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Pathways to Temporary Residence
Visitor Paths
Visitor Visa
Visitor Visas are for travellers, tourists, vacationers, and people wanting to visit friends and family for a short period of time. To come to Canada as a Visitor, an applicant must obtain one of the following documents to enter: a Temporary Resident Visa (TRV) or if from a Visa-Exempt country such as Australia, United States, or the United Kingdom an electronic travel authorization (eTA), and have a valid passport/travel documents. In addition, they must satisfy a reviewing officer that they will comply with all restrictions imposed and leave at the end of their authorized period of stay. Visitor visas are issued by the Canadian government for either:
- Single-entry – allows holders to enter Canada only once during the permit’s period of validity and usually valid for one month after the date of arrival or up to a maximum period of six months or to the expiry of the temporary resident’s passport – whichever one is less; OR
- Multiple-entry – allows holders to enter Canada as many times as desired during the visa’s period of validity and valid up to a maximum of 10 years.
A visitor cannot reside in Canada permanently and must not stay in Canada for more than 6 months without applying to extend their visitor status.
Generally, visitors are not allowed to work or study in Canada, unless authorized to do so. However, there are a few exceptions to this rule. For instance, a visitor may study in a short-term vocational or training program of less than six months in duration and that is not part of a larger educational program.
Super-Visas
Parents or grandparents of a Canadian citizen or a permanent resident abroad can obtain a Parent and Grandparent Super Visa. The Super Visa allows multiple entries for a period of up to 10 years and allows parents/grandparents to stay up to two years on initial entry to Canada. The requirements for sponsors and parent(s)/grandparent(s) to apply are as follows:
- Sponsors – must provide an invitation letter; proof of ability to financially support their parent(s) or grandparent(s) in Canada; and proof of payment for Canadian medical insurance valid for at least 1 year from the date of entry; AND
- Parent(s)/Grandparent(s) – must provide a medical exam; proof that they will leave by choice at the end of the approved visit; proof of strong ties to their home country.
Business Visitors/Short Term Workers
A Business Visitor is a foreign national worker wanting to engage in short-term (less than 6 months) international business activities in Canada without directly entering the Canadian labor market. The Business Visitor’s primary sources of income/profits and main place of business must be outside of Canada. However, if a Business Visitor plans on visiting for more than six months they must apply for a work permit.
Members of the Clergy/Religious Leader
Members of the Clergy/Religious Leaders are another type of worker who is not required to obtain a work permit to carry out work of a religious nature in Canada. Work of religious nature means that the foreign national is a part of or shares the beliefs of the particular religious community where they work or have the ability to teach or share religious beliefs, as required by the Canadian employer. However, it is important to note that members of the clergy may have to obtain a TRV or eTA depending on their nationality and are required to ask for a visitor record at the port of entry.
Visitor Record
Oftentimes temporary residents will wish to extend their stay in Canada. A Visitor Record is a document that allows temporary residents to extend their stay as visitors. It includes a new expiry date that a foreign national must leave Canada by. Visitor records must be applied for before the expiry of a temporary resident’s current status. It is important to note that a Visitor Record does not allow re-entry into Canada. If a temporary resident exits Canada while on a Visitor Record, they will need to re-apply from outside Canada for a Visitor Visa or eTA and wait for the approval to re-enter. A Visitor Record is for those who want to change their permit type from a Study Permit to a Visitor Record (Visitor) , or want to change their Work Permit to a Visitor Record to remain as a Visitor. HowTo Immigration Law helps foreign nationals change their stay permit and/or extend their stay in Canada. This often requires working with tight deadlines, paying close attention to details, and providing persuasive documentation.
Student Path
International students provide great value to Canadian Universities and Canada overall. They bring with them new ideas, skills, and global perspective which are essential for Canada’s growth. International students are persons who may obtain temporary resident status and may be issued study permits as members of the student class. We at HowTo Immigration Law recognize that students from other countries have a lot to offer to Canada, and conversely Canada has much to offer them in return. One reason that studying in Canada may be an attractive option for you is the possibility of obtaining a high quality education, Canadian work experience after graduation, and the ability to transition to permanent residence.
Study Permit
A Study Permit is a written authorization to engage in academic, professional, vocational or other education/training in Canada. A Study Permit is issued when a foreign national has been accepted to a program of study that is for more than six months in duration at a designated learning institution (DLI) in Canada. Once being accepted at DLI, a foreign national will receive a letter of acceptance which will be used to apply for a study permit and a TRV.
There are many potential pitfalls in this process to be evaded that require knowledge about the eligibility criteria and of the process itself. At HowTo Immigration Law we help international students by guiding them step-by-step through the entire application process and also set them on a course of permanent residency.
Contact us for further information!
