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Temporary Resident Pathways
Work permit
To work legally in Canada, obtaining a work permit is essential. There are various programs through which one can qualify for a work permit, each with its specific requirements and eligibility criteria.
For instance
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The Post Graduation Work Permit (PGWP) is available to individuals who have successfully completed a diploma, certificate, or course at a designated learning institution, provided they meet all eligibility criteria.
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The Bridging Open Work Permit (BOWP) is an option for those whose permanent residency application is in progress and whose work permit has expired. Eligibility for BOWP is contingent upon meeting all necessary requirements.
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Spouses of students or work permit holders can apply for an open work permit if they meet the prescribed requirements.
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Requirements for work permit
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Demonstrate to an immigration officer your intention to depart Canada upon the expiration of your work permit
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Provide evidence of adequate financial resources to support yourself and your family members while in Canada and for your return journey
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Abide by Canadian laws and have no history of criminal activity (you may be required to furnish a police clearance certificate)
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Positively demonstrate no threat to Canada’s security
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Undergo a medical examination if necessary and maintain good health
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Commit to not working for an employer marked as "ineligible" on the list of non-compliant employers
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Ensure no intention to work for an employer involved in adult entertainment or related services
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Furnish any additional documents requested by the officer to establish your admissibility into the country
Study permit
Canada has some of the world's leading universities, making it an ideal choice for international students seeking academic excellence and a pathway to a successful career in a diverse and inclusive cultural environment.
To begin this journey, prospective international students must secure a study permit for programs lasting longer than six months. Eligible individuals who are enrolled in or have received an offer letter from a Canadian educational institution can apply for a study permit to pursue their educational goals in Canada.
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Requirements of study permit
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Letter of Acceptance - You must have an acceptance letter from a designated learning institution (DLI) in Canada. This letter should outline the details of your program of study, including the start date, duration, and any conditions of acceptance.
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Proof of Sufficient Funds - You need to demonstrate that you have enough money to cover your tuition fees, living expenses, and return transportation to your home country. This may include bank statements, proof of scholarships or funding, or a letter of financial support.
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Good Health - You may be required to undergo a medical examination to prove that you are in good health and admissible to Canada. This requirement varies depending on your country of origin and the length of your intended stay.
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Police Clearance Certificate: You may need to provide a police clearance certificate or similar documentation to prove that you have no criminal record. This is to ensure that you do not pose a security risk to Canada.
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Intent to Return Home - You must convince the immigration officer that you intend to return to your home country after completing your studies in Canada. This may involve demonstrating strong ties to your home country, such as family relationships, employment prospects, or property ownership.
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Valid Passport - You must have a valid passport for the duration of your intended stay in Canada.
Visitor visa
Obtaining a visitor visa can be challenging due to the high refusal rate, with one in four applications being rejected. Common reasons for refusal include incomplete or incorrect information, and poor documentation. To avoid risking your application, it's recommended to seek professional advice to ensure it's completeness and accuracy. Remember, a refusal doesn't necessarily mean you'll never get approved.
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Requirements of visitor visa
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Valid Passport - You must have a valid passport for the duration of your intended stay in Canada. Ensure that your passport has at least one blank page for the visa stamp.
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Letter of Invitation (if applicable) - If you are visiting family or friends in Canada, you may need a letter of invitation from your host. This letter should include details such as your relationship to the host, the purpose of your visit, and the duration of your stay.
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Proof of Funds - You need to demonstrate that you have enough money to cover your expenses during your stay in Canada, including accommodation, transportation, and living expenses. This may include bank statements, proof of employment, or a letter of financial support.
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Travel Itinerary - Provide a detailed travel itinerary, including your intended dates of arrival and departure, as well as any planned activities or destinations within Canada.
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Intent to Return Home - Convince the immigration officer that you intend to return to your home country after your visit to Canada. This may involve demonstrating strong ties to your home country, such as family relationships, employment, or property ownership.
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Medical Examination (if required) - Depending on your country of origin and the length of your intended stay, you may be required to undergo a medical examination to prove that you are in good health and admissible to Canada.
Super visa
This visa lets parents and grandparents visit their children and grandchildren in Canada. The best part of this visa is it lets you stay for 5 years at a time.
