Canada, renowned for its welcoming attitude and diverse opportunities, attracts a myriad of individuals seeking temporary residence for various purposes. Temporary Residence Status in Canada encompasses several categories, including visitors, students, workers, and Temporary Resident Permit (TRP) holders. In this article, we’ll explore each category to provide you with an overview of the Canadian temporary immigration landscape.
- Visitors:
Visitors are individuals who come to Canada for leisure, business, or family visits. This category includes tourists, business professionals attending conferences, and individuals visiting family or friends. Visitors usually receive a Temporary Resident Visa (TRV) before entering Canada. TRVs are issued based on factors like the purpose of the visit, ties to the home country, and financial means.
Visitors are typically allowed to stay for up to six months, although extensions may be possible.
Practice Tips:
If you hold a regular visitor visa, consider applying for a visitor record before the 6-month expiry date if you wish to extend your stay.
2. Students:
Canada is home to world-class educational institutions, attracting students from across the globe. The Student category accommodates those pursuing academic, professional, or vocational studies. Students usually need to obtain acceptance from a Designated Learning Institution (DLI) before applying for a study permit. Study permits are necessary for most international students.
Study permits are typically valid for the duration of the academic program, with additional time granted for graduation or practical training. Many students become eligible for work permits post-graduation, allowing them to gain valuable Canadian work experience.
Practice Tips:
(1) Pay close attention to the conditions of your study permit, including maintaining active enrollment and staying compliant with your program’s requirements.
(2) Any leave taken from a program of studies in Canada should not exceed 150 days from the date the leave commenced and must be authorized by your Designated Learning Institution (DLI).
3. Workers:
Canada’s robust job market draws skilled and semi-skilled workers seeking temporary employment. Temporary Foreign Workers (TFWs) contribute to Canada’s economy and fill labor shortages.
Work permits are categorized into open work permits and closed work permits. Open work permits do not restrict employment to a specific employer (except in the adult entertainment industry). Closed work permits, on the other hand, are employer-specific, meaning they designate a particular employer. Obtaining a valid job offer from a Canadian employer is a prerequisite for obtaining a closed work permit. Employers may be required to demonstrate that they have made efforts to first recruit Canadian citizens or permanent residents.
For a post-graduate work permit, the validity period is determined by the length of the applicant’s previous course of study. In simple terms, completing a one-year program typically results in a one-year post-graduate work permit, while completing a program of two years or more often leads to a three-year post-graduate work permit upon graduation. In the case of a spousal work permit, its duration aligns with the length of the work or study permit held by the primary applicant in the family.
Practice Tips:
(1) Post-graduate Work Permit can only be issued once for one person. Make good use of your PGWP!
(2) Before applying for an employer-specific Work Permit, investigate whether there is a way to bypass the Labour Market Impact Assessment (LMIA) requirement. Seek guidance from a qualified Regulated Canadian Immigration Consultant (RCIC) or lawyer. If no LMIA-exempt option exists, your employer may have to initiate the LMIA application process for your position.
4. Temporary Resident Permit (TRP) Holders:
Temporary Resident Permits are granted to individuals who would typically be inadmissible to Canada due to criminality, health concerns, or other reasons.
TRPs are discretionary permits, issued on a case-by-case basis. Applicants must demonstrate that their entry benefits Canada and outweighs any potential risks. TRPs are usually granted for a specific purpose and duration, addressing the underlying inadmissibility.
Applying for a TRP involves submitting a detailed application outlining the reasons for inadmissibility and the need for temporary entry.
Practice Tips:
Details are crucial! When applying for a TRP, submit a detailed application outlining the reasons for inadmissibility and the need for temporary entry.
Conclusion:
Whether you’re a visitor, student, worker, or seeking a Temporary Resident Permit, understanding the specific requirements and processes for each category is paramount. It’s essential to bear in mind that each category comes with its own set of conditions and requirements. Additionally, maintaining legal temporary resident status is often a prerequisite for a permanent resident application. If you have questions about your status, please contact us.