Temporary Foreign Worker Programs
Most foreign nationals who want to work in Canada must apply for a Work Permit. In some situations, a Work Permit is tied to a specific employer, while in other cases, the work permit may be “Open.” The Temporary Foreign Worker Programs were created to boost Canada’s economy and help fill labor shortages in the Canadian workforce. There are various types of Work Permits and specific processes tied to each type. We at HowTo Immigration Law help foreign nationals obtain Work Permits and advise on the most suitable type of Work Permit.
Labour Market Impact Assessment (LMIA) Based Work Permits
An LMIA is a document provided by Employment and Social Development Canada (ESDC) setting out the impact that hiring a foreign worker will have on Canada’s domestic labour market. In most cases, to hire a foreign worker, a positive (approved) LMIA is required by an employer. Thus, an employer must first apply for an LMIA from ESDC. The government fees for an LMIA can only be paid for by the Canadian employers, foreign workers must not pay for this. If a positive LMIA is issued, the incoming foreign worker can use this document as a basis to apply for an Employer-Specific (Closed) Work Permit. The objective of employer-specific Work Permits is to assist Canadian employers fill a position for which they have carried out domestic recruitment efforts and demonstrated that there are no qualified Canadian citizens or permanent residents for the position. Most employer-specific Work Permit holders are bound to one specific job, one employer, and one location, set out on their Work Permit. Canadian employers can apply for an LMIA under the following LMIA streams:
- High-wage LMIA: this type of LMIA applies to positions where the wage offered is at or above the provincial/territorial median hourly wage. These positions are considered high-skilled. For high-wage workers there is an opportunity to come to Canada accompanied by family members and gain Canadian work experience, which can ultimately pave the way towards permanent residency. Specifically, high-wage jobs under NOC skill level A and B can qualify for an LMIA to support a PR application.
- Low-wage LMIA: This type of LMIA applies to positions in which the wage offered is below the provincial/territorial median hourly wage. Generally, these jobs require a high school diploma or a maximum of two years of job specific training. It is important to note that low wage workers have limited rights, with program emphasis on short-term work which may provide less chances towards permanent residence.
- In-Home Caregiver Program LMIA: Foreign caregivers who are in Canada and hired to live-in a private residence to provide care on a full-time basis, to children, seniors, or persons with certified medical needs have the right to apply for a work permit.
- Foreign Agricultural Stream LMIA: This type of LMIA is for positions associated to primary agriculture activities where work is performed on a farm, nursery, or greenhouse and involves the operation of a agriculture machinery, or the boarding, care breeding, sanitation, or other handling of animals, other than fish for purpose of obtaining raw animal products for market. Under this stream, employers can hire foreign workers only in the eligible commodity sectors (apiary products, fruits, vegetables, mushrooms, flowers, nursery-grown trees including Christmas trees, greenhouses/nurseries, pedigreed canola seed, sod, tobacco, bovine, dairy, duck, horse, mink, poultry, sheep, swine).
- Dual-Intent LMIA for Skilled Foreign Workers: This type of LMIA applies to the hiring of skilled workers in the Federal Skilled Worker, Federal Skilled Trades, Canada Experience Class programs, and Provincial Nominee Programs (PNP). A dual-intent LMIA can support a PR and Work Permit application simultaneously. Employers who wish to hire a foreign candidates on a temporary basis to support the worker’s application for permanent residence can apply for a dual intent LMIA. HowTo Immigration Law often informs both foreign workers and Canadian employers on the different steps involved and requirements from both parties. These can be convoluted applications, which greatly benefit from an Immigration lawyer’s expertise.
- LMIA for Global Talent Stream (GTS) Program: The aim of this program is to facilitate Canadian employers hire global talents who can help scale and grow their businesses. Through this program, certain Canadian employers can hire foreign workers for unique and specialized positions or highly skilled professionals to fill in-demand occupations in the information technology sector. Innovative Canadian companies with a Canadian designated partner’s referral looking to hire individuals with unique and specialized skills fall under category A of the GTS program. While Canadian companies looking to fill in-demand highly-skilled occupations on the “Global Talent Occupations List” fall under category B of the GTS program. GTS LMIA applications are typically processed within 10-business days. Nevertheless, the process for this program can be complex and requires working with Employment and Social Development Canada (ESDC) to develop a Labour Market Benefit Plan to outline the positive benefits that foreign talent will bring to the Canadian labour market. This is where the lawyers at HowTo Immigration Law can be an integral part of facilitating the process. HowTo Immigration’s expertise in dealing with these applications will help clients take advantage of this program and increase their chances of approval.
