Given the recent announcement that Canada will no longer process work permit applications for individuals in Canada with visitor status, some may be wondering what options remain.
Until August 28, visitors in Canada had the option to apply for work permits from within Canada as part of a temporary measure brought in during the COVID-19 pandemic. This allowed newcomers stranded in Canada due to travel restrictions to work while waiting to return home while filling urgent vacant positions in the national labour force.
Since then, Canada’s immigration minister, Marc Miller, has reported that 138% of the jobs lost during the pandemic have been recovered and the current unemployment rate (as of June 2024) stands at 6%.
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The result has been that Canada has been repealing many of the temporary measures put in place during the pandemic. With the cessation of these measures, if you are on a visitor status in Canada it may now be more difficult to obtain a work permit, but there are still options to remain in the country with lawful status.
Visitors in Canada
Arriving in Canada as a visitor does not give you permission to work or study in Canada, and you must leave on or before your visitor’s record expiry date.
A visitor visa is issued by Immigration Refugees and Citizenship Canada (IRCC). Not all nationalities require a visa to visit Canada. Some foreign nationals may be eligible to enter Canada with an electronic Travel Agreement (eTA). Either way, while there are some exceptions, a visitor visa is typically valid for ten years. Most visitor visas grant the recipient multiple entries into Canada.
Visitor record
Upon arrival in Canada, a foreign national visiting Canada will usually be issued a visitor record by the Canada Border Services Agency (CBSA) at the port of entry—although this issuance is not mandatory.
A visitor record is a document separate from your passport. Usually, your visitor record will allow you to remain lawfully in Canada for 183 days. It is possible that the border officer might indicate that you will need to leave earlier. Your visitor record will have an expiry date, which is the date by which you must leave Canada.
You may find that you wish to remain in Canada longer than your status validity. To maintain your status as a visitor, you can apply for an extension of your visitor record. To do so, a separate application package must be submitted to IRCC before expiration of the status document.
To extend your temporary status in Canada as a visitor, you must apply at least 30 days before your current status expires
If your temporary resident status has already expired
IRCC notes that if your temporary resident status (for work permits, visitor visas, or study permits) has expired, you are no longer eligible to apply for an extension. It may be possible to apply for a restoration of status if you apply within 90 days of expiration. If 90 days has passed, you must leave Canada.
Expiring work or study permits
A worker or a student in Canada can apply to extend their status as a worker or student and continue to remain in Canada. They must be eligible to apply for the respective permits.
From the date that IRCC receives your application, until the date they make a decision on your application, you will benefit from what is called “maintained status,” provided that you remain in Canada. It will let you continue working or studying in Canada while IRCC decides on your application.
You can prove you have maintained status with proof of your application for your permit extension.
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