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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 23, 2023}}
{{REVIEWED LSLAP | date= July 18, 2023}}
{{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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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:''' 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:''' 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:''' 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:''' 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.
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# For students who applied for a study permit (or extension) on or before October 7, 2022 if:
# For students who applied for a study permit (or extension) on or before October 7, 2022 if:
#*i. The student holds a study permit, or has maintained status
:i. The student holds a study permit, or has maintained status
#*ii. Must be in Canada or have re-entered Canada by December 31st, 2023, and,
:ii. Must be in Canada or have re-entered Canada by December 31st, 2023, and,
#*iii. Have one of the following conditions printed on their study permit:
:iii. Have one of the following conditions printed on their study permit:
## May work 20hrs. per week off campus, or full time during regular breaks, if meeting criteria outlined in section 186(v) of IRPR
:# May work 20hrs. per week off campus, or full time during regular breaks, if meeting criteria outlined in section 186(v) of IRPR
## 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.  
:# 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.  
#For students who applied for a study permit extension after October 7, 2022, the student may be able to work for more than 20 hours per week off campus until their current study permit expires if
#For students who applied for a study permit extension after October 7, 2022, the student may be able to work for more than 20 hours per week off campus until their current study permit expires if
#*i. They are a study permit holder who is studying at a designated learning institute full-time (or if meeting part-time requirements) and
:*i. They are a study permit holder who is studying at a designated learning institute full-time (or if meeting part-time requirements) and
#*ii. Their current study permit expires between November 15, 2022 and December 31, 2023.
:*ii. Their current study permit expires between November 15, 2022 and December 31, 2023.
#*iii.They are in Canada or have re-entered Canada by December 31, 2023
:*iii.They are in Canada or have re-entered Canada by December 31, 2023
#*iv. Have one of the following conditions printed on their study permit:
:*iv. Have one of the following conditions printed on their study permit:
## May work 20hrs. per week off campus, or full time during regular breaks, if meeting criteria outlined in section 186(v) of IRPR
:# May work 20hrs. per week off campus, or full time during regular breaks, if meeting criteria outlined in section 186(v) of IRPR
## 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.  
:# 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].
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