TEMPORARY RESIDENCE

What is a Temporary Resident?

A temporary resident is a foreign national who is legally authorized to enter Canada for temporary purposes. 

A foreign national has temporary resident status when they have been found to meet the requirements of the legislation to enter and/or remain in Canada.

When do I apply for a Temporary Resident Visa (TRV) ?

  • Visitors

  • Workers

  • Students

Study Permits (Initial Application)

 

Foreign nationals are required to obtain a study permit for engaging in academic, professional, vocational or other education or training that is more than 6 months in duration at a designated learning institution (DLI) in Canada.

 

The study permit is a written authorization Canada issue that allows foreign nationals to study at designated learning institutions (DLI) in Canada. Most foreign nationals need a study permit to study in Canada.

 

Work Permits

 

A work permit or written authorization to work without a permit is required in order for a foreign national to be allowed to work in Canada under either of the following programs:

  • the Temporary Foreign Worker Program

    • Employers must obtain a Labour Market Impact Assessment (LMIA) to hire foreign workers to fill temporary labour and skill shortages. The LMIA verifies that there is a need for a temporary worker and that no Canadians are available to do the job.

  • the International Mobility Program (IMP)

    • The IMP lets employers hire temporary workers without an LMIA. Exemptions from the LMIA process are based on both of the following:

      • the broader economic, cultural or other competitive advantages for Canada

      • the reciprocal benefits enjoyed by Canadians and permanent residents

 

The International Experience Canada (IEC) program provides young nationals from select countries, with the opportunity to travel and work in Canada for a maximum of 24 months. Interested candidates are randomly selected depending on the spots available for their country of origin and for the category in which they are eligible.

 

There are three categories under IEC:

  • Working Holiday,

  • Young Professionals, and

  • International Co-op Internship.

 

i. Work Permits (Initial Application)

 – LMIA applications for Employers

 

Most employers need a Labour Market Impact Assessment (LMIA) before they can hire a temporary worker. Before you start the hiring process, you must determine if you need an LMIA. If you do need an LMIA, you must hire the temporary worker through the Temporary Foreign Worker Program (TFWP).

 

The TFWP lets employers hire foreign workers to fill temporary labour and skill shortages. A positive LMIA will show that there is a need for the foreign worker to fill the job you are offering and that there is no Canadian worker available to do the job.

 

Once a positive LMIA has been issued, you should provide a copy of the confirmation letter to each temporary worker and advise each of them to apply for a work permit.

 

  • Extension of Work Permits

  • Restoration of Status as a Worker

  • Work Permits for Spouses

  • Post Graduate Work Permit Program

 

The Post-Graduation Work Permit Program (PGWPP)

It allows students who have graduated from a participating Canadian post-secondary institution to gain valuable Canadian work experience. Skilled Canadian work experience gained through the PGWPP helps graduates qualify for permanent residence in Canada through the Canadian experience class.

 

Employers seeking to employ open work permit holders are exempt from the requirement to first obtain a positive Labour Market Impact Assessment (LMIA) from Service Canada.

A work permit under the PGWPP may be issued for the length of the study program, for a maximum of 3 years. A post-graduation work permit cannot be valid for longer than the student’s study program, which must be a minimum of 8 months in duration.

Who is eligible to participate

To obtain a work permit under the PGWPP, the applicant must meet the following requirements:

  • have a valid study permit when applying for the work permit

  • have continuously studied full time in Canada (i.e., studies must have taken place at a Canadian educational institution) and have completed a program of study that is at least 8 months in duration

  • have completed and passed the program of study and received a written notification from the educational institution indicating that they are eligible to obtain a degree, diploma or certificate; the educational institution must be one of the following:

    • a public post-secondary institution, such as a college, trade or technical school, university or CEGEP (in Quebec)

    • a private post-secondary institution that operates under the same rules and regulations as public institutions

    • a private secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies (DVS) or an attestation of vocational specialization (AVS)

    • a Canadian private institution authorized by provincial statute to confer degrees (i.e., bachelor’s degree, master’s degree, doctorate), 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

Applicants must apply for a work permit within 90 days of receiving written confirmation (e.g., an official letter or transcript) from the educational institution indicating that they have met the requirements for completing their program of study. Calculation of the 90 days begins the day the student’s final marks are issued or the day formal written notification of program completion is received, whichever comes first.

Caregiver Program

  • LMIA application and subsequent WP application for Applicant

 

Families can hire a foreign caregiver to provide care, in a private residence, to children, seniors or persons with certified medical needs, when Canadians and permanent residents are not available.

