Temporary Residence

Temporary Residence

There are 5 basic ways to come to Canada on a temporary basis:

  • Visitor Permit
  • Work Permit
  • Student Permit
  • Temporary Residence Permit
  • Start-up Visas for Entrepreneurs

Visitor's Permit

Visitor Permits allows tourists to visit Canada for the purpose of tourism and leisure. Not every visitor requires a Temporary Resident Visa (TRV) or Electronic Travel Authorization (ETA). The requirement of obtaining a TRV depends on an individual’s country of citizenship and the list of countries and requirements change regularly. Therefore, it is essential to comply with the most current requirements to avoid any delays or rejection of your TRV application.

Work Permit

For foreign nationals, most types of employment within Canada require a work permit. However, a work permit is not a visa, it does not give you the right to board your flight to Canada. Along with your permit, you need an Electronic Travel Authorization (eTA) to fly to Canada. The work permit is only valid for a certain period of time, usually one year, after which it can be renewed. An application for permanent residence is sometimes available to be made, or the foreign nationals will be required to return to their country of nationality at the expiration of the permit. It is important to note that there are certain professionals who are exempt from this process such as religious workers.

In general, there are two types of work permits that allows you to work in Canada.

Open Work Permit

This temporary work permit allows you to work for any employer in Canada and may include self-employment. You can apply for an open work permit as long as your employer is not listed on the ineligible list of non-compliant employers or is an employer who regularly offers striptease, erotic dance, escort services or erotic massages.

Employer - Specific Work Permit

This temporary work permit allows you to work according to the conditions on your work permit. This must include the name of the qualified employer you plan to work for, the duration of your employment, and the location where you can work (if applicable).

New entry requirement now in effect:

  • If you are from a visa-exempt country and received your work permit before August 1,2015, you will need to apply for an eTA if you leave Canada and return by air
  • If you received your initial permit on or after August 1, 2015 you were automatically issued an eTA along with you permit
  • If you renew a work permit, an eTA is not automatically renewed or issued to you. You need to apply for one separately

Student Permit

A study permit is a document that allows foreign nationals to study at designated learning institutions (DLI) in Canada. Most foreign students are required to obtain study permits before they can engage in a course of study in Canada. An applicant must present an acceptance letter from a DLI in Canada, demonstrate that they have sufficient financial resources to cover tuition and living expenses without the need to seek employment. A medical examination may be required before a study permit can be issued. In addition to that, the applicant must satisfy a visa officer that they will return home at the end of their studies as well as meet other requirements for visitors, including obtaining a visa, if necessary.

Certain types of study are exempted from the requirement of obtaining a study permit. For example, if the duration of the course or program of studies is six months or less and will be completed within the period for the stay authorized upon entry into Canada, a study permit is not required.

Furthermore, every minor child in Canada who is a dependent of a foreign national authorized to work or study in Canada may attend pre-school, primary or secondary school without the need for a study permit. This is an allowance made by Section 30(2) of the Immigration and Refugee Protection Act.

To apply for a post-graduate work permit (includes part time and self-employment), one must have been engaged in full-time studies at a university, community college, publicly funded trade/technical school or at a private institution authorized by provincial statute to confer degrees.

In order to study in Canada, you will need to obtain a Canadian study permit called a Canadian student visa for the duration of your stay. A Canadian study permit is not necessary if your program lasts six months or less. Once you have a Canadian study permit, you can apply to renew it from within Canada if you decide to stay in Canada and continue your studies.

Temporary Resident Permits

If an individual is inadmissible to Canada on medical or criminal grounds or does not otherwise comply with the Act or Regulations, they may apply for a Temporary Resident’s Permit (formerly known as a “Minister’s Permit”). The Minister only grants these in deserving cases. Please contact our firm directly for assistance.

Start-up Visas for Entrepreneurs

This program targets immigrant entrepreneurs with the skills and potential to build innovative businesses in Canada that can create jobs for Canadians and compete on a global scale.

To be eligible you must:

  • Prove your business is supported by a designated organization
  • Show that your business meets the ownership requirements
  • Meet the language requirements and
  • Bring sufficient settlement funds

For further information on whether your business can qualify under this program, please contact our office

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