Visitors, international students, and temporary foreign employees in Canada are presented with numerous opportunities to prolong their stay.
The Immigration, Refugees, and Citizenship Canada (IRCC) offer several avenues for temporary residents to continue residing in Canada while awaiting a decision on their permanent or temporary residency status.
For instance, if temporary residents apply for a fresh temporary status and their documents expire before the IRCC reaches a decision, they are not obligated to depart from Canada. Students, travelers, and temporary foreign employees with maintained status can carry on their stay in Canada under the same conditions as their previous authorization until their new application gets approval.
Temporary Residence Permit in Canada who are seeking for permanent residency and whose documents are about to expire may be eligible for a Bridging Open Work Permit (BOWP).
How to Extend Temporary Residence Permit in Canada
While certain temporary residence permits can be renewed and extended, others, such as the Post-Graduation Work Permit (PGWP), do not have this option. Nevertheless, this does not automatically disqualify these workers from being eligible for an alternative work permit.
While it is an option for many, seeking a Temporary Resident Visa (TRV) in Canada is generally not advisable because it does not grant permission for work or study. Individuals holding a TRV may have the opportunity to request a Visitor Record, which permits them to stay for a duration exceeding six months but still does not grant the right to work or study. In certain circumstances, individuals who are exempt from work permits may have the option to extend their stay. In this article How to Extend Temporary Residence Permit in Canada, we look at where individuals can stay if they benefit from the following:
• Work Permits
• Study Permits
• Post-Graduation Work Permits
• Bridging Open Work Permits
• Spousal Open Work Permits
Work Permits
Work permits in Canada are divided into two groups: those that need a positive or neutral Labour Market Impact Assessment (LMIA) and those that do not.
The purpose of an LMIA (Labour Market Impact Assessment) is to demonstrate to the Canadian government that there is a genuine requirement for a foreign worker to fill a specific job opening. The LMIA process is the responsibility of the company, not the employee. Once Employment and Development Services Canada (EDSC) grants a positive or neutral LMIA to the employer, the employer provides the worker with a copy of the confirmation letter. Subsequently, the worker applies to IRCC (Immigration, Refugees, and Citizenship Canada) for a work permit.
To tackle acknowledged labor shortages, several work permit programs offer simplified LMIA (Labour Market Impact Assessment) procedures. For instance, the Global Talent Stream (GTS) allows companies with eligible tech occupations to bypass the LMIA’s advertising requirement, thereby decreasing processing time. The typical processing period for GTS work permits is two weeks. Furthermore, the province of Quebec maintains its own list of occupations that simplifies LMIA processing.
The majority of temporary foreign employees possess work permits that do not require an LMIA (Labour Market Impact Assessment). In 2021, more than 315,000 LMIA-exempt work permits were granted, which is over three times the number of LMIA-supported work permits.
To hire employees through an LMIA-exempt work permit program, Canadian companies with job postings that align with an LMIA exemption code must pay a compliance fee and submit an offer of employment through IRCC’s (Immigration, Refugees, and Citizenship Canada) employer portal.
From the government’s perspective, LMIA-exempt work permits aim to promote Canadian interests. The two most prevalent types of LMIA-exempt work permits are “significant benefit” and “reciprocal employment.” In Canada, “significant benefit” refers to a foreign national whose work will contribute socially, culturally, or economically to Canadians.
Reciprocal employment arises when Canada and another country establish an agreement that enables the exchange of workers across borders. In this scenario, foreign workers have comparable opportunities in Canada to what Canadian workers enjoy abroad, ensuring a neutral impact on the labor market.
Open work permits, which grant holders the ability to work anywhere in Canada for any employer, fall under the LMIA-exempt category. Additionally, work permits issued under agreements such as CUSMA (Canada-United States-Mexico Agreement), CETA (Comprehensive Economic and Trade Agreement), or other free trade agreements with Canada are also considered LMIA-exempt. Similarly, work permits obtained through the International Experience Canada (IEC) program share this exemption status. The IEC program offers opportunities for young individuals from specific countries to gain Canadian work experience.
Study Permit
Acquiring a study permit in Canada can provide you with the option to stay in the country, particularly if it aligns with your career goals and financial situation. With a study permit, you can work part-time during the academic year and full-time during designated breaks.
To obtain a study visa in Canada, you must first gain admission to a Designated Learning Institution (DLI). Subsequently, you can use your acceptance letter to apply for a study visa in Canada.
