- 1 Ways To Extend Your Temporary Stay In Canada
- 2 Who are Temporary Residents in Canada?
- 3 Best Ways to Extend Your Temporary Stay
- 4 Temporary Visa: The Application Process
- 5 Duration for Application to be Processed
- 6 The Last Step of the Application Process
- 7 Conclusion
- 8 Other Related Article;
Ways To Extend Your Temporary Stay In Canada
Canada is a beautiful country that attracts a significant number of temporary residents every year. Whether you are visiting for work, study, or leisure, it is essential to know the available options to extend your stay. Fortunately, the Canadian government provides temporary residents with various alternatives to extend their stay while they await permanent residency.
In this article, we will explore the top ways to extend your temporary stay in Canada. Whether you are looking to continue your studies, work, or simply enjoy your time in Canada, we’ve got you covered. So, read on to learn more about the options available to you to extend your stay in Canada.
Who are Temporary Residents in Canada?
Temporary residents in Canada are individuals who are not Canadian citizens but are legally allowed to visit Canada for a limited period. These individuals could be foreign workers, tourists, or international students who come to Canada for various reasons such as work, study, or leisure.
Foreign workers are individuals who come to Canada to work temporarily, usually for a specific employer or for a specific job. Tourists are individuals who visit Canada for short-term stays for the purpose of leisure, sightseeing, or visiting family and friends. International students are individuals who come to Canada to study at a Canadian educational institution.
Temporary residents in Canada have legal status for a limited period and are required to follow certain rules and regulations during their stay. It is essential for temporary residents to know their options to extend their stay in Canada if needed.
Maintained Status in Temporary Residency
Maintained Status, formerly known as Implied Status, is an option available to temporary residents in Canada while they wait for a decision on their application for a temporary visa extension or a new application for permanent residency.
This status is legally binding, which means that individuals who are waiting for their temporary residency status to get extended are legally bound with a Maintained Status. This status is valid until a final decision is made on the extension of their temporary visa.
For all temporary residents in Canada, there is an option to keep a Maintained Status. This means that when individuals apply for a fresh application for permanent residency, they don’t have to leave the country in case of documents’ expiry.
Temporary foreign workers and visitors can prolong their stay in Canada under the same conditions as in their previous permit. This allows them to continue working or studying in Canada.
- The Bridge Open Work Permit (BOWP) is a good option for individuals who have applied for permanent residency but their document’s validity is going to expire soon. With the BOWP, individuals can continue to work in Canada while they wait for their permanent residency application to be processed.
- The Post Graduate Work Permit (PGWP) cannot be extended or renewed. However, individuals with a PGWP have the option to apply again through another work permit.
- The Temporary Resident Visa (TRV) is not the preferred choice for individuals looking to extend their stay in Canada because it does not include a work or study permit option. However, a TRV does make an individual eligible to apply for a Visitor Record, which allows them to stay in Canada for more than a period of six months, but without the work or study permit option.
Best Ways to Extend Your Temporary Stay
1. Work Permit with LMIA
If you are a temporary foreign worker in Canada and your current work permit is about to expire, you may want to explore the option of extending your stay through a work permit with Labour Market Impact Assessment (LMIA). LMIA is usually required from the employer, and it proves that there is an urgent and genuine requirement for foreign labour for an unfilled vacancy. Once the Employment and Development Services Canada (EDSC) issues a letter confirming this, the employer sends the copy of the letter to the worker, which then permits the worker to apply for a work permit.
There are different processes of LMIA that are implemented due to labour scarcity, and one of them is the Global Talent Stream (GTS). GTS is used to process the LMIA faster, and tech occupation employers can continue without having to deal with the LMIA’s advertising needs. Quebec also has specific occupations that follow the fast-paced LMIA process.
Getting a work permit with LMIA can be a good option to extend your temporary stay in Canada as it allows you to continue working in the country legally. However, keep in mind that this option requires the employer to go through a process, and it may not always be feasible.
