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Difference between revisions of "In-Canada Temporary Residence Matters (18:IX)"
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In-Canada Temporary Residence Matters (18:IX) (view source)
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{{REVIEWED LSLAP | date= July | {{REVIEWED LSLAP | date= July 29, 2022}} | ||
{{LSLAP Manual TOC|expanded = immigration}} | {{LSLAP Manual TOC|expanded = immigration}} | ||
For temporary residents in Canada, such as visitors, workers or students, who apply for permanent residency while holding temporary resident statuses in Canada, they may counter various immigration matters, which will be covered in this section. | For temporary residents in Canada, such as visitors, workers or students, who apply for permanent residency while holding temporary resident statuses in Canada, they may counter various immigration matters, which will be covered in this section. | ||
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Further, if a temporary resident has lost their status based on IRPA s. 47 or let their authorization to work or study expire, they may apply to restore that status in accordance with IRP Regulations s. 182. The eligibility requirements for restoration of status are as follow; namely, the applicant must: | Further, if a temporary resident has lost their status based on IRPA s. 47 or let their authorization to work or study expire, they may apply to restore that status in accordance with IRP Regulations s. 182. The eligibility requirements for restoration of status are as follow; namely, the applicant must: | ||
*applies within 90 days of having lost their status; | * applies within 90 days of having lost their status; | ||
*meets the initial requirements for their stay; | * meets the initial requirements for their stay; | ||
*remains in Canada until a decision is made; | * remains in Canada until a decision is made; | ||
*has not failed to comply with any condition imposed automatically by regulation or an officer other than those listed under R 185(a), R 185(b)(i) to (iii), and R 185(c); and | * has not failed to comply with any condition imposed automatically by regulation or an officer other than those listed under R 185(a), R 185(b)(i) to (iii), and R 185(c); and | ||
*continues to meet the requirements of the authorization they want to restore. | * continues to meet the requirements of the authorization they want to restore. | ||
The application process is similar to the one of temporary residence extension. If the applicant is not eligible for the restoration, the officer will refuse the application, and the applicant is notified in writing that they must leave Canada immediately. Also, the officer will determine whether a s. 44 report may be warranted due to a possible violation of the IRPA or IRPR. The officer may refer the application to a Domestic Network (“DN”) officer near the applicant’s place of residence for further assessment and interview. If the application is referred to a DN office, the DN officer may call the applicant in for an interview to gather additional information. | The application process is similar to the one of temporary residence extension. If the applicant is not eligible for the restoration, the officer will refuse the application, and the applicant is notified in writing that they must leave Canada immediately. Also, the officer will determine whether a s. 44 report may be warranted due to a possible violation of the IRPA or IRPR. The officer may refer the application to a Domestic Network (“DN”) officer near the applicant’s place of residence for further assessment and interview. If the application is referred to a DN office, the DN officer may call the applicant in for an interview to gather additional information. | ||
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In general, the initial Study Permit application is submitted while the foreign national is outside of Canada (see IRP Regulations s. 213). However, foreign national may apply for a study permit when entering Canada at the POE if they are a citizen or permanent resident of the United States, a resident of Greenland or a resident of St. Pierre and Miquelon (see IRP Regulations s. 214). Further, a foreign national may apply for a study permit after entering Canada if they meet the requirements specified in IRP Regulations s. 215. For more information, please see the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html#InCanada IRCC website]. | In general, the initial Study Permit application is submitted while the foreign national is outside of Canada (see IRP Regulations s. 213). However, foreign national may apply for a study permit when entering Canada at the POE if they are a citizen or permanent resident of the United States, a resident of Greenland or a resident of St. Pierre and Miquelon (see IRP Regulations s. 214). Further, a foreign national may apply for a study permit after entering Canada if they meet the requirements specified in IRP Regulations s. 215. For more information, please see the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html#InCanada IRCC website]. | ||
'''NOTE:''' | :'''NOTE:''' If a foreign national has already had a study permit approved abroad but has not obtained it at a POE on their initial arrival due to different reasons, they may contact the IRCC Call Centre and the Operational Support Centre will assess the foreign national’s eligibility against the case management system to verify their status. Once the eligibility is confirmed, CPC-E may mail a study permit to the foreign national’s address in Canada. | ||
'''NOTE:''' | :'''NOTE:''' An application for a study permit renewal does not constitute an application for a TRV. Therefore, visa-required foreign nationals must apply separately for a TRV extension and pay the processing fee. | ||
'''NOTE:''' | :'''NOTE:''' In-Canada visitors are not eligible to apply for a study permit from within Canada unless they are exempt under R215. | ||
