When does my study permit become invalid? An answer to this question is not as straightforward as you might think. Do not assume that your study permit becomes invalid when the document expires. It is not the same thing. The expiry date indicated on your document is not necessarily the date when your study permit becomes invalid and you lose your legal status as a temporary resident of Canada.
For example, the expiry date on your document is November 30, 2020. However, you completed your program of study in less time than the normal length of the program and you graduated on April 15, 2020. Do not assume that you will have your temporary resident status until November 30. By operation of law, your study permit becomes invalid 90 days after graduation.
Subsection 222 (1) of the Immigration and Refugee Protection Regulations specifically explains that a study permit becomes invalid on the following days:
- the day that is 90 days after the day on which the permit holder completes their studies,*
- the day on which a removal order made against the permit holder becomes enforceable, or
- the day on which the permit expires.
*Notice, however, that Paragraph (1)(a) does not apply to convention refugees and refugee claimants, diplomats and some other classes of people. Likewise, it does not apply to a family member of a foreign national who resides in Canada and holds a study permit, work permit, TRP (must be valid for at least six months); subject to an unenforceable removal order; etc.
Now, let’s go back to the scenario mentioned above. If you graduated on April 15, 2020 (provided that you do not fall under one of the exemptions), your study permit document becomes invalid on July 14, 2020, despite the validity date of November 30 indicated on the document. Consequently, you must either apply for your post-graduation work permit before July 14, or apply for your status extension as a visitor or student, or leave Canada and apply for your post-graduation work permit from outside of Canada within 180 days after graduation.
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