2. Work Permits Exempt from LMIA
If you are a temporary foreign worker in Canada and want to extend your stay, one of the best ways to do so is by applying for a work permit exempt from LMIA. LMIA stands for Labor Market Impact Assessment, and it is a process that Canadian employers need to follow to hire foreign workers.
The LMIA exempt work permit category is associated with temporary foreign workers who have job postings matching an exemption code of LMIA. Once the employer pays a compliance fee and submits an employment offer through IRCC’s portal, they can hire labour that is exempt from the LMIA procedure.
The main advantage of LMIA exempt work permits is that they are processed to support Canadians in terms of social, economic, and cultural benefits. This category of work permits is particularly relevant for reciprocal employment and benefit situations where Canada agrees to exchange labour or workers with other countries. As a result, LMIA exempt work permits support open work permits, including those under categories such as free trade agreements, CUSMA, CETA, and IEC (International Experience Canada).
3. Proceeding With Study Permits
If you are an international student looking to extend your temporary stay in Canada, pursuing a study permit can be an excellent option. A Designated Learning Institute (DLI) must accept you and provide an acceptance letter that you can use for a Canadian study permit.
A study permit allows you to study full-time at a designated learning institution (DLI) in Canada. Once you complete your studies, you can apply for a Post-Graduation Work Permit (PGWP) and gain valuable work experience in Canada. You may also be eligible for other available options for international students applying for permanent residency.
To be eligible for a study permit, you must first apply to a designated learning institution in Canada and obtain an acceptance letter. The institution must be on the list of designated learning institutions approved by the Canadian government.
Once you have received the acceptance letter, you can apply for a study permit through the Immigration, Refugees, and Citizenship Canada (IRCC) website. You will need to provide documentation such as proof of acceptance, financial support, and a valid passport.
It is important to note that you must remain enrolled and actively studying at your DLI to maintain your status as a student and your study permit. If you complete your studies early or drop out, you may need to leave Canada or apply for a new status.
4. PGWP- An option for international graduates
PGWP (Post Graduate Work Permit) is a type of work permit that is available to international students who have graduated from a designated learning institution in Canada. PGWP allows these graduates to work in Canada after their studies have been completed.
PGWP is an open work permit, which means that the permit holder can work in any occupation and for any employer of their choice. The permit is valid for a specific duration, typically from 8 months to 3 years, depending on the length of the study program completed by the international graduate.
To be eligible for PGWP, the international student must have completed a study program that is at least 8 months long and within 2 years. For example, if a student has completed a 1-year study program, they will be eligible for a work permit of 1 year. However, if they have completed a 2-year study program, they will be eligible for a work permit of 2 to 3 years.
PGWP is an excellent option for international graduates who wish to extend their stay in Canada after completing their studies. With a PGWP, they can gain valuable work experience in Canada, which can help them in their future endeavours, such as applying for permanent residency.
5. BOWP- Permanent Residency
If you are an applicant who has applied for permanent residency in Canada and your temporary status is about to expire, you may be eligible to apply for a Bridge Open Work Permit (BOWP). This permit allows you to extend your stay in Canada until a final decision is made on your application for permanent residency.
To be eligible for a BOWP, you must have already applied for permanent residency in Canada and be in possession of a valid temporary work permit that is set to expire within the next four months. You can apply for a BOWP through several programs, including the Provincial Nominee Program, Canadian Experience Class, Agri-Food Pilot Program, Federal Skilled Worker Program, Quebec Skilled Worker Program, and Federal Skilled Trades Program.
The Canadian Experience Class is a program that consists of eligible foreign workers who have never had an opportunity to apply for permanent residency. To receive a BOWP through this program, you must have applied for permanent residency under the Canadian Experience Class and have received an acknowledgement of receipt from Immigration, Refugees, and Citizenship Canada (IRCC).
The BOWP allows you to work for any employer in Canada while you await a final decision on your application for permanent residency. This option provides a great opportunity for those who wish to stay in Canada and obtain permanent residency.
