How may your temporary resident Visa in Canada be extended?
There are numerous options for visitors, international students, and temporary foreign workers to prolong their stay in Canada.
There are several ways for temporary residents to stay in Canada while they wait for a decision on their permanent or temporary residency, according to Immigration, Refugees and Citizenship Canada (IRCC).
For instance, temporary residents are not obliged to leave Canada if they apply for a new temporary status and their documents expire before IRCC reaches a decision. Students, tourists, and temporary foreign workers with maintained status may stay in Canada as long as their new application is accepted with the same restrictions as before.
A Bridging Open Work Permit (BOWP) may be available to temporary resident visa who are applying for permanent residency and whose documents are about to expire.
Some temporary resident visa, like the Post-Graduation Work Permit (PGWP), are renewable and extendable, but not all of them. This does not necessarily exclude these workers from becoming qualified for another type of work permit, though.
Applying for a Temporary Resident Visa in Canada is normally not a smart choice because it does not allow you to work or study, even if it is a possibility for many. Those who are on a TRV may be qualified to apply for a Visitor Record, which permits them to remain for longer than six months but prohibits them from working or attending school. Those who qualify for work permit exemptions occasionally have the option of staying. In this article, we examine possible accommodations for people who gain from the following:
- Work Permits
- Study Permits
- Post-Graduation Work Permits
- Bridging Open Work Permits
- Spousal Open Work Permits
Work Permits in Canada
In Canada, there are two categories of work permits: those that require a favourable or unfavourable Labour Market Impact Assessment (LMIA) and those that do not.
An LMIA is used to demonstrate to the Canadian government that a foreign worker is actually required to fill a position. The company, not the employee, is required to complete the LMIA procedure. When Employment and Development Services Canada (EDSC) presents an employer with a favourable or neutral LMIA, the employer provides a copy of the confirmation letter to the employee. The employee then submits a work permit application to IRCC.
Numerous work permit programs offer shortened LMIA procedures to solve acknowledged workforce shortages. For instance, the Global Talent Stream (GTS) allows businesses with qualified tech occupations to forego the LMIA’s advertising requirement, speeding up processing. GTS work permits typically take two weeks to process. Additionally, Quebec has its own list of professions that facilitates LMIA processing.
Most temporary foreign workers have work permits that are exempt from the LMIA. In 2021, more than 315,000 LMIA-exempt work permits were granted, which is more than three times as many as those sponsored by the LMIA. Canadian businesses that advertise jobs that match an LMIA exemption code must pay a compliance fee and submit an offer of employment via the employer portal of the IRCC in order to hire people through an LMIA-exempt work permit program.
The purpose of LMIA-exempt work permits, in the eyes of the government, is to promote Canadian interests. The LMIA-exempt work permit categories with the most popularity are significant benefit and reciprocal employment. A foreign worker who will provide a “significant benefit” to Canadians economically, socially, or culturally qualifies as such. When Canada and another country come to an agreement that permits the cross-border exchange of workers, reciprocal employment takes place. Since foreign workers can choose from similar possibilities in Canada as Canadians can choose from abroad, the influence on the employment market is viewed as neutral.
The LMIA-exempt category includes open work permits, which permit holders to work anywhere in Canada for any company. Included are any work permits granted in accordance with CUSMA, CETA, or other free trade agreements with Canada. The same work permits are available through the International Experience Canada (IEC) program. Teenagers from particular countries get the chance to experience Canada thanks to the IEC.
Study Permit in Canada
If it is in your best interest financially and professionally to stay in Canada, you might be able to do so by obtaining a study permit in Canada. You will have the option to work both full- and part-time during set breaks during the school year.
To obtain a study visa, you must first be accepted into a Designated Learning Institution (DLI). After that, you can use your letter of acceptance to apply for a student visa in Canada.
If your program is successful, you might be eligible to remain in Canada under the PGWP (if you have never had one before). Additionally, you are qualified for unique pathways to permanent residency for graduates of international students.
Study Permit in Canada
The Post-Graduation Work Permit (PGWP) may be an option for international students who have completed a post-secondary degree at an authorized Designated Learning Institution (DLI) to remain in Canada (DLI). Because it is an open work permit, the holder is not restricted to a particular employer or line of work.
A PGWP that fits the length of a study program that lasts more than eight months but less than two years may be available. A three-year PGWP may be available to international students who have successfully completed two-year or longer programs.
Bridging Open Work Permit (BOWP)
Some applicants for permanent residency have the option of staying in Canada after their temporary resident visa status expires thanks to the Bridging Open Work Permit (BOWP).
For the following immigration programs, a BOWP is available:
- Federal Skilled Worker Program
- Canadian Experience Class
- Federal Skilled Trades Program
- Provincial Nominee Program
- Quebec Skilled Workers
- Agri-Food Pilot Program
Since September 2021, foreign workers who might be eligible for the CEC have not been able to petition for permanent residency. Without an IRCC Acknowledgement of Receipt (AOR), they are unable to purchase a BOWP. People may be qualified to apply for different work permits depending on their circumstances.
Spousal Open Work Permit (SOWP)
If your spouse or common-law partner is a Canadian citizen or permanent resident, spousal sponsorship can be an option. The Spousal Open Work Permit (SOWP), which is intended specifically for spouses and common-law partners of Canadians who are in the immigration process, may be available to you if you apply for sponsorship from within Canada and are deemed an in-land candidate.
Spouses of temporary resident visa may also qualify for an open work permit. Specific qualifying conditions must be met by temporary foreign workers, including, among other things, maintaining a valid work permit for six months after getting an open spousal work permit. Any occupation with a National Occupational Classification (NOC) skill level of 0, A, or B; any occupation when accepted into an Atlantic Immigration Program (AIP) stream; any occupation with a provincial or territorial nomination from the Provincial Nominee Program (PNP); or any occupation with a Quebec Selection Certificate (CSQ). These four conditions must also be met by a foreign worker.
There are other program-specific requirements that must be met, depending on the health of the temporary foreign worker.
If they can prove to the government that they are truly in a relationship and that their spouse is an international student enrolled in an approved program, spouses of foreign students may be able to acquire an open work visa.
