Temporary Resident Visa & a Permit allows a foreigner to visit Canada for a temporary purpose. The purpose could be to see family members, attend touristic places, study at a school, college or university, work temporarily for a Canadian employer, or as a business visitor for international business activities without directly entering the Canadian labor market.
VisitForeign nationals need a visitor visa to enter Canada if they are not from the visa-exempt countries and planning to do touristic activities, visit family members/friends living in Canada, study English or French as a second language or study at any other program for less than six months, or conduct international business activities. Most visitors are allowed a maximum six-month stay from the day they entered Canada. However, the minimum allowed stay could be any period less than a six-month period.
StudyA foreign national from any country needs a Student Visa or an Electronic Travel Authorization (ETA) and a Study Permit to study in Canada. Any study program longer than six months would require a Study Permit. A foreign national needs a Student Visa or an ETA to enter Canada, while a Study Permit is required to stay and be authorized to study in a Canadian educational institution (Designated Learning Institution), such as a school, college, university, etc. A Study Permit is usually valid for the length of a study program, plus an extra three months to prepare to leave Canada or apply for an extension. Some categories of persons do not need a Study Permit: minor children in Canada, family or staff of foreign representatives, members of foreign armed forces, and registered Indians in Canada.
Free Trade AgreementsCanada has some international economic and trade agreements with other countries and unions, such as United States of America, Mexico, Chile, Peru, Colombia, Peru, Korea, European Union. Under the International Mobility Program, these agreements and the General Agreement on Trade in Services (GATS) have provisions that facilitate temporary entry to four categories of business persons: business visitors, professionals, intra-company transferees, and traders and investors. The most significant benefit of these agreements is that eligible business persons require a Work Permit, but are exempt from a Labour Market Impact Assessment (LMIA). A Work Permit could be issued for a different period (one, two or three years), depending on the category of a business person and activities, and extended.
WorkMost foreign nationals need an open or employer-specific Work Permit to work in Canada. To work means to enter a Canadian labor market, not simply conducting international business activities for the remuneration paid from a source outside Canada. In general terms, Canadian economic and social development policy prescribes that a foreign national can be authorized to work in Canada only if the Canadian citizens or permanent residents of Canada are not qualified to perform the job offered. A labor shortage is confirmed via a process called Labour Market Impact Assessment (LMIA) conducted by the Economic and Social Development Canada (ESDC). However, there are prescribed exemptions under which some categories of people do not need a Work Permit at all or need LMIA- exempted Work Permit. For instance, business visitors up to six months, clergy, short-term highly-skilled workers, etc. do not require a work permit. While recent graduates from the eligible Canadian educational institutions can apply for a post-graduation open Work Permit, which is LMIA-exempted. A Work Permit is an authorization to work in Canada, while a Worker Visa or an Electronic Travel Authorization (ETA) is required to enter Canada. There is no established maximum amount of time a foreign national can work in Canada as a temporary worker. Instead, the length of a Work Permit depends on the job offer, the period listed on LMIA, and validity of a passport.
Super Visa for Parents and GrandparentsOnly a parent or grandparent of a Canadian citizen or a permanent resident of Canada can apply for a Super Visa. The Super Visa is a multi-entry visa for a period up to 10 years. With the Super Visa, eligible parents/grandparents can visit their children/grandchildren and their families in Canada for up to two years without the need to renew their status. This means that eligible parents/grandparent can stay for up to two years on initial entry into Canada (while Visitor Visa only allows entry of maximum six months). It is essential that an immigration/visa officer will look at the applicant(s) eligibility and whether the children/grandchildren in Canada meet a Super Visa requirements, such as, for instance, minimum income threshold, medical insurance, etc.
Inadmissibility/Temporary Resident PermitsA foreign national needs a Visa/Electronic Travel Authorization or a Study/Work Permit to enter and stay in Canada for different purposes, such as visit, work, study, conduct business, etc. Before a Visa/Electronic Travel Authorization or a Study/Work Permit could be issued, an immigration or visa officer considers the admissibility of each person planning to enter and stay in Canada. There are grounds on which a foreign national could be inadmissible, i.e., refused entry to, or removed from Canada. The grounds are security reasons, human or international rights violations, criminal grounds, health grounds, financial reasons, misrepresentation, failure to comply with any provision of Canadian immigration laws, or having an inadmissible family member. However, in some cases if a foreign national has a valid reason to enter or stay in Canada, but is inadmissible on grounds listed above, IRCC may issue this person a Temporary Resident Permit. In this case, an immigration or border services officer will assess if the need to enter or stay in Canada outweighs the health or safety risks to Canadian society.
Permanent Resident Visa allows to move and live in Canada permanently. There are federal and provincial immigration programs for a family class immigrants sponsored by close Canadian family members, economic or “independent” immigrants, such as skilled workers and business immigrants, who qualify for certain types of jobs or have other important assets to bring to Canada.