6. Spousal Open Work Permit (SOWP)
If you are an international student or a foreign worker in Canada, and your spouse or common-law partner is accompanying you, they may be eligible for a Spousal Open Work Permit (SOWP). The SOWP allows your spouse or partner to work for any employer in Canada while you study or work.
There are different eligibility criteria for different types of applicants. For in-land applicants, who apply for sponsorship while staying in Canada, a SOWP can be advantageous. Temporary foreign workers must hold a valid work permit of 6 months to be eligible for a SOWP.
See also: Process of Spousal Sponsorship in Canada
Foreign workers need to have current work experience in NOC skill type (O, A & B), have an occupation through the Atlantic Immigration Program (AIP), have an occupation under PNP, or have a Quebec Selection Certificate with an occupation. If an international student has a spouse who is interested in applying for a SOWP, the spouse will need to prove the authenticity of their relationship with the international student and show that the student is part of an eligible program.
Temporary Visa: The Application Process
If you are considering extending your temporary stay in Canada, you will likely need to apply for a temporary visa extension. Here are some important steps to keep in mind during the application process:
- Submit all essential supporting documents and relevant personal details: To apply for a temporary visa extension, you will need to provide all the necessary supporting documents, such as your passport, travel history, proof of financial support, and more. Additionally, you will need to provide relevant personal details such as your name, contact information, and reasons for staying in Canada.
- Ensure timely fee payment: When submitting your application for a temporary visa extension, it is important to ensure that you pay all the required fees on time. Fees may vary depending on your circumstances and the type of extension you are applying for.
- Apart from you, your family members who wish to apply need to do so separately: If you have family members who wish to extend their stay in Canada as well, they will need to apply for a separate extension. Each application will be evaluated independently based on its own merits.
Duration for Application to be Processed
After submitting your application for a temporary visa extension, the next question that comes to mind is how long it will take for the application to be processed. It is important to note that the processing time varies depending on the number of applications received by the government of Canada at that particular time.
The Immigration, Refugees and Citizenship Canada (IRCC) will check your record, which is the first step towards the processing of your application. The time taken for this largely depends on the number of applications they have received. However, the government of Canada has made provisions to ensure that applicants can check the absolute application status by visiting the official website of the government of Canada.
It is advisable to apply for a temporary visa extension at least 30 days before the expiration of the current visa to avoid the risk of being in Canada illegally.
The Last Step of the Application Process
If you’re looking to extend your temporary stay in Canada, it’s important to understand the application process and what to expect in the final stages. Once you’ve submitted your application, there are three possible outcomes: acceptance, rejection, or the need for restoration.
If your application is accepted, you’ll receive a new expiry date for your extension document. This means you can continue to stay in Canada legally until that date. However, if your application is rejected, you’ll need to re-apply for restoration within 90 days starting from the date of rejection. During this time, you will lose your right to work or study in Canada, and you must be present in Canada to apply for restoration.
It’s important to note that if your temporary status has already expired, you will need to apply for restoration immediately. Waiting too long could result in being deported from Canada. The restoration application process is similar to the initial application process, and you’ll need to provide all necessary documents and pay the required fees.
To check the status of your application, you can visit the official website of the Government of Canada. However, the time taken for the application to be processed largely depends on the number of applications they have received. If you haven’t heard back within a reasonable timeframe, you can contact the IRCC for an update.
There are several ways to extend your temporary stay in Canada, such as applying for a study permit, a Post-Graduate Work Permit, a Bridging Open Work Permit, or a Spousal Open Work Permit. However, it is important to keep in mind that each option has its own eligibility criteria and application process. Additionally, it is crucial to submit all required documents and fees on time and to keep track of the status of your application. If your application is rejected, you may still have the option to apply for restoration, but it is important to do so within 90 days and to be present in Canada. By following the guidelines and requirements for each option, you can legally prolong your stay in Canada and make the most out of your experience in this beautiful country.