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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= August 16, 2021}} | |||
{{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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== A. Temporary Residence Extension == | == A. Temporary Residence Extension == | ||
In general, a temporary resident who enters Canada as a visitor can usually stay in Canada for up to six months, unless the CBSA officer authorized a different length of stay in Canada. A temporary resident in Canada may apply to extend their stay | In general, a temporary resident who enters Canada as a visitor can usually stay in Canada for up to six months, unless the CBSA officer authorized a different length of stay in Canada. A temporary resident in Canada may apply to extend their stay beyond their initial period of stay granted by the CBSA officer at the POE. The temporary resident extension application must be submitted before the expiry date of the temporary resident’s authorized stay in Canada. | ||
For the temporary resident extension application, the applicant submits the application to the Case Processing Centre in Edmonton (“CPC-E”) usually online with all of the required documentation and the fee. An agent at CPC-E will review the application. If the application is approved, then CPC-E will request | For the temporary resident extension application, the applicant submits the application to the Case Processing Centre in Edmonton (“CPC-E”) usually online with all of the required documentation and the fee. An agent at CPC-E will review the application. If the application is approved, then CPC-E will request a passport if the applicant is from a temporary resident visa-required country. Conversely, if the applicant is from a temporary resident visa-exempt country, then a Visitor Record will be mailed to the applicant. However, if the application is not approved, then CPC-E will mail a letter to the applicant to inform the applicant of the reasons for refusal and advice of the next course of action. | ||
Please refer to the [https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay.html IRCC website] for information on the process to extend the temporary resident status in Canada. | Please refer to the [https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay.html IRCC website] for information on the process to extend the temporary resident status in Canada. These applications are now submitted online. | ||
When the temporary resident submits an extension application before their authorized period of stay expires, then the temporary resident could legally remain in Canada on implied status until a decision on the temporary resident extension application is made or by the end of the new period authorized for their stay when their application is approved, pursuant to IRP Regulations 183(5). Similarly, a foreign national on a valid temporary work permit or study permit who has applied to extend their status in Canada before their Work Permit or Study Permit is expired could also continue to work in Canada or study in Canada on implied status under the same terms and conditions as their temporary status document in Canada until a decision on their application is made. | When the temporary resident submits an extension application before their authorized period of stay expires, then the temporary resident could legally remain in Canada on implied status until a decision on the temporary resident extension application is made or by the end of the new period authorized for their stay when their application is approved, pursuant to IRP Regulations 183(5). Similarly, a foreign national on a valid temporary work permit or study permit who has applied to extend their status in Canada before their Work Permit or Study Permit is expired could also continue to work in Canada or study in Canada on implied status under the same terms and conditions as their temporary status document in Canada until a decision on their application is made. | ||
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Please note if a temporary resident with implied status leaves Canada before a decision on their extension application is made, then when they re-enter Canada they cannot study or work until a decision is made on their Study Permit or Work Permit extension application. | Please note if a temporary resident with implied status leaves Canada before a decision on their extension application is made, then when they re-enter Canada they cannot study or work until a decision is made on their Study Permit or Work Permit extension application. | ||
Those who are on implied status and wish to leave Canada while their extension application is | Those who are on implied status and wish to leave Canada while their extension application is processing should contact a lawyer for assistance regarding eligibility to re-enter Canada. | ||
== B. Loss and Restoration | == B. Loss and Restoration of Temporary Resident Status == | ||
Section 47 of the IRPA outlines when a foreign national’s temporary resident status in Canada is expired; namely: | Section 47 of the IRPA outlines when a foreign national’s temporary resident status in Canada is expired; namely: | ||
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(iii) On cancellation of their temporary resident permit. | (iii) On cancellation of their temporary resident permit. | ||
Further, if a temporary | 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; | ||
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*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 | 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. | ||
For detailed information about the eligibility and restoration fees, please check the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html IRCC website]. | For detailed information about the eligibility and restoration fees, please check the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html IRCC website]. | ||
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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 | 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: 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.''' | |||
'''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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* they did not exceed the allowable hours of work. | * they did not exceed the allowable hours of work. | ||
