In-Canada Temporary Residence Matters (18:IX)

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 5, 2024.

Temporary residents in Canada, such as visitors, workers or students, who apply for permanent residency while holding temporary resident statuses in Canada, may encounter various immigration matters, which are covered in this section.

A. Temporary Resident 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 authorizes 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.

To extend a stay in Canada as a visitor, the applicant must apply for a visitor record before their current status expires. A visitor record extends the amount of time that a visitor can stay in Canada and provides the visitor with a new expiry date that they must leave Canada by. Applications to extend the length of stay in Canada are now largely completed online. When applying online, applicants will be required to upload the necessary forms and to answer several questions. In circumstances where applicants cannot submit an online application because of a disability or if there are problems with the online application, applicants may submit a paper application.

Please refer to the IRCC website for information on the process to extend a temporary resident status in Canada.

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 maintained 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 s 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 maintained status under the same terms and conditions as their temporary status document in Canada until a decision on their application is made.

Please note if a temporary resident with implied status leaves Canada before a decision on their extension application is made, 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 processing should contact a lawyer for assistance regarding eligibility to re-enter Canada.

See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html for more information on maintained status.

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:

(i) At the end of the period for which they are authorized to remain in Canada;

(ii) On a determination by an officer or the Immigration Division that they have failed to comply wth any other requirements of IRPA; or

(iii) On cancellation of their temporary resident permit.

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:

• apply within 90 days of having lost their status;
• meet the initial requirements for their stay;
• remain in Canada until a decision is made;
• have 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
• continue to meet the requirements of the authorization they want to restore.

The application to restore a temporary resident status is submitted online and the Case Processing Centre in Edmonton (“CPC-E”) ensures that the application contains the required documentation and the fee. An agent at CPC-E reviews the application. If the applicant is eligible for restoration, the officer will proceed with the assessment of the application and issue medical instructions if necessary. If all requirements are met, the visitor record that outlines the conditions of the restoration status is mailed to the applicant. 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. The officer will determine whether a s. 44 report may be warranted due to a possible violation of the IRPA or IRP Regulations. 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 eligibility and restoration fees, please check the IRCC website.

C. In-Canada Study Permit Applications

In general, the initial Study Permit application is submitted while the foreign national is outside of Canada (see IRP Regulations s 213). However, a 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 R215. For more information, please see the IRCC website.

NOTE: An application for a study permit renewal does not constitute an application for a temporary resident visa ("TRV"). Therefore, visa-required foreign nationals must apply separately for a TRV extension and pay the processing fee.

NOTE: In-Canada visitors are not eligible to apply for a study permit from within Canada unless they are exempt under IRP Regulations s R215.

NOTE: The Government of Canada has set an intake cap on international student study permit applications. This is a temporary measure, currently set to be in place for the next two years. In 2024, the cap is set to approximately 360,000 study permits. This is a 35% decrease from 2023.

D. Working in Canada as an International Student

1. Working On Campus During Studies

In general, students can work on-campus after they have started their study program in Canada. This means that if the student arrived in Canada prior to the commencement of the program, they must wait until they have commenced their studies in Canada before they can work on campus. To work on the student’s campus without a work permit, the following conditions must be met:

(a) The student is a full-time post-secondary student at a public post-secondary school, private college-level school in Quebec that operates under the same rules as public schools, and is at least 50% funded by government grants, or Canadian private school that can legally award degrees under provincial law;

(b) The student has a valid study permit or maintained status;

(c) The student has printed conditions on their initial study permit allowing them to work on campus; and

(c) The student has a Social Insurance Number (“SIN”) - this can be obtained at a Service Canada office.

Please note the student must stop working on campus if they fit into one of the following circumstances:

(a) On the day the student stop studying full-time, unless the student is in their final semester;

(b) When the student’s study permit expires;

(c) When the student is on an authorized leave from studies; or

(d) When the student is switching schools and are not currently studying.

If the student continues to work, this could lead to a removal order for not complying with the terms of the Study Permit.

IRCC also defines where the student can work on-campus and who they can work for. For more information see the IRCC website.

2. Working Off-Campus During Studies

In general, students can work off-campus after they have started their study program in Canada. This means that if the students arrive in Canada prior to the commencement of the program, they must wait until they have commenced their studies in Canada before they can work off-campus. For the students to work off campus, the following conditions must be met:

(a) The student is a full-time student at a designated learning institution;

(b) The student is enrolled in a

(i) post-secondary academic, vocational or professional training program,

(ii) or a secondary-level vocational training program (Quebec only);

(c) The student’s study program is at least 6 months long and leads to a degree, diploma or certificate;

(d) The student has started studying in Canada; and

(e) The student has a Social Insurance Number (“SIN”) - this can be obtained at a Service Canada office.

If the student is studying part-time at a designated learning institution, they may also be eligible to work off campus if they are in the last semester of their study program and do not need a full course load to complete their program, and they were a full-time student in their program in Canada, up until their last semester.

If the students are eligible to work in Canada off-campus, they are bound by the below conditions:

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. 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 has completed their study, they generally need to stop working. In this scenario, we recommend that you speak to a lawyer. For more information, please refer to the IRCC website.

NOTE: The temporary public policy implemented from November 15th 2022 to December 31st 2023 and extended to April 30th, 2024, which allowed students to work more than 20 hours per week off campus is now discontinued.

3. Working during PGWP Application

A post-graduation work permit (“PGWP”) allows students who have graduated from a participating Canadian post-secondary institution to gain valuable Canadian work experience. Students often use this to gain the necessary Canadian work experience to immigrate to Canada as a permanent resident under the Canadian Experience Class.

In general, international students who have completed their program of study are allowed to work pursuant to IRP Regulations 186(w), while they are waiting for a decision on their PGWP application, provided they meet all of the following:

• they are or were holders of a valid study permit at the time of the PGWP application;
• they were full-time students enrolled at a DLI in a post-secondary academic, vocational or professional training program;
• they were authorized to work off-campus without a work permit; and
• they did not exceed the allowable hours of work.

NOTE: Starting September 1, 2024, international students who begin a study program that is part of a curriculum licensing arrangement (a situation where students attend a private college licensed to deliver the curriculum of an associated public college) will not be eligible for a PGWP upon graduation. 

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 can be applied for while the student is inside Canada or outside Canada.

NOTE: As of June 21, 2024, international graduates cannot apply for a PGWP at a POE (airport, land, marine border) by "flag-poling".

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 IRCC website.

A 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:

• their study permit is still valid,
• they have a valid visitor record because they changed their status to visitor before their study permit expired, while waiting for their notice of graduation from their institution or simply to remain in Canada, subject to R 186(w), or
• 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:

• https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/apply.html (in Canada), and
• https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/apply-work-permit-outside-canada.html (overseas).

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/services/study-canada/work/after-graduation/eligibility.html

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

1. Spouses or Partners of Skilled Workers

Due to changes that came into effect in early 2023, spouses or common-law partners of high and now low skilled foreign workers may be authorized to work in Canada with an open work permit without a Labour Market Impact Assessment (see IRP Regulations s 205(c)(ii)).

For detailed information on the eligibility requirements and application procedures, please visit the IRCC websites:

TEER 0 to 3: 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

TEER 4 and 5: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-competitiveness-economy/c47-c48.html

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 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 IRCC website.

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

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 exhaustive list):

• 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 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 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 IRCC website.

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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