Leaving Canada while extension of OWP is in progress

[nvdily]

Hello, my mom has CUAET OWP that expires on Apr 3, 2025. I've just applied for extension for her, i received a letter (standard one I assume based on current processing time) that current work permit is extended for 6 months or until decision is made but the letter says that she can not leave Canada because in this case this extension is not authorized. However her husband in Ukraine got sick and she needs to travel for couple months. She will come back on March 25 (before expiry date of current OWP). Does it mean that on Apr 3 her OWP will expire and she no longer has OWP and MSP until extension is approved? She doesn't work as she is 76 but MSP is essential due to age. I applied for PR for her as well , it is in progress too (no communication yet). Please advise. Thanks. Nadia

 

[CanGoldDigger]

She won't lose her maintained status if she returns before her current work permit expires.

Maintained status starts when your current status expires.

 

[nvdily]

Hi, thank you very much for reply. Does this mean that following statement in their letter received upon application for extension doesn't apply to her ?

This extended period of work is authorized as per paragraph 186(u) of the IRPR (Immigration and
Refugee Protection Regulations) until a decision is made. If you leave Canada before a decision
is made on your application, you will no longer be authorized to continue working.

Doesn't maintained status break if she travels outside Canada?

 

[CanGoldDigger]

Hi, thank you very much for reply. Does this mean that following statement in their letter received upon application for extension doesn't apply to her ?

This extended period of work is authorized as per paragraph 186(u) of the IRPR (Immigration and
Refugee Protection Regulations) until a decision is made. If you leave Canada before a decision
is made on your application, you will no longer be authorized to continue working.

Yes, it's applicable only when a current work permit expires.

 

[nvdily]

Thank you a lot for your advice!

 

[canuck78]

Hello, my mom has CUAET OWP that expires on Apr 3, 2025. I've just applied for extension for her, i received a letter (standard one I assume based on current processing time) that current work permit is extended for 6 months or until decision is made but the letter says that she can not leave Canada because in this case this extension is not authorized. However her husband in Ukraine got sick and she needs to travel for couple months. She will come back on March 25 (before expiry date of current OWP). Does it mean that on Apr 3 her OWP will expire and she no longer has OWP and MSP until extension is approved? She doesn't work as she is 76 but MSP is essential due to age. I applied for PR for her as well , it is in progress too (no communication yet). Please advise. Thanks. Nadia

You should also look at MSP residency requirement rules because that will be a consideration when determining how long she can be outside Canada within a year.

 

[CanGoldDigger]

You should also look at MSP residency requirement rules because that will be a consideration when determining how long she can be outside Canada within a year.

CUAET holders are exempt from a residency requirement.

 

[nvdily]

CUAET holders are exempt from a residency requirement.

Can you please clarify what this means? Does it mean that no matter how long the CUAET holder is outside Canada, MSP will still be valid as long as OWP is valid?

 

[canuck78]

CUAET holders are exempt from a residency requirement.

For MSP? Don’t believe anyone is exempt from the residency requirement. Do you mean the initial up to 3 month wait period?

 

[CanGoldDigger]

For MSP? Don’t believe anyone is exempt from the residency requirement. Do you mean the initial up to 3 month wait period?

Yup.

 

[canuck78]

Yup.

that isn’t the residency requirement. Also think that is only for the initial landing.