Temporary Status

A visa is a counterfoil or sticker placed in a passport or travel document which allows a foreign national to travel to Canada. A permit is a document which confirms that the foreign national is authorized to work or to study in Canada. One or both may be required. One cannot be a substitute for the other.

Am I eligible for temporary residency for Canada?

In order to determine your eligibility, immigration officers or visa officers may examine a number of factors to assess the likelihood that you will comply with the terms and conditions of your temporary stay, and whether you are eligible for the type or class of status or visa for which you have applied.

This may include assessing whether you are likely to leave Canada by the end of the temporary period authorized for your stay, whether you have sufficient funds to support your stay or afford a ticket to leave Canada, whether you have strong ties to your country of origin or permanent residence, including your current employment, job prospects and family ties, and whether you have a legitimate temporary purpose or intent, such as to tour, conduct business, engage in short term work, studies or other permitted activities in Canada. Other factors may also be considered by the visa officer.

Almost anyone can apply for temporary residency status or a temporary resident visa for Canada.  However, there are some exceptions, including persons who have been statutorily barred from applying, such as persons who recently made a refugee claim and are either awaiting a decision or were recently refused, persons who are required by the Immigration and Refugee Protection Act (IRPA) to apply for and obtain Authorization to Return to Canada (ARC) before applying for a visa, persons who have been found to have misrepresented on a prior application in the past 5 years, or, in the case of persons applying for temporary residency status in the worker class or student class, persons who have worked or studies without authorization in the past 6 months.

There are three types or “classes” of temporary residents: visitors, workers and students.

1. Visitors may be granted temporary residency status for the purpose of conducting business in Canada (B1 visitors) or for the purpose of tourism (B2 visitors).

B1 Business Visitor to Canada is a foreign national who has been granted temporary resident status in the visitor class for the purpose of conducting authorized business activities in Canada that are usually international in nature for which there is neither entry into Canada’s labour market nor wages paid nor commissions earned by the business visitor.

B2 Business Visitor to Canada is a foreign national who has been granted temporary resident status in the visitor class for the purpose of staying in Canada for purposes other than work or study that usually involve travel, vacation, visiting friends, visiting family, or some other tourist activity.

2.Workers may be granted temporary residency status for the purpose of engaging in work in Canada.

Work is considered any activity for which wages are paid or commissions are earned in Canada, or where a person’s activities compete or enter Canada’s labour market. If the foreign national is performing an activity that may take away a labour opportunity for a Canadian, that activity is consider work whether or not the foreign national was paid for that work. Volunteer work is still work, even if you are not paid. Working without authorization is prohibited under Canada’s immigration laws.

3. Students may be granted temporary residency status for the purpose of engaging in studies in Canada.

Interestingly, while Canada no longer defines “studies” or “student” in its Immigration and Refugee Protection Regulations, Canada controls the admittance of foreign nationals as temporary residents for the purpose of studying in Canada through the issuance of Study Permits.

A foreign national may not enter Canada to study without first obtaining a Study Permit. A Study Permit is a written authorization to engage in academic, professional, vocational or other education or training in Canada that is issued by an immigration officer to a foreign national. Therefore, a foreign national who has been authorized to engage in academic, professional, vocational or other education or training in Canada is an international student in Canada who has been authorized to study.

A foreign national is permitted to stay in Canada as a temporary resident for as long as they have been granted that term of stay by an immigration officer. It is up to the discretion of any immigration officer to limit, vary or cancel the length of stay of any temporary resident.

There are three classes of temporary residents:

• Visitors
• Workers
• Students

1. Visitors

A visitor is typically granted a temporary period of stay upon entry of 6 months. For a visitor to determine the length of the period authorized for their stay, a visitor may consult the stamp in their passport, or the written authorization given tot them called a “Visitor Record”.

If a Visitor did not receive an entry stamp nor a Visitor Record upon being granted entry, then the period authorized for their stay is that which they have been verbally granted by the immigration officer. If the immigration officer did not tell a visitor how long they are permitted to stay in Canada, a foreign national’s temporary residency status as a visitor will usually expire the earlier of 6 months from the date of entry or the date of expiry of their passport, with some exceptions.

2. Workers

A worker is typically granted a temporary period of stay for the duration of their offer of employment, provided that their offer of employment is for a temporary period usually no longer than 3 years, and provided that their passport would remain valid for the entire duration of their temporary stay.

If a passport is set to expire earlier than the term length of the foreign national’s job offer, an immigration officer may give a worker a Work Permit with an expiry date that is set to expire on the same date that the foreign national’s passport is set to expire.

3. Students

A student is typically granted a temporary period of stay for the duration of their course or program of study provided that their course or program of study is for a temporary period usually no longer than 4 years, that it is not a prerequisite of their program or course of study that they conclude English or French language training prior to commencing their program or course of study, and provided that their passport would remain valid for the entire duration of their temporary stay.

If a passport is set to expire earlier than the term length of the foreign national’s program or course of study, an immigration officer may give a student a Study Permit with an expiry date that is set to expire on the same date that the foreign national’s passport is set to expire.