Class or Federal Skilled Trades Program, IRCC requires the applicant to live in Canada when applying for the BOWP but expressly allows temporary travel while the application is being processed. However, if your work permit expires while you are outside Canada, or you leave after it expires, you cannot work until your new work permit is approved.
Provincial Nominee Program applicants face an additional requirement. Whether the PNP permanent residence application was submitted through Express Entry or outside Express Entry, IRCC states that the applicant must be in Canada with valid temporary resident status when IRCC makes a decision on the BOWP. Otherwise, the BOWP application may be refused.
This creates a risk that many applicants do not consider when planning travel.
It is not enough to ask whether you can board a return flight. You also need to ask what could happen if IRCC makes a decision while you are outside Canada.
Inland Spousal Sponsorship
Travel also deserves careful consideration for an applicant under the Spouse or Common-Law Partner in Canada Class.
IRCC warns that if the sponsored spouse or partner leaves Canada while the application is being processed, there is no guarantee that they will be allowed to re-enter.
The regulatory requirements make this especially important. A member of this class must be the spouse or common-law partner of the sponsor and cohabit with that sponsor in Canada.
A temporary vacation does not automatically cancel an inland sponsorship application. The serious problem arises if the applicant cannot return and therefore can no longer meet the in-Canada requirements when the case is finalized.
This is why an applicant with an inland sponsorship case should consider the re-entry risk before treating international travel as routine.
Express Entry and Other PR Applications
Submitting an application for permanent residence does not itself give you temporary resident status and does not give you a separate right to return to Canada.
If you are living in Canada while an Express Entry or other economic permanent residence application is in process, your ability to remain, work, study and re-enter normally continues to depend on your separate temporary immigration documents.
Your PR application and your temporary status are related in practical ways, but they are not the same legal authorization.
Humanitarian and Compassionate Applications
A pending humanitarian and compassionate, or H&C, application also does not create temporary resident status or guarantee re-entry.
At the same time, departure from Canada does not necessarily mean that IRCC will stop processing the H&C application. IRCC expressly states that even where a person is under a removal order and must leave Canada, an H&C application does not delay removal and can continue to be processed after departure.
This produces an important distinction:
Your application may continue even when your ability to return to Canada does not.
PR Confirmation and Travel
Travel can also create complications at the very end of the permanent residence process.
When IRCC approves an in-Canada PR application and begins virtual confirmation through the Permanent Residence Portal, the applicant must confirm that they are physically in Canada.
IRCC states that it cannot confirm permanent resident status through the portal while the applicant is outside Canada. If you plan to travel before receiving your electronic Confirmation of Permanent Residence, or e-COPR, IRCC instructs you to contact the department using the email address in the invitation message.
A trip at this stage may not destroy the approved PR application, but it can affect the timing and process of finalization.
Once your PR status has been confirmed and you receive your e-COPR, the travel rules change again because you are now a permanent resident. If you leave Canada before receiving your first PR card, you generally need a Permanent Resident Travel Document, or PRTD, to return to Canada by commercial transportation such as a plane, train, bus or boat.
When Leaving Can Block Your Return
Some immigration situations create much more serious re-entry problems.
Temporary Resident Permit
A Temporary Resident Permit, or TRP, should never be confused with a visitor visa.
A TRP may allow a person who is inadmissible or otherwise does not meet the requirements of the Immigration and Refugee Protection Act to enter or remain in Canada temporarily.
IRCC states that a TRP is no longer valid once the holder leaves Canada unless the permit specifically states that it is valid for re-entry.
For a TRP holder, an international vacation can therefore have a completely different legal effect from travel by someone holding an ordinary work or study permit.
Removal Orders and ARC Requirements
If you have been issued a removal order, return to Canada may depend on the type of order and whether it was properly enforced.
A person subject to a deportation order is permanently barred from returning unless an Authorization to Return to Canada, or ARC, is issued. An exclusion order may prevent return for one year, or five years where it was issued for misrepresentation, unless the necessary authorization is obtained.
