Temporary Residence in Canada

Canada welcomes Millions of Visitors

Canada welcomes millions of visitors and temporary residents annually, including those who visit, study, and work. Temporary residents are generally allowed into the country with the issuance of a visa (unless they are from a visa-exempt country - see here for a list of visa-exempt countries: http://www.cic.gc.ca/english/visit/visas.asp).

Visa applications are usually made at the visa office serving the visitor's country of nationality or habitual residence. Tourist visitors must submit documentation of their reasons for travel, family relationships in Canada, and establishment in their home country. The deciding officer will use this information to issue a Temporary Resident Visa (TRV). If the application is not prepared correctly and effectively using the assistance of an experienced Immigration Consultant, the application may be refused.

Suppose you are considering temporary residence in Canada. In that case, it is crucial to speak with an experienced licensed immigration consultant who can assist you with the application process and provide guidance on your options and qualifications. Contact us today to speak with one of our consultants.

With visas, the time allowed for the stay is generally six months unless indicated otherwise by the examining officer at the port of entry in writing under the date of entry stamp. Temporary residents, including visitors, may also be eligible to simultaneously apply for permanent residency under the Dual Intent provision in the Immigration and Refugee Protection Act. For example, a visitor in Canada may also be sponsored for permanent residency from within Canada during their stay. Speak with our consultants for more information on this available arrangement.

Electronic Travel Authorization (eTA):

As of March 15, 2016, a visa-exempt foreign national who flies to or transits through Canada will need an Electronic Travel Authorization (eTA), except US citizens. Click here to determine if you need an eTA: http://www.cic.gc.ca/english/visit/visas.asp

When planning travel, allow some time for visa processing (unless from a visa-exempt country). Electronic Travel Authorizations (eTAs) may also be refused, but usually on the grounds of inadmissibility (i.e., criminality, health, security, finances, misrepresentation).
Brock Immigration can assist with all aspects of Temporary Resident Visa applications and eTAs and can also help with re-applications after refusals. Contact us today to get started.

Canada ranks among the top few world leaders in education. Over the recent years, hundreds of thousands of students had been admitted to Canada to study in a first-rate education system. In 2017/18, Canada was ranked among the top two of the G8 countries in education.

With Canada’s world-class educational institutions and a vibrant social & economic culture, we can expect to see a continued interest in the Canadian education system.

Student Permits

In general, in order to study in Canada, one must apply for a Student Permit before entering the country. One key requirement for obtaining a Student Permit is to obtain a valid Letter of Acceptance (LOA) from a Designated Learning Institution (DLI). In addition to this requirement, the international student must not have Criminality, Health, or Security issues that may render the applicant inadmissible.

Furthermore, the student is required to show sufficient funds to cover the tuition costs as well as living expenses (for the applicant as well as their accompanying family members).

To qualify here is a short list of requirements:

• Must be enrolled in an approved program, at a Designated Learning Institute
• Proof of sufficient funds to pay for tuition fees, living expenses for the applicant and accompanying family members to Canada, return transportation for the applicant with accompanying family members
• Must be admissible (no criminal record, in good health, in compliance with the current immigration regulations in Canada)
• Must be able to convince an immigration officer that the applicant will leave Canada at the end of his/her studies

There are some exemptions to requiring a Study Permit for studies. Such exemptions apply to those enrolled in short-term courses (less than 6 months’ in duration), members of the armed forces of a country designated for the purposes of the Visiting Forces Act, family members, and members of the private staff of diplomats/foreign accredited representatives, and minor children in Canada.

Permit requirements are specific and will vary from time to time. Once a candidate obtains a Study Permit, if there are changes to the study program or institution, Immigration Canada (IRCC) should be notified and there may be a requirement to apply for a change to the Study Permit.

Study Permit Extensions

It is also common for students looking to extend their studies to apply for Study Permit Extensions. Typically, it is advised to apply for an extension at least 30 days prior to the expiration of the existing permit. There are other provisions and considerations to take into account when applying for an extension.

In preparing a case and applying for a Study Permit, Extension, or Restoration, it is advisable to work with an experienced licensed immigration consultant who has experience in the specific field. This would provide the most efficient and effective pathway for an applicant.

Contact our offices for the latest in requirements and for assistance with applying for Studies in Canada

Post Graduate Work Permits

Once studying in Canada, there are several pathways for students to apply for Permanent Residency.

For example, after graduating from an eligible program in a Designated Learning Institute, the graduate may be eligible to apply for a Post-Graduate Work Permit allowing him/her to work anywhere and gain experience in Canada. This experience can then be used as the basis to apply for Permanent Residency under the Canadian Experience Class.

Other option would include obtaining a Provincial Nomination from a province in which the candidate wishes to reside after graduation. Such nominations can significantly contribute to the CRS points under the Comprehensive Ranking System in an Express Entry application, that is – can significantly contribute and support the candidate’s Permanent Residency application.

Full-time students may work without a work permit on-campus (or off-campus with conditions) during the period of their studies. There are conditions to working off-campus without a work permit during studies if the program enrolled in is English/French as a Second Language, or a general interest program.