SponsorshipCanadian citizens or permanent residents of Canada of at least 18 years old can sponsor specified categories of relatives for a permanent residence. After eligible relatives become permanent residents, they can live, study and work in Canada. A spouse, common-law partner, conjugal partner, dependent children, adopted children, parents/grandparents or other relatives in exceptional cases could be sponsored by the eligible sponsor. Admissibility and funds requirements could be different depending on the category of a sponsored relative.
Express EntryExpress Entry System is a tool used by the Immigration, Refugees and Citizenship Canada for management and processing of immigration applications for permanent residence for skilled workers in Canada or overseas. Express Entry System manages applications for permanent residence under the federal economic immigration programs: the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class. Canadian provinces/territories can also recruit candidates from Express Entry through their Provincial Nominee Programs. First, a candidate has to create an Express Entry Profile and provide information about his or her skills, work experience, language ability, education, etc. Each of the three federal economic immigration programs has the minimum eligibility requirements. If a candidate meets the requirements of at least one program, then this person will be put in the Express Entry Pool of candidates. Top ranking candidates from the pool will be invited to apply for permanent residence. Express Entry allows fast processing of immigration applications within six months or less.
Federal Skilled WorkersSkilled workers are chosen as permanent residents based on their education, work experience, knowledge of English and/or French, age, arranged employment in Canada and adaptability. These selection factors often help skilled workers to succeed in Canada. If the skills and experience qualify a candidate as a federal skilled worker, the candidate will be assessed on six selection factors and scored using the Comprehensive Ranking System. If the candidate scores 67 points or higher (out of 100), he or she may qualify to immigrate to Canada as a federal skilled worker.
Federal Skilled TradesThe Federal Skilled Trades Program allows people who are qualified in a skilled trade to become permanent residents of Canada. Currently, eligible skilled trades are the following: industrial, electrical and construction trades, maintenance and equipment operation trades, supervisors and technical jobs in natural resources, agriculture and related production, processing, manufacturing and utilities supervisors and central control operators, chefs and cooks, butchers and bakers. To qualify under this stream, a candidate must also meet the language ability, work experience, and qualification requirements. Applications under the Federal Skilled Trades Program are managed through the Express Entry System.
Canadian Experience ClassThe Canadian Experience Class Program allows people with Canadian skilled work experience to become permanent residents of Canada. Eligible Canadian skilled work experience must be full-time, 12 months, gained within three years of applying and be in managerial jobs (NOC skill level 0), professional jobs (NOC skill type A) or technical jobs and skilled trades (NOC skill type B). A candidate should also prove language ability by taking a language test approved by the Government of Canada. Applications under the Canadian Experience Class Program are managed through the Express Entry System.
Start-up VisaEntrepreneurs who developed an innovative business idea and have the skills and potential to build a business in Canada may apply to become permanent residents of Canada. Canada's Start-up Visa Program has requirements for a start-up business and its owner(s) that must be met before a candidate can apply for permanent residence. As such, a start-up business should be supported by the designated organization(s) (business groups that have been approved to invest in or support possible start-ups), can create jobs for Canadians and compete on a global scale. Owner(s) should meet the ownership requirements, language requirements and have enough funds to settle in Canada.
Immigrant Investor Venture Capital Pilot Program (IIVCPP)International investors with a personal net worth of CDN $10 million or more, the skills and abilities needed to contribute to the Canadian economy and integrate into Canadian society, may be eligible to apply for permanent residence under the Immigrant Investor Venture Capital (IIVC) Pilot Program. Net worth must have been acquired through lawful, private sector business or investment activities (not by inheritance or in the value of the primary residence). Also, the due diligence report, as an independent examination and validation of past business/investment experience, a source of funds and personal net worth would be required. An international investor must be willing and able to make an at-risk investment (non-guaranteed) of CDN $2 million in the IIVC Fund for approximately 15 years. International investors under IIVC Pilot Program must also meet the language and education requirements.
Self-employed PersonA foreign national who gained at least two years of work experience in the past five years as a self-employed in cultural activities, for athletics, or through managing a farm may be eligible to apply for permanent residence under the Self-Employed Persons Program. A candidate has to show that he or she is intended to become self-employed in Canada. There is a selection grid to assess whether a candidate will be able to make an economic contribution to Canada and is required to score at least 35 points (out of 100 points) to meet eligibility criteria. Selection criteria include experience, education, age, language abilities, and adaptability.
PNPsA foreign national can immigrate to Canada under the federal or provincial programs. Canadian provinces/territories can nominate immigrants through the Provincial Nominee Programs (PNPs). Candidates must want to live in the specific Canadian province and have the skills, education, and work experience to contribute to the economy of that province/territory. Each Canadian province/territory has its own immigration programs that target certain groups (students, business people, skilled workers or semi-skilled workers) and selection criteria for each stream. Some provinces/territories manage their immigration streams under Express Entry.