A departure order also requires careful compliance. If it is not properly enforced within 30 days after the order becomes enforceable, it automatically becomes a deportation order.
In these cases, simply possessing a visa is not enough to resolve the underlying immigration issue.
Travel Scenarios at a Glance
| Your situation | What may happen on return | Work or study after return | Effect on pending application |
|---|---|---|---|
| Valid work permit | Admission assessed at border | Usually possible while permit remains valid | Usually no direct effect |
| Valid study permit | Admission assessed at border | Usually possible while permit remains valid | Usually no direct effect |
| Visitor record | New admission still required | Visitor status does not authorize work or study | Depends on other applications |
| Work permit extension, maintained status | May be admitted as visitor if extension is pending | No work until approval if old permit expired | Extension may continue |
| Study permit extension, maintained status | May be admitted as visitor | No study until approval | Extension may continue |
| Eligible initial PGWP application | Admission still required | Eligible applicant may continue working | Application continues |
| Restoration pending | Restoration does not protect re-entry | Normally no work or study | Restoration application must be refused if the applicant leaves Canada before a decision is made |
| BOWP for FSW, CEC or FST applicant | Temporary travel is permitted, but re-entry requirements still apply | No work if the previous permit expired and the new BOWP is still pending | Travel does not by itself make the applicant ineligible |
| PNP BOWP pending | Re-entry depends on temporary resident requirements | Depends on current authorization | Applicant must be in Canada with valid temporary resident status when IRCC decides the BOWP |
| Inland spousal PR | Re-entry is not guaranteed | Depends on separate temporary status | Inability to return can affect eligibility |
| H&C pending | Independent admission requirements still apply | Depends on separate authorization | H&C may continue after departure |
| TRP holder | Existing TRP normally becomes invalid on departure | Depends on separate authorization | Re-entry may require new authorization |
| PR confirmation in progress | Temporary resident rules still matter until PR is confirmed | Depends on current authorization | PR cannot be virtually confirmed while applicant is outside Canada |
| PR confirmed, first PR card not received | Person returns as a permanent resident | PR status is already in effect | A PRTD is generally required to return by commercial transportation |
Before You Book: A Travel Checklist
Before purchasing tickets, ask yourself the following questions:
- What is my exact immigration status today?
Do not rely only on the name of the last document IRCC issued to you. - When will my current status or permit expire?
Check whether it could expire while you are outside Canada. If you are a student who has completed your program, remember that your study permit may become invalid before the printed expiry date. - What document do I need to travel back to Canada?
Depending on your circumstances, this may include a valid passport, TRV or eTA. - Am I currently relying on maintained status to work or study?
If so, determine what will happen to that authorization after you leave. - Have I already lost status and applied for restoration?
If so, leaving Canada before IRCC makes a decision will make you ineligible for restoration and the application must be refused. - Is a pending application dependent on my being physically in Canada or having valid temporary resident status?
This can be critical for some applications, including a PNP Bridging Open Work Permit. - What happens if IRCC makes a decision while I am abroad?
- Has IRCC started the process of confirming my permanent residence?
If your PR has already been confirmed, do you have a valid PR card for your return, or will you need a PRTD? - Do I have a TRP, inadmissibility issue, previous removal order or possible ARC requirement?
- If I return only as a visitor, can I legally stop working or studying until my new permit is approved?
That last question is often the most practical one. Being admitted to Canada does not necessarily mean returning to exactly the same immigration position you had before your trip.
Most temporary residents can travel without creating an immigration problem when their status, permits and travel documents are valid and no pending application depends on their continued presence in Canada. Other situations require much more careful planning. If you are unsure whether a trip could affect your status, your right to work or study, a pending application, or your ability to return to Canada, MBLAW Professional Corporation can review your circumstances in an immigration consultation before you make your travel plans.
