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Studying abroad is a great experience, provided, you stay within the strict visa regulations of the country you are in. The number of days you can stay out of the country to avoid deportation while studying abroad varies from country to country. Countries like the US, UK, Canada, Germany, and Australia have different rules and regulations regarding permitted absence for international students. Therefore, it becomes important to check the specifications of the country before applying for a student visa. In this article, we will explore the top 5 study abroad destinations and understand how to avoid deportation.
International students who are on F-1 student visa are permitted to stay outside the US for up to 150 consecutive days (5 months) without losing their student visa. If they return during this period, then they don’t have to submit a form I-20.
In recent months, there have been several immigration raids under the administration of Trump that have terrorised students.
Key considerations:
Students who study in US will be given a grace time period of 60 days after their selected program gets completed. During this period, they can either apply for another visa, go to some other institution or leave the country.
If the student is absent from the country for more than 5 months, there can be several complications when applying for Optional Practical Training (OPT) or CPT.
The absence over the permitted time can also lead to the cancellation of SEVIS records for the student.
Read more: Difference between CPT and OPT
There are no specific days permitted for you if you study in UK to stay outside the country. However, if they don’t have a valid reason for any extended leave while they are on the UK student visa, there can be many problems regarding the visa extensions or any future visa applications. In case, the student is outside the country for more than 548 days (1.5 years) over a 10-year period, they can face a lot of problems while applying for Indefinite Leave to Remain (ILR) or the Graduate visa in the future.
“After living for 12 years in the UK, one of the historians named, Manikarnika Dutta faces deportation as a consequence for staying in India for 691 days for her research, as it violated the limit of 548 days by 143 days”.
Key considerations:
There is no fixed grace period after the program ends, but students must stick to the visa regulations of the UK.
They must be regular with their attendance and inform their university about any extended leave absence.
The UK home office has the power to revoke student visas if they find students not attending classes, or living abroad for a long time.
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When students study in Canada, they must ensure that they are not absent from the country for more than 150 days (5 months). They must regularly attend the classes and ensure that their Canada student visa is valid during their study. The leaves must be authorized by DLI and will be only approved if they fulfil certain conditions.
Key considerations:
Students who study in Canada get a grace period of 90 days (3 months) so that they can either apply for a new visa (Post-study work visa in Canada) or leave the country.
If the student is absent from Canada for a long period, it might affect the eligibility of the student for PGWP.
If the student lives in Canada on a student visa after the grace period, he/she can get deported.
There is no specific rule on the maximum duration a student can stay abroad while studying in Germany. However, they must ensure that their Germany student visa is valid by re-registering at their university every semester to maintain their visa status.
Key considerations:
Students must apply for residence permit within 90 days (3 months) of arrival to Germany.
After their studies are completed, they are given a period of 1.5 years (18 months) to find a job or apply for another visa.
In case, a student lives abroad for more than six months, it may lead to the visa becoming invalid unless he/she gets a special permission.
It is a must to report to the immigration authorities about travelling outside the Schengen zone.
There is no specific time limit for students to stay abroad while they study in Australia. However, maintaining the regular attendance enrollment and academic progress is a must to keep the Australia student visa active. They are advised not to stay outside Australia for an extended period without a valid reason and without their university approval.
Key considerations:
After the expiry of the student visa, students get a grace period of 28 days to leave the country or apply for any other visa.
If a student is on a long break from the university without their approval, then the student visa can also be cancelled.
Following are some of the steps that you must take to avoid student deportation:
Avoid deportable offenses like criminal activities, and offences.
Seek legal counsel.
Adhere to attendance requirements.
Stay updated on travel restrictions of different countries, especially for the country that you are applying for.
The immigration lawyers generally use any of the following strategies to help students avoid deportation:
Adjusting the visa status
Granting of asylum
Registry
Suggesting students to adhere to the attendance requirements
Making them aware of the deportable offences so that they don’t make those offences.
Yes, it is possible for an international student to be deported if the secretary of homeland security or attorney general finds international students to have a connection with terrorist activities.
One of the most common reasons why students get deported is because of illegal entry. Other than this reason, they also get deported if they extend their stay beyond their visa, or violate the visa conditions, or are involved in any kind of criminal activities.
There are three types of deportation, which are as follows:
Departure Order
Exclusion Order
Deportation Order
Yes, a deportation can be reversed by filing an appeal. If the time has lapsed to file the appeal, then, you can explore other options such as Motion to Reopen, Joint Motion to Reopen etc.
A student visa can be revoked if the student enters any country without proper permissions for the visa they are holding. It can also be done if they do not meet any of the immigration rules or regulations of the country applying for.
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