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Can a Visitor Leave Canada While Processing Their Work Permit Application?

January 19, 2025Workplace2359
Can a Visitor Leave Canada While Processing Their Work Permit Applicat

Can a Visitor Leave Canada While Processing Their Work Permit Application?

Yes, a visitor can leave Canada while their work permit application is being processed. The key to maintaining your legal status lies in ensuring that you adhere to the specific requirements and instructions provided by the Canadian Border Services Agency (CBSA) and immigration authorities. Leaving Canada while your application is being reviewed should not directly impact the application process. However, it is crucial to follow all guidelines carefully.

Important Considerations Before Leaving Canada

When a visitor applies for a work permit while in Canada, they must leave the country by one of the following deadlines:

The departure date issued by CBSA upon entry The end of the 6-month maximum stay allowed for visitors with a visa The expiry date on their visitor's visa

It is important to note that applying for a work permit does not grant you an extension to stay beyond your required departure date. Overstaying your visa can lead to a denial of your work permit application, as well as the potential for a removal order and an exclusion order ban from re-entering Canada.

Multi-Entry Visa and Returning to Canada

If your visa is multi-entry, you are permitted to leave and return to Canada. However, this action will not affect your work permit application as long as you adhere to the rules and guidelines provided. The application process can still proceed while you are outside of Canada.

It is highly recommended to notify the Immigration, Refugees and Citizenship Canada (IRCC) of any changes in your contact information or location when you leave the country. Failure to update these details can significantly delay the processing of your application.

Rare Cases and Employer Requirements

A visitor visa typically does not allow for work authorization. You would need to find a rare situation in which a Canadian employer has a specific need for a temporary foreign worker, and they would need to prove to the Government of Canada that no local workers are available or willing to do the job. Alternatively, you could apply for work authorization from outside Canada, though this is also subject to similar stringent requirements.

It is important to understand that both visitor status and work authorization are different statuses. You can apply for work authorization either within Canada or outside, depending on the specific circumstances and eligibility criteria. The process for each can be quite different, and it is crucial to follow the correct procedures to avoid delays or complications.