Travel

[Ana]

Hi! My express entry application has been in process since August 2020, I believe now it’s in its final stages but with COVID delaying everything, who knows.
I also have an open work permit that expires in September 2021.
I need to travel back home in Mexico for a couple of weeks (July 5-19)
Is there a conflict here that would complicate re enter or forbid it? If my trip wasn’t essential I wouldn’t go but I have to make this trip unless there’s a conflict with my pending application.
Any help would be greatly appreciated!!

 

[Riley Haas]

So the border is supposed to be open by then but who knows, as the closure has been continually extended.

Here is more information about traveling during covid with a work permit: https://www.canada.ca/en/immigratio...gn-workers-students.html#restrictions-workers

 

[Ana]

Hi thank you for answering to my request I guess what I’m referring to is if I travel without my PR being approved and just a valid work permit and then my PR gets approved while I am outside of Canada will I then not be able to come into Canada because I don’t have a physical card or can I be denied Entry into Canada if my work permit is expiring so soon after I come back? I don’t know if That makes sense? Thank you!

 

[Riley Haas]

So your PR Card will be delivered to the physical address in Canada you provided IRCC. In normal times, it would be mailed out in a couple of months. They say four months currently https://www.canada.ca/en/immigratio...vices/application/check-processing-times.html but I'm not sure when that was last updated. (The government has done a bad job of updating processing times during the pandemic.)

So, there are a few situations to consider (excepting covid, which is its own thing):

• If you return to Canada before your permanent residence application is approved, you still have your worker status so, provided you have both your valid work permit and a valid visa, you should have no trouble traveling to and entering Canada (again, ignoring the covid border issues)
• If your PR application has been approved but your card has not yet been mailed (which is very likely given the processing time) it's very unlikely that CBSA (the border agency) will know about that so, in theory, you could still travel as a visitor and enter as a worker like above (ignoring covid rules...)
• If your PR Card has already been mailed, it's also unlikely the CBSA will know about it so in theory you could re-enter as a worker.

In all of these cases, you should be prepared to explain to CBSA (if asked) that the reason you haven't renewed your work permit is because you are expecting a decision on your Express Entry application or have received said decision but not yet received the card. You had to travel home but the card didn't come in time, etc... (If you still haven't received the decision when you re-enter, and they ask about it, you have to tell them you are planning to leave when your work permit expires if your PR application was denied for any reason.)

The issue is if you cannot return before your visitor visa expires. (I should mention the different: a visitor visa is permission to travel to and maybe enter Canada, a work permit is permission to work in Canada.) I'm not quite sure what you can do here unless your PR Card has been issued and you can get it somehow. (I should point out that IRCC doesn't not want you having your PR Card mailed or couriered to you outside of Canada.)

Another issue is if they request you to pick up the card and you are physically in Mexico.

And then, on top of all of this, there's the covid border restrictions.

Sorry for the long answer. Hopefully it helps clarify things.