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I've accidentally worked 3 months during leave of absence as international student.

michael11358

Newbie
Nov 10, 2018
5
1
I've been in Canada for 6 years as a student. I took a 1 year authorized leave of absence from sep 2018 - sep 2019.
I was under impression that i can use my study permit to work off campus full time. because i thought that LOA is as same as scheduled break and my academic advisor said that there shouldn't be a problem.

Last week i, by accident, found out that i'm not allowed to work off campus on LOA. I had no idea.

For that reason i cancelled my LOA and going back to school this January (in 1.5 month).

Did anybody else have this experience?

What do I do now?
 

scylla

VIP Member
Jun 8, 2010
92,911
20,528
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Unfortunately there's nothing you can do at this point - what's done is done. An LOA is not the same as a scheduled break - the work was certainly illegal. Note that a leave of absence can also impact your ability to get a PGWP approved. Qualifying for a PGWP requires continuous studies with no unscheduled breaks. In the end, whether the illegal work and/or unscheduled break will impact your PGWP is really impossible for any of us to say. That will be up to the visa officer processing your application.
 

michael11358

Newbie
Nov 10, 2018
5
1
Thank you for your reply.

Do you know if I’d be eligible to apply for PR under common-law class taking into account these circumstances?

Unfortunately there's nothing you can do at this point - what's done is done. An LOA is not the same as a scheduled break - the work was certainly illegal. Note that a leave of absence can also impact your ability to get a PGWP approved. Qualifying for a PGWP requires continuous studies with no unscheduled breaks. In the end, whether the illegal work and/or unscheduled break will impact your PGWP is really impossible for any of us to say. That will be up to the visa officer processing your application.
 

scylla

VIP Member
Jun 8, 2010
92,911
20,528
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you for your reply.

Do you know if I’d be eligible to apply for PR under common-law class taking into account these circumstances?
Yes - you'll be eligible.
 

michael11358

Newbie
Nov 10, 2018
5
1
That’s good news.

Maybe there’s a place on the PR application where I should mention that I’ve accidentally worked during LOA?
 

scylla

VIP Member
Jun 8, 2010
92,911
20,528
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
That’s good news.

Maybe there’s a place on the PR application where I should mention that I’ve accidentally worked during LOA?
You should always be 100% honest in applications.

You also want to make sure you don't do any further work illegally. Too much of this can sometimes jeopardize spousal sponsorship applications and make IRCC concerns you're in a marriage/relationship of convenience.
 

MickeyMoore05

Full Member
Dec 3, 2018
32
4
Hey Michael11358 I have the same exact situation and I’m planning on applying for express entry. How is yours going?
 
Feb 21, 2019
2
0
I've been in Canada for 6 years as a student. I took a 1 year authorized leave of absence from sep 2018 - sep 2019.
I was under impression that i can use my study permit to work off campus full time. because i thought that LOA is as same as scheduled break and my academic advisor said that there shouldn't be a problem.

Last week i, by accident, found out that i'm not allowed to work off campus on LOA. I had no idea.

For that reason i cancelled my LOA and going back to school this January (in 1.5 month).

Did anybody else have this experience?

What do I do now?
Hi Michael, how did you go with the PR application. Thanks,
 

17ha15

Hero Member
Oct 15, 2018
219
15
Unfortunately there's nothing you can do at this point - what's done is done. An LOA is not the same as a scheduled break - the work was certainly illegal. Note that a leave of absence can also impact your ability to get a PGWP approved. Qualifying for a PGWP requires continuous studies with no unscheduled breaks. In the end, whether the illegal work and/or unscheduled break will impact your PGWP is really impossible for any of us to say. That will be up to the visa officer processing your application.
but in the new rules, it says that if the LOA was valid and logical and approved by the university, applicant can be eligible for PGWP
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Hi everyone! I'm interested in the outcome of this as the information is difficult to find. Thank you
Every situation is different. Government can also change their priorities. If they think illegal work of students becoming too big of a program they can make an example of people so students working illegallly so others start following the rules. In general it it an especially bad idea to work While on a leave of absence. That period will be scrutinized more than other periods.
 

oyalitit

Newbie
Feb 3, 2022
1
0
I've been in Canada for 6 years as a student. I took a 1 year authorized leave of absence from sep 2018 - sep 2019.
I was under impression that i can use my study permit to work off campus full time. because i thought that LOA is as same as scheduled break and my academic advisor said that there shouldn't be a problem.

Last week i, by accident, found out that i'm not allowed to work off campus on LOA. I had no idea.

For that reason i cancelled my LOA and going back to school this January (in 1.5 month).

Did anybody else have this experience?

What do I do now?
How is it going...We need an update please