Upon successfully completing your program, you may have the opportunity to remain in Canada through the Post-Graduation Work Permit (PGWP) if you haven’t obtained one previously. Additionally, you’ll be eligible for special pathways to permanent residency specifically designed for international student graduates.
Post-Graduation Work Permit (PGWP)
For international students who have successfully completed a post-secondary program at a recognized Designated Learning Institution (DLI), the Post-Graduation Work Permit (PGWP) offers a potential opportunity to remain in Canada. This permit is classified as an unrestricted work permit, allowing the holder the freedom to work for any employer or in any occupation of their choice.
International students enrolled in study programs lasting more than eight months but less than two years may be eligible for a Post-Graduation Work Permit (PGWP) that corresponds to the duration of their program. Those who have successfully completed programs lasting two years or more may be eligible for a three-year PGWP.
Bridging Open Work Permit (BOWP)
The Bridging Open Work Permit (BOWP) enables some permanent residence candidates to remain in Canada after their temporary status expires.
A BOWP is available for the following immigration programmes:
• Federal Skilled Worker Program
• Canadian Experience Class
• Federal Skilled Trades Program
• Provincial Nominee Program
• Quebec Skilled Workers
• Agri-Food Pilot Program
Foreign workers who potentially meet the requirements for the Canadian Experience Class (CEC) have been unable to submit applications for permanent residency since September 2021. Without an Acknowledgement of Receipt (AOR) from the Immigration, Refugees, and Citizenship Canada (IRCC), they cannot obtain a Bridging Open Work Permit (BOWP). Depending on their specific situations, these individuals may still be eligible to apply for different types of work permits.
Spousal Open Work Permit (SOWP)
If you have a Canadian citizen or permanent resident spouse or common-law partner, you might have the option of pursuing spousal sponsorship. When you apply for sponsorship while inside Canada, you fall under the category of an in-land applicant, and you could qualify for a Spousal Open Work Permit (SOWP). This type of permit is specifically intended for spouses and common-law partners of Canadians who are in the immigration process.
Spouses of temporary residents may also qualify for an open work permit. To do so, temporary foreign workers must meet certain eligibility criteria, including holding a valid work permit for at least six months after obtaining an open spousal work permit, among other conditions. Additionally, foreign workers must satisfy one of four specified requirements:
• working in a National Occupational Classification (NOC) skill level of 0, A, or B;
• working in any occupation when accepted to an Atlantic Immigration Program (AIP) stream;
• working in any occupation holding a provincial or territorial nomination from the Provincial Nominee Program (PNP); or
• working in any occupation and holding a Quebec Selection Certificate (CSQ).
Depending on the condition of the temporary foreign worker, there are also other program-specific criteria that must be satisfied.
Spouses of international students may be eligible for an open work permit if they can demonstrate that they are in a genuine relationship and that their spouse is enrolled in a government-approved program as an international student.
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FAQs About Temporary Residence Permit in Canada
- Can I work in Canada with a Temporary Residence Permit?
- Yes, if you have a work permit as part of your TRP, you can legally work in Canada.
- How long can I stay with a Temporary Residence Permit?
- The duration of your stay depends on the type of TRP you obtain. Work permits and study permits are typically valid for the duration of your employment or studies.
- Can I extend my Temporary Residence Permit?
- Yes, in some cases, TRPs can be extended. You’ll need to apply for an extension before your current permit expires.
- Do I need health insurance while in Canada on a TRP?
- It’s highly recommended to have health insurance, as Canada’s healthcare system may not cover all expenses for temporary residents.
- Is a Temporary Residence Permit the same as a Permanent Residence Permit?
- No, these are two different types of permits. A TRP is for temporary stays, while a Permanent Residence Permit is for those seeking permanent residency in Canada.
- What happens if my TRP application is denied?
- If your application is denied, you may appeal the decision or reapply with additional documentation.
Conclusion
Navigating the process of obtaining a Temporary Residence Permit in Canada may seem daunting, but with the right information and guidance, it can be a smooth journey. Whether you’re coming to Canada for work, study, or exploration, understanding the eligibility criteria and application process is key. Remember to plan ahead, gather all necessary documents, and seek professional assistance if needed. Canada’s temporary residence program welcomes individuals from around the world, offering diverse experiences and opportunities. Start your journey today!