== D. Working in Canada as an International Student == | == D. Working in Canada as an International Student == | ||
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1. The student may work up to 20 hours per week off-campus or full-time during regular breaks if they meet the criteria outlined in IRP Regulations s. 186(v); and | 1. The student may work up to 20 hours per week off-campus or full-time during regular breaks if they meet the criteria outlined in IRP Regulations s. 186(v); and | ||
2. The student may accept employment on or off-campus if they meet the eligibility criteria in IRP Regulations s. 186(f), (v) or (w) and they must cease working if they no longer meet the above criteria. | 2. The student may accept employment on or off-campus if they meet the eligibility criteria in IRP Regulations s. 186(f), (v) or (w) and they must cease working if they no longer meet the above criteria. | ||
After the student completes their study, they generally need to stop working. In this scenario, we recommend you speak to a lawyer. For more information, please refer to the [https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/work-off-campus.html#who-can IRCC website]. | After the student completes their study, they generally need to stop working. In this scenario, we recommend you speak to a lawyer. For more information, please refer to the [https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/work-off-campus.html#who-can IRCC website]. | ||
'''NOTE: | :'''NOTE:''' '''Students who are taking ESL/FSL language courses for self-improvement, or a course or program as a prerequisite to their enrolment at a DLI are not eligible for the off-campus work permit program for their enrolment in those courses or programs, but it does not affect their eligibility gained by other programs.''' | ||
=== 3. Working during PGWP Application === | === 3. Working during PGWP Application === | ||
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*https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/apply-work-permit-outside-canada.html (overseas). | *https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/apply-work-permit-outside-canada.html (overseas). | ||
'''NOTE:''' | :'''NOTE:''' There are some common types of ineligible applicants, including those who have been previously issued a PGWP: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program/eligibility.html. | ||
'''NOTE:''' | :'''NOTE:''' PGWP holders may leave Canada and return if they satisfy certain requirements: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program/travel.html. | ||
== E. Working in Canada as Foreign Spouses or Partners of Temporary Residents == | == E. Working in Canada as Foreign Spouses or Partners of Temporary Residents == | ||
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For more information, please see the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html IRCC website]. | For more information, please see the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html IRCC website]. | ||
'''NOTE:''' | :'''NOTE:''' The validity of the Work Permit will coincide with the spouse’s Study Permit. | ||
== F. Revocation of Work Permit due to Public Policy Considerations == | == F. Revocation of Work Permit due to Public Policy Considerations == | ||
In specific circumstances, an officer may revoke a Work Permit if, in the officer’s opinion, public policy considerations specified in instructions by the Minister of Immigration, Refugees and Citizenship justify the revocation, including (not an exclusive list): | In specific circumstances, an officer may revoke a Work Permit if, in the officer’s opinion, public policy considerations specified in instructions by the Minister of Immigration, Refugees and Citizenship justify the revocation, including (not an exclusive list): | ||
*the associated LMIA has been revoked; | * the associated LMIA has been revoked; | ||
*the employment is having a significantly greater negative effect than benefit with respect to the development of a strong Canadian economy (applies to LMIA-exempt work permit); | * the employment is having a significantly greater negative effect than benefit with respect to the development of a strong Canadian economy (applies to LMIA-exempt work permit); | ||
*the employer has provided false, misleading, or inaccurate information; | * the employer has provided false, misleading, or inaccurate information; | ||
*the employer’s name has been added to the ineligible employer list under IRP Regulations s. 209.91(3); or | * the employer’s name has been added to the ineligible employer list under IRP Regulations s. 209.91(3); or | ||
*the Work Permit is issued on the basis of any foreign national on the basis of their relationship with another foreign national and the principal foreign worker’s Work Permit is now revoked (applies to LMIA-exempt Work Permit). | * the Work Permit is issued on the basis of any foreign national on the basis of their relationship with another foreign national and the principal foreign worker’s Work Permit is now revoked (applies to LMIA-exempt Work Permit). | ||
For details, please refer to the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/revocation-work-permit-public-policy-considerations.html IRCC website]. | For details, please refer to the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/revocation-work-permit-public-policy-considerations.html IRCC website]. | ||
'''NOTE:''' | :'''NOTE:''' Revocation of a foreign national’s Work Permit does not make the foreign national inadmissible to Canada. | ||
:'''NOTE:''' All in-Canada visitor record, study permit, and work permit applications must be submitted electronically, subject to a limited number of exemptions: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/place-application-visa-electronic-travel-authorization-study-permit-work-permit/exempt-electronic-applications.html. | |||
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