Accompanying Family Members (Student Permits)

An accompanying family member may be eligible for an Open Work Permit allowing this family member to work anywhere (with a few exceptions) in Canada for the duration of the main applicant’s studies/Study Permit.

Family members such as spouses, common-law partners, and dependent children can accompany the student to Canada during their studies under a Student Permit. Accompanying family members will require that the Student have additional funds to support the living expenses of family members while they are in Canada during the study period. This additional money can generally be estimated to be around $3000CDN per accompanying family member. This is an approximation for illustration purposes and actual amounts may vary.

Accompanying dependent minors (under 18) do not require student permits to enroll in school, and such schooling is free for those members.

Accompanying family members planning to enroll in Post-Secondary education generally requires Study Permits.

It is important to understand the requirements of obtaining a Student Permit and to thoroughly prepare and plan an immigration pathway to residency in Canada. In preparing an efficient and effective submission, it is advisable to work with an experienced licensed immigration consultant. Contact our offices/consultants for the latest in requirements and for assistance with applying for Studies in Canada

In Canada, thousands of Work Permits are issued to Foreign Nationals each year. This helps our local businesses meet their labour needs as well as offers pathways for Foreign Nationals to gain valuable experience in Canada. Many Foreign National workers integrate into the Canadian society and eventually naturalize to become Canadian Permanent Residents and Citizens.

For a large majority of skilled trades and professionals, a Work Permit is needed by Foreign Nationals to work in Canada. There are some exceptions to this rule – speak with our licensed consultants to learn more about specifics.

Work Permits

A Work Permit is an authorization granted by IRCC that allows a Foreign National to work legally in Canada. A Work Permit can either be issued for a specific employment opportunity (i.e. named employer, occupation & wage, duration of employment, and location of employment), or alternatively, it can be issued ‘open’ with very few restrictions on employment.

A Work Permit is a form of temporary residency and typically has an expiration date. In working under a Work Permit, a Foreign National may be eligible to use their Canadian-obtained work experience towards applying for a Permanent Residency in Canada.

A Foreign National may apply for a work permit from either the Visa post abroad, Port of Entry, or from within Canada, each scenario would depend on various factors.

For instance, the following persons may apply at the Port of Entry:

• US citizens (or PR of the US)
• Residents of Greenland and St. Pierre and Miquelon
• Persons who do not require an *LMIA to work
• Persons who require an LMIA to work, as long as the LMIA confirmation has been issued before the worker seeks entry.

*LMIA – Labour Market Impact Assessment, a document that a Canadian employer would obtain prior to hiring a Foreign National.

The following persons must apply from their designated visa office(s) abroad:

• Persons who require Temporary Resident Visas (TRV’s) to enter Canada
• Persons who require a medical examination for entry
• Participants in an international youth exchange program
• Seasonal agricultural workers
• In-home Caregivers

Other situations allow persons to apply from within Canada if for example they hold valid working permits and wish to change their conditions or renew their permits.

Work without Work Permit

While most occupations require Work Permits, some occupations do not. Those occupations that do not require Work Permits include the following (each with classifying definitions) – Contact our office to speak with our consultants to determine your options and navigate these requirements.

Labour Market Impact Assessment (LMIA)

In general, in order to apply for a Work Permit, a Foreign National requires government approval in the form of a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) – if the occupation demands one. This LMIA is required to ensure that no qualified Canadians are overlooked in favour of the Foreign National, and that the Foreign National is offered the standard salary/wage for that occupation.

The employer is the party required to apply for this LMIA and once a positive LMIA determination has been obtained, the worker will use this positive LMIA to apply for a Work Permit.

While an LMIA is required for most occupations, there are some that do not require an LMIA to apply for a Work Permit. Some examples of occupations/positions that are exempt from LMIA confirmation (and in these cases require Work Permits) include the following:

• Post-doctoral fellows
• Research award recipients
• Eminent individuals (e.g. leaders in various fields)
• Guest lecturers
• Visiting professors
• Citizens of the US and Mexico were appointed as professors under the International Mobility Program (Canada-International Trade Agreements).

Here is a reference guide to occupations that require an LMIA https://www.canada.ca/en/employment-social-development/services/foreign-workers.html

LMIA’s issued to employers will be valid for a maximum of 6 months from the date of issuance and if the LMIA is not used to support a Work Permit within this time, the employer will be required to apply for a new LMIA.

Application procedures for LMIA’s will vary based on the categories of the positions being offered as follows:

• Agricultural Workers
• Live-In Caregivers
• Lower-Skilled Occupations
• Higher-Skilled Occupations

Instruction on applications is constantly shifting, our licensed case managers will assist with the eligibility and application process.

Once the Foreign National obtains sufficient experience, they can apply for Permanent Residency through various streams. Such a category is the Canadian Experience Class that allows qualified Temporary Foreign Workers to apply for Permanent Residency once they have obtained sufficient experience in Canada. This category (as with most other categories) requires proficiency in speaking, listening, reading, and writing either English or French.

The information above is meant for information purposes only.  Requirements and procedures regularly change, oftentimes without notice, and it is strongly advised to use the services of an experienced licensed immigration consultant for all immigration matters. 

Contact our offices today for services related to immigration and Citizenship work.