Can a temporary visa violation affect my express entry application

[MickeyMoore05]

Hi there,

So I took a leave of absence from studies for the sole aim of applying for pr because I qualify. The problem is, I had worked briefly and unknowingly during this time of my leave of absence and I fear it may affect my pr application. Am I in jeopardy? Please help!

 

[scylla]

Hi there,

So I took a leave of absence from studies for the sole aim of applying for pr because I qualify. The problem is, I had worked briefly and unknowingly during this time of my leave of absence and I fear it may affect my pr application. Am I in jeopardy? Please help!

You must have valid status in Canada if you are applying for PR through Express Entry. The risk you run is that you may fall out of status in Canada and therefore not qualify to apply for PR from within Canada. If you stop attending school, your school is suppose to report this to IRCC and this may result in your study permit being canceled. Depending on how long your leave was, there's a risk your study permit may no longer be valid.

 

[MickeyMoore05]

You must have valid status in Canada if you are applying for PR through Express Entry. The risk you run is that you may fall out of status in Canada and therefore not qualify to apply for PR from within Canada. If you stop attending school, your school is suppose to report this to IRCC and this may result in your study permit being canceled. Depending on how long your leave was, there's a risk your study permit may no longer be valid.

Thank you.
Please how can I confirm if my study permit is still valid or not?

 

[scylla]

Sorry - I don't know.

If you have a valid eTA or TRV then it may make sense to leave Canada for a while and then re-enter to ensure your status is valid. Or it may make sense to apply for PR from your home country. There's no advantage to applying for PR from Canada - you can just as easily apply from outside of Canada.

Note that the work you did in Canada while on leave cannot be counted as work experience towards any immigration program in Canada. So make sure you aren't taking any points for it.

 

[scylla]

How long have you been out of school exactly?

 

[MickeyMoore05]

How long have you been out of school exactly?

3 months.

 

[scylla]

3 months.

that's good - in that case just return to school as a full time student in January and there should be no impact to your study permit application (i.e. it will remain valid). I would not recommend staying out of school any longer.

Also make sure you stop working now (you can't even work part time) and don't start again until you are in school again.

You won't qualify for a PGWP. However if you do the above, there won't be an impact to your PR application.

Or - if you don't want to return to school - either apply to change your status in Canada to visitor or return to your home country.