If you are interested in finding out more about these programs, please leave us your information and book a consultation today
International Mobility Programs (IMP)
Work permits issued under any of these programs do not require an LMIA and are meant to promote Canada’s economic and cultural interests. There are various types of work permits and specific processes for each one. Since applications under an IMP do not require an LMIA, they will usually have a faster processing time. Despite not requiring an LMIA, applicants will still need their prospective employer to submit a genuine job offer and other relevant information to IRCC. The following are some of the major IMP categories:
- International Agreements: Under this sub-category, foreign nationals may be issued a work permit without an LMIA to perform work in Canada based on an international agreement between Canada and one or more countries. Some of the international agreements to which Canada is a signatory are the North American Free Trade Agreement (NAFTA); Comprehensive Economic and Trade Agreement (CETA); Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP); General Agreement on Trade in Services (GATS); the Canada-Chile Free Trade Agreement, the Canada-Peru Free Trade Agreement, and the Canada-Colombia Free Trade Agreement. These agreements cover business visitors, professionals/technicians, intra-company transferees, traders, and investors. There are different requirements for each class. We at HowTo Immigration Law help employers and foreign nationals become aware of and meet these requirements. We use our expertise and streamline internal processes to make each step understandable and easy to process.
- Canadian Interests: This category includes a variety work situations performed by temporary foreign workers for:
- A significant benefit (E.g. intra company transferees, television and film production workers) – This class includes senior managers, executives, and individuals with specialized knowledge, who may apply for a work permit without having first obtained an LMIA, provided that their presence in Canada will result or is likely to result in a significant social, cultural or economic benefit to Canada. Intra-Company Transfers are an example of a program under the significant benefit category designed to assist multinational businesses in transferring executives, managers, and employees with specialized knowledge temporarily.
- Designated by the Minister (E.g., work related to research, educational, or training programmes; public policy, competitiveness, and economy). This includes some international students, distinguished scientist, or post-doctoral fellows or holders of research chair positions at a Canadian university nominated for their research excellence may also be eligible to obtain work permits for work related to a research, educational, or training program.
- Reciprocal Employment (E.g. International Experience Canada, academic exchanges, and performing artists) – reserved for circumstances where hiring a foreign national in Canada would create or maintain reciprocal employment of Canadian citizens or permanent residents in other countries.
- International Experience Canada (IEC) is a set of programs that allow young foreign nationals between the ages of 18 to 30 or 35 (depending on country of citizenship) to work in Canada for a temporary period of one or two years. The program is available to youth whose country of citizenship has an agreement with Canada or through “recognized Organizations” (RO’s).
- Francophone Mobility Program (Mobilité Francophone Canada): Under this program, a work permit may be issued to fluent French speakers who wish to work in any province outside of Quebec and receive a job offer in a skilled profession from a Canadian employer. Employers hiring through this program do not need an LMIA. Besides avoiding the LMIA process another benefit of this program for employers is that there is no advertisement or prevailing wage requirement, nor does the language of employment have to be French.
Open Work Permits
Unlike Employer-Specific (Closed) work permits, Open work permits are not job or employer specific. This is advantageous for the holder as it means they can work in almost any capacity for any Canadian employer. This is different from most work permits, which usually indicate the job and employer. These types of work permits do not require an offer of employment or a positive labour Market Impact Assessment (LMIA).
To note, not everyone is able to apply for an open work permit. As per Canadian Immigration laws and regulations, the following persons may be eligible to apply for an open work permit:
- persons and their family members whose applications for permanent residence received a positive assessment under one of the eligible permanent resident programs – Bridging Open Work Permit;
- members of the spouse or common-law partner in Canada class – Spousal Open Work Permit;
- spouses or common-law partner of foreign workers and foreign students – Spousal Open Work Permit;
- persons who have no other means of support (destitute students);
- persons who are participating in the Working Holiday category of the International Experience Canada Program – IEC Work Holiday Open Work Permit;
- professional athletes who are working for a Canadian team and need to do other work to support themselves;
- International students who have graduated from a Canadian post-secondary designated learning institution – Post-Graduate Work Permit.
Below we elaborate on a few types of Open Work Permits that HowTo Immigration Law can assist clients in obtaining:
- Bridging Open Work Permit: This type of work permit applies to primary Permanent Resident (PR) applicants who are holders of work permits that will expire in less than four months and want to continue working while their PR application processes. An accompanying spouse on a PR application is not eligible to apply as the primary applicant for this type of work permit.
- Post-Graduate Work Permit: This work permit allows international graduates who studied at a DLI in Canada the opportunity to work.
- Spousal Open Work Permit: A Spouse or Common-Law Partner of work permit or study permit holder may be eligible to apply for this permit if they can provide IRCC with the relevant documentation and wish to accompany their spouse to Canada while they work or complete their studies.
HowTo Immigration Law can help individuals determine the most suitable application to make to work in Canada, and can efficiently guide employers on how to hire a foreign worker. In some cases, with a supportive Canadian employer, working in Canada can be a bridge leading foreign nationals and their immediate families from temporary to permanent residence. As such, whether you are an individual or employer, we welcome our site visitors to reach out today to see how we may assist you with your work permit-related immigration application.
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