In general, a student is only permitted to apply for one PGWP in their lifetime. There are specific deadlines that students must meet in order to be eligible to apply for a PGWP. Applicants must apply for a PGWP within 180 days of obtaining written confirmation from their DLI indicating that they have met the requirements for completing their program of study, starting from the earlier time of the day their final marks are issued and the day they receive formal written notification of program completion. The onus is on the student | In general, a student is only permitted to apply for one PGWP in their lifetime. There are specific deadlines that students must meet in order to be eligible to apply for a PGWP. Applicants must apply for a PGWP within 180 days of obtaining written confirmation from their DLI indicating that they have met the requirements for completing their program of study, starting from the earlier time of the day their final marks are issued and the day they receive formal written notification of program completion. The onus is on the student to provide proof of the date of completion of the program to IRCC. | ||
A PGWP is issued based on the length of the study program (including regularly scheduled breaks) and can last between 8 months and 3 years. When determining the length of a post-graduation work permit, officers may confirm the duration of the program of study in Canada with supporting documents, including letter confirming completion of the program and transcript. For details about length calculation and other frequent issues about its validity, please refer to the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program/permit.html IRCC website]. | A PGWP is issued based on the length of the study program (including regularly scheduled breaks) and can last between 8 months and 3 years. When determining the length of a post-graduation work permit, officers may confirm the duration of the program of study in Canada with supporting documents, including letter confirming completion of the program and transcript. For details about length calculation and other frequent issues about its validity, please refer to the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program/permit.html IRCC website]. | ||
The PGWP can be applied while the student is inside Canada or outside Canada. | The PGWP can be applied for while the student is inside Canada or outside Canada. | ||
The requirements that must be met for a student to apply for a PGWP while in Canada are as follow: | The requirements that must be met for a student to apply for a PGWP while in Canada are as follow: | ||
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* they are on implied status (submitted an application to extend or change their status to visitor or student before the expiry date of their study permit and no decision has been made). | * they are on implied status (submitted an application to extend or change their status to visitor or student before the expiry date of their study permit and no decision has been made). | ||
If you don’t change your status to visitor and your study permit expires, you have up to 90 days after your study permit expires to apply for a PGWP and restore your status as a student. Once the 90 days pass, the student must leave Canada. They must then submit the PGWP application overseas, or apply to restore the student’s status as a student and submit the PGWP concurrently. | |||
Application packages can be found at the below websites: | Application packages can be found at the below websites: | ||
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=== 1. Spouses or Partners of Skilled Workers === | === 1. Spouses or Partners of Skilled Workers === | ||
Spouses or common-law partners of skilled foreign workers may be authorized to work in Canada without | Spouses or common-law partners of skilled foreign workers may be authorized to work in Canada without an Offer of Employment (see IRP Regulations s. 205(c)(ii)). A spouse or common-law partner is eligible to apply for an open work permit if their spouse (the principal foreign worker) meets the below requirements: | ||
*holds a work permit valid for at least 6 months, or, if working under IRP Regulations s. 186 without a work permit, presents evidence that they will be working for a minimum of 6 months; | *holds a work permit valid for at least 6 months, or, if working under IRP Regulations s. 186 without a work permit, presents evidence that they will be working for a minimum of 6 months; | ||
*is employed in an occupation that falls within skill type 0 or skill levels A or B: (See the [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/find-national-occupation-code.html IRCC website] to determine the NOC), and | *is employed in an occupation that falls within skill type 0 or skill levels A or B: (See the [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/find-national-occupation-code.html IRCC website] to determine the NOC), and | ||
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=== 2. Spouses or Partners of Full-Time Students === | === 2. Spouses or Partners of Full-Time Students === | ||
In general, spouses or common-law partners of certain foreign students may be allowed to apply for an Open Work Permit (see IRP Regulations s. 205(c)(ii) and LMIA exemption code C42). The applicant must provide evidence that they are the spouse or common law partner of a study permit | In general, spouses or common-law partners of certain foreign students may be allowed to apply for an Open Work Permit (see IRP Regulations s. 205(c)(ii) and LMIA exemption code C42). The applicant must provide evidence that they are the spouse or common-law partner of a study permit holder who is a full-time student at a public secondary institution; a private post-secondary institution that operates under the same rules and regulations as a public post-secondary institution in Quebec; a private or public secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies or an attestation of vocational specialization; or a Canadian private institution authorized by provincial statute to confer degree but only if the student is enrolled in one of the programs of study leading to a degree, as authorized by the province and not in just any program of study offered by the private institution. | ||
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]. | ||
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*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). | ||
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'''NOTE:''' Revocation of a foreign national’s Work Permit does not make the foreign national inadmissible to Canada. | '''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. | '''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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