Atlantic Immigrant Pilot ProgramThe four Atlantic Provinces: New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island, entered into a partnership with the Government of Canada. Only eligible candidates from these four provinces can apply for permanent residence in Canada through one of the three programs: high-skilled workers, intermediate-skilled workers, or international graduates. Each of the three programs has its own requirements, which all must be met. Most importantly, a job offer is required under all of the three programs and must be made by eligible businesses is these provinces. Also, a settlement plan and an endorsement by an Atlantic province are required.
CaregiverIf a foreign national has two years of Canadian work experience in the four years before applying as a Live-in Caregiver or Live-out Caregiver (i.e., Caring for Children or Caring for People with High Medical Needs pathways), this person may be eligible to apply for permanent residence under the Caregiver Program. Also, the language, education, and admissibility requirements must be met. Caregivers qualify for an open work permit while their application for permanent residence is being processed.
Humanitarian and CompassionateIn the exceptional circumstances, the permanent residence could be granted to a foreign national who would otherwise not qualify in any class. The purpose of humanitarian and compassionate discretion is to allow flexibility to approve deserving cases not covered by the legislation. If there are compelling grounds, a foreign national can make a submission under the H&C exemption. H&C grounds assessment encompasses circumstances and factors that may be sufficiently compelling to allow for the requested exemption and must be assessed altogether. Amongst the factors are the best interest of the child, establishment or ability to establish in Canada, family relationships, hardships that could be caused by the potential removal of a foreign national back to the home country, etc.
Refugees are persons seeking protection in Canada. They are either Convention Refugees selected abroad for resettlement in Canada in accordance with the Geneva Convention (government assisted or privately sponsored) or are refugee claimants who have arrived in Canada and seek Convention Refugee status at the Immigration and Refugee Board (in-Canada refugees).
Canada’s Refugee SystemThe Canadian refugee system has two main streams: the Refugee and Humanitarian Resettlement Program, for people who need protection from outside Canada and the In-Canada Asylum Program for people making refugee protection claims from inside Canada. Refugees are people who have fled their countries because of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, or risk to life, cruel and unusual punishment, or danger of torture. They have seen or experienced many horrors. Refugees are not willing like other immigrants to enter and stay in Canada. Instead, they are forced to flee from their countries.
Sponsoring RefugeesThe Private Sponsorship of Refugees Program provides that eligible sponsors may help refugees from abroad who qualify to come to Canada. A sponsor’s primary role is to support the refugees with housing, clothing, food, as well as social and emotional support. The following sponsors are eligible to sponsor refugees from abroad: sponsorship agreement holders, groups of five, community sponsors, or private sponsors and the Government of Canada work together to support a refugee. These sponsors can only sponsor an applicant who already has refugee status.
Refugee Claims in CanadaRefugees who already have arrived in Canada may be eligible to claim protection if they fear persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion or would be in danger if they had to leave Canada. Dangers may include torture, a risk to life, or a risk of cruel and unusual treatment or punishment. Refugees can make an asylum claim in Canada at a port of entry or at an inland Canada Border Services Agency or Immigration, Refugees and Citizenship Canada office.
Interim Federal Health Program (IFHP)Resettled refugees, protected persons in Canada, and refugee claimants are eligible for the Interim Federal Health Program (IFHP). IFHP provides limited, temporary coverage of health-care benefits for resettled refugees, protected persons in Canada, and refugee claimants if they don’t have provincial, territorial, or private health-care coverage. IFHP provides basic, supplemental and prescription drug coverage. Refugee claimants waiting for a decision and ineligible refugee claimants can also benefit from IFHP coverage of the cost of one Immigration Medical Exam.
Permanent Resident Status
Permanent resident status is given to a person who immigrated to Canada but is not a Canadian citizen. Permanent resident has the right to social benefits that Canadian citizens receive, including health care coverage, live, work or study anywhere in Canada, apply for Canadian citizenship, protection under Canadian law and the Canadian Charter of Rights and Freedoms.
Understanding of PR StatusPermanent resident status is granted to a person who immigrated to Canada under one of the federal or provincial immigration programs. However, a permanent resident is not a Canadian citizen. A permanent resident of Canada is entitled to social benefits, can live, work, or study in Canada without restrictions, or apply for Canadian citizenship once eligibility requirements are met. At the same time, a permanent resident has obligations, such as to abide by the laws and regulations and pay taxes. A permanent resident of Canada must live in Canada at least two years in a five-year period. Otherwise, permanent resident status could be lost. A permanent resident of Canada can also voluntarily give up permanent resident status.