Under the Temporary Foreign Worker Program (TFWP), families can hire foreign caregivers. However, the caregivers must:

  • provide care on a full-time basis (minimum 30 hours per week)

  • work in the private household where the care is being provided

  • meet the requirements set Employment and Social Development Canada (ESDC)/Service Immigration, Refugees and Citizenship Canada (IRCC)

These families or private household employers will be able to hire foreign workers, on a live-in or live out basis, for 2 categories of in-home workers, which include:

1. Caregivers for children

  • Children under 18 years of age

This category could include positions such as:

  • Child care provider, live-in caregiver, nanny (NOC 4411)

2. Caregivers for people with high medical needs

  • elderly persons, 65 years of age or over

  • people with disabilities, a chronic or terminal illness.

Live in Caregiver – Application for Permanent Residence

 

Live-in caregivers may apply for permanent residence after they have worked full time for at least 24 months within the four years immediately following their entry into Canada under the Live-in Caregiver Program (LCP) or for a total of 3,900 hours within a minimum of 22 months, which may include a maximum of 390 hours of overtime. Live-in caregivers must meet the requirements of the class as specified in section 113 of the Immigration and Refugee Protection Regulations (IRPR) at the time of their application for permanent residence.

 

 

Temporary Resident Visa (Initial Application)

 

A temporary resident visa (TRV) is an official counterfoil document issued by a visa office that is placed in a person’s passport to show that they have met the requirements for admission to Canada as a temporary resident.

 

If a foreign national meets the requirements of the Immigration and Refugee Protection Act (IRPA) and is admissible, an immigration officer may issue a TRV, per subsection A11(1), in the form of an official counterfoil document placed in the individual’s passport. The expiry date of a TRV is the date by which the visa must be used to arrive at the port of entry (POE) and seek admission to Canada. The expiry date is not the suggested duration of the visit. A TRV does not guarantee entry to Canada, nor does it grant temporary resident status in Canada.

 

Upon arrival at a Canadian POE, the foreign national is required to report to the Canada Border Services Agency (CBSA). Per paragraph A20(1)(b), to become a temporary resident, every foreign national who seeks to enter Canada must establish that they hold the visa required by the Immigration and Refugee Protection Regulations (IRPR) and will leave Canada by the end of the period authorized for their stay. The foreign national must satisfy a border services officer of the CBSA that they have the ability and willingness to leave Canada at the end of their authorized stay.

 

Extension of Visitor Visas

 

A person may apply to extend their status as a temporary resident in Canada beyond the initial period granted for their stay by the officer at the port of entry. This includes accompanying family members, regardless of whether or not the principal applicant will be extending their status in Canada. It will be up to the officer to make the final decision after reviewing the circumstances.

Applicants must:

  • apply before their status expires and have complied with all the conditions that were imposed on entry (R181).

  • also meet the requirements of R179, regardless of whether they initially required a temporary resident visa (TRV) or not.

 

 

Restoration of Status as a Visitor

 

Super Visa Program – Parents and Grandparents

Eligible parents and grandparents receive a multiple-entry TRV for up to 10 years, with the status period extending for up to 2 years on each entry to Canada.

Eligibility criteria and documentary requirements

An applicant is eligible for a super visa if they meet the requirements for temporary residence in Canada as a visitor and provide the additional required documentation. Specifically, they must provide the following:

  • proof of their relationship to the child or grandchild (who must be a Canadian citizen or permanent resident)

  • proof of a medical examination and of being admissible on health grounds;

  • satisfactory evidence of private medical insurance from a Canadian insurance company valid for a minimum period of 1 year from the date of entry that (all must apply):

  • a letter of invitation written and signed by the host child or grandchild promising financial support for the entire duration the applicant intends to stay in Canada;

  • evidence of the child’s or grandchild’s means of providing financial support through meeting the low income cut-off (LICO) minimum

Temporary Resident Permits

 

Normally, persons who do not meet the requirements of the Immigration and Refugee Protection Act (IRPA) are:

  • refused permanent resident or temporary resident visas abroad;

  • refused Electronic Travel Authorization (eTA);

  • denied entry at a port of entry; or

  • refused processing within Canada.

In some cases, however, there may be compelling reasons for an officer to issue a TRP to allow a person who does not meet the requirements of the Act to enter or remain in Canada.

TRPs allow officers to respond to exceptional circumstances to meet Canada’s social, humanitarian and economic commitments while maintaining the health and security of Canadians.

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