To be eligible under this, you need to have a host:
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who is your child or grandchild
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is 18 years or older and lives in Canada
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is a permanent resident, Canadian citizen, or has an Indian status
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Meets minimum necessary income
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Signs a letter of invitation
What you need to do to apply?
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Get health insurance
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Clear medical examination
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You must be outside Canada
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Must be admissible to Canada
What your sponsor need to do?
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Provide a letter of invitation
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Meet minimum necessary income requirements according to the family size
Permit extension
If you're currently residing in Canada under a temporary permit and wish to extend your stay, you may be eligible for a permit extension. Whether you're here for work, study, or other temporary purposes, extending your permit allows you to continue enjoying the opportunities and experiences that Canada has to offer.
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Important things to keep in mind
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It's crucial to submit your application for permit extension before your current permit expires to avoid any interruptions in your status in Canada.
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Ensure that you provide accurate and complete information in your application to prevent delays or potential refusal.
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If your permit extension application is approved, you will receive a new permit with an extended validity period. Make sure to comply with all the conditions outlined in your new permit.
Reconsideration
If you think you have received a refusal on your application due to a factual or legal error by the visa officer, it is recommended you file a request for reconsideration. IRCC has the discretionary authority to alter the decision they made earlier. If you have new information or evidence which was not available at the time of your original application, you can provide that in reconsideration request.
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Understand the reasons for refusal
Before proceeding with a reconsideration request, carefully review the refusal letter provided by IRCC. The letter typically outlines the reasons for the refusal, which may include insufficient documentation, concerns about eligibility criteria, or issues related to admissibility.
Gather additional information
Identify any gaps or concerns highlighted in the refusal letter and gather additional information or documentation to address them, including requesting GCMS notes. This may include updated financial records, letters of support, clarification on employment or educational history, or any other relevant evidence that strengthens your case.
Write a reconsideration letter
Compose a clear and concise reconsideration letter addressed to the appropriate IRCC office. In your letter, acknowledge the reasons for the initial refusal and provide a detailed explanation of how you have addressed or rectified the concerns raised. Clearly outline any new information or documentation you are submitting as part of your reconsideration request.
Submit supporting documents
Include all supporting documents referenced in your reconsideration letter, ensuring they are properly organized and clearly labeled. This may include updated application forms, financial statements, educational transcripts, employment records, or any other evidence relevant to your case.
Submitting the reconsideration request
Follow the instructions provided by IRCC for submitting reconsideration requests. This may involve submitting the request electronically through the web form or email. Ensure that you include all required forms and fees, if applicable, with your submission.
Wait for a response
Once you've submitted your reconsideration request, allow IRCC sufficient time to review your case. Processing times may vary depending on the complexity of your situation and the volume of requests received. You may receive updates on the status of your request through email or the IRCC online portal.
Consider alternative options
While awaiting a decision on your reconsideration request, you may explore alternative immigration pathways or options for addressing any concerns raised in the initial refusal. This could involve pursuing appeals or judicial reviews, or exploring other immigration programs for which you may be eligible.
Labour Market Impact Assessment (LMIA)
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LMIA is a document that is needed by an employer in Canada to hire a foreign worker.
What does Positive LMIA mean?
It means that a foreign worker is needed to meet labour shortage for a job for which no Canadian worker or a permanent resident worker is available. A positive LMIA is issued only if an assessment shows that employing a foreign worker will have a positive and neutral impact o the Canadian labour market.
How to get LMIA?
LMIA is given by Employment and Social Development Canada (ESDC). LMIA applications can be submitted up to 6 months prior to the expected job start date. The LMIA application process depends on the type of program the employer wants to hire a foreign worker:
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High-wage worker
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Low-wage worker
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Seasonal agricultural worker program
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Agricultural stream
Employers submitting LMIA applications must comply with the following requirements:
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Processing fees
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Business legitimacy documents
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Transition plan
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Recruitment and advertisements
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Wages should be similar to wages paid to Canadian and permanent resident employees.
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Job duties and working conditions.
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Health insurance
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Workplace safety
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Housing and transportation
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Employment agreement
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Language of work
How can you hire without an LMIA?
International mobility program allows employer in Canada to hire temporary foreign workers without an LMIA. If an employer hires through this program, they need to pay an employer compliance fee and submit an offer of employment form through the employer portal.
Need help with temporary resident pathways? Contact us at MS Law Offices.