Parents often ask:
What happens if we applied to extend our child’s study permit on time, but left Canada and returned before receiving a decision — and, as a cherry on the top, the permit expires in the meantime?
Here’s a timeline and an explanation of the legal consequences:
- The daughter’s study permit expires at the end of June.
- The extension application was submitted back in March.
- The family went on vacation and returned to Canada on May 31.
- Until now no decision has been received from IRCC.
⁉What happens now? Is the child still legally in Canada?
When a status extension application is submitted before the current permit expires, the applicant automatically receives “implied status” — the temporary right to remain in Canada and continue studying or working until a decision is made.
‼However, this “implied” status is lost the moment the person leaves Canada.
Upon re-entering Canada, the applicant is admitted by the border officer under standard conditions — usually visitor status for 6 months.
What does that mean for the child in our situation?
Upon arrival, on May 31, the daughter lost her implied status, but she is still legally in Canada as a visitor — with visitor status valid until the end of November 2025 (the standard six-month period).
The study permit extension application is still being processed.
What If there will not be decision rendered by the end of November?
If IRCC has not issued a decision by the end of November, the parents must apply to extend her visitor status.
‼This is crucial, because if the IRCC officer opens the study permit file after the visitor status has expired, the child will be considered “out of status” and will receive an automatic refusal for study permit extension because she is out of status at the time of the decision to be rendered
This would require an additional submission for a restoration of status— a lengthy and more complex process that may take up to 8 additional months of waiting.
‼All this time, having even one family member without legal status is highly risky. It can negatively affect the renewal of the parents' work permits and the entire family’s permanent residence process.
Please, BE AWARE:
- If you leave Canada after applying for a study permit extension — your implied status is canceled.
- Upon return, you are in visitor status only, valid for 6 months.
- If no decision on the study permit is received by then — you must apply to extend the visitor status.
- Don’t wait until the last day — act in advance to KEEP a legal status and avoid a refusal.
Oleksandra Melnykova,
Immigration and Refugee Consultant in Canada
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