PR CardA permanent resident card is issued for five years and is required to return to Canada by plane, bus, boat or train. A permanent resident card is automatically issued to new immigrants (i.e., no need to apply for the one), however, could only be sent to the Canadian mailing address. So, new immigrants have to notify the Immigration, Refugees and Citizenship Canada about a new address in Canada (within 180 days from arrival). If a permanent resident is outside Canada with the expired permanent resident card, then this person has to apply for a permanent resident travel document to be able to return to Canada.
A person who immigrated to Canada and has Permanent Resident status in Canada (with no unfulfilled conditions), regardless of the age, can apply for citizenship. Permanent Resident must have been physically present in Canada for at least 1095 days during the five years right before the date of application. Some of time spent in Canada as a temporary resident or protected person can be counted towards physical presence.
Eligibility to Become a Canadian CitizenThere are eligibility requirements for a Canadian citizenship application. First, a candidate must have been a permanent resident of Canada and physically been in Canada for at least 3 of the last five years. Secondly, a permanent resident of Canada should not have been outside of Canada for more than a total of 730 days in the last five years. Also, a Canadian citizenship test should be taken, and language requirements and tax obligations must be met before a permanent resident can make a Canadian citizenship application.
Some people are not allowed to enter or stay in Canada because they have committed or been convicted of a crime in or outside Canada, have a serious health problem or financial problem, misrepresented in the application or interview, or have inadmissible family members. A temporary resident permit could be issued to an otherwise inadmissible person if a reason to travel to Canada is justified.
Reason for InadmissibilityEvery application to enter, stay or immigrate to Canada is considered by an immigration/visa officer through the prism of admissibility to Canada. The existence of some specified in the Canadian legislation grounds can make a person inadmissible to Canada. Amongst such reasons are past criminal convictions, criminal charges, security reasons, health grounds, financial reasons, inadmissible family member or misrepresentation on the immigration application in the past.
Overcome Criminal InadmissibilityA foreign national who committed or has been convicted of a crime in any country of the world is deemed criminally inadmissible to Canada. Some examples of crimes (minor and serious) are assault, theft, dangerous driving or driving while under the influence of drugs or alcohol, manslaughter, etc. Yonge offenders under the age of 18 years old are not criminally inadmissible. Even criminally inadmissible people could be deemed rehabilitated or apply for rehabilitation, be granted a record suspension or a temporary resident permit. In any of these cases, a person overcomes criminal inadmissibility.
Canada has much to offer. Therefore hundreds of foreign investors have set up plants and operations here. Business immigrants include entrepreneurs, investors, and self-employed persons. There are business immigration programs for independent artists, sportspersons, farmers, for business start-ups that have received support from designated organizations in Canada, IIVCPP, and provincial programs.
Federal Business Immigration ProgramsFederal Government of Canada currently offers to foreigners three business immigration programs. Under the Self-Employed Persons Program, a candidate has to show that he or she has been self-employed and is intended to become self-employed in Canada in cultural activities, athletics, or through managing a farm. Under the Start-up Visa Program, entrepreneurs who developed an innovative business idea, supported by the Canadian designated institution, and have the skills and potential to build a business in Canada may apply to become permanent residents of Canada. International investors with a personal net worth of CDN $10 million or more, the skills and abilities needed to contribute to the Canadian economy and integrate into Canadian society, and who are able to make an at-risk investment (non-guaranteed) of CDN $2 million in the IIVC Fund for approximately 15 years may be eligible to apply for permanent residence under the Immigrant Investor Venture Capital (IIVC) Pilot Program.
Provincial Business Immigration ProgramsA foreign national can also immigrate to Canada under the provincial business immigration programs. Canadian provinces/territories can nominate immigrants through the Provincial Nominee Programs (PNPs). Candidates must want to live in the specific Canadian province and have the funds, skills, education, and business work experience to contribute to the economy of that province/territory. Each Canadian province/territory has its investor, entrepreneur, and farm investor streams and selection criteria/requirements for each stream. There are three main criteria under which provinces select their business nominees. These are personal net worth, relevant business experience and amount of investment. There are also other criteria such as education, language ability, etc.
If your application to come or immigrate to Canada has been refused by IRCC, you can re-apply again at any time. There is no formal appeal process if your request for a temporary resident visa is refused. However, you have an option for a judicial review at the Federal Court of Canada. Rules and procedures for appeals if your application for a permanent resident is refused varies depending on the type.
Temporary Residents RefusalsGet to know more about temporary residents’ refusals and their peculiarities. Also, find out the main grounds for ineligibility and reasons for it.
Refusals at the Port of EntryLearn what refusals at the port of entry are and what peculiarities they have. Also, find out the general grounds for refusals.
Options After RefusalDon't panic. Immigration or visa refusals could happen for different reasons. Sometimes, the immigration or visa officer can make a mistake of law or fact. In other cases, you might be inadmissible, or a decision maker breached the procedure. You can still ask for reconsideration, appeal of immigration decision or reapply!