Can a visitor work in Canada?

 

Dear Mrs Powell,

I took leave from my job to visit my aunt in Canada just before the lockdown. Shortly afterwards, I got an email from my boss saying that due to COVID-19, she had to lay me off. I was terribly upset but couldn’t leave. My aunt said she would be happy if I could stay longer with her and that I should contact you to see if it is possible to get a work permit or something to stay in Canada. Can a visitor get a work permit? How can I stay in Canada now? Hope to get a response soon.

– K.P.

Dear K.P.,

I am sorry to hear that you lost your job in your home country. However, do not despair as there could be many opportunities for you to extend your stay, get a work permit, or live permanently in Canada. The most critical thing is to ensure that you maintain your legal status.

Click link to complete our free online form to FIND OUT IF YOU QUALIFY TO COME TO CANADA. 

MAINTAINING LEGAL STATUS

When someone visits Canada, they are usually given a maximum of six months to remain in the country. If there are reasons or extenuating circumstances that require you to remain longer than that time, it is your duty to ensure that you apply online to extend your stay before the six months expire.

To visit Canada, you must have either used a visitor visa, an electronic travel authorisation, or have a valid passport from a visa-exempt country. If you want to remain in Canada legally beyond six months, you must apply for a visitor records, which allows you to stay longer. The document will have a new expiry date to indicate the new date by which you must leave Canada. You must apply for this document before your status expires or apply for restoration.

If you have been in Canada just before the lockdown in March, then you must consult directly with an immigration lawyer immediately to assist with an application to extend your stay so that you will not be considered to be breaking the immigration laws and jeopardise your ability to remain or return to Canada.

Click link to complete our free online form to FIND OUT IF YOU QUALIFY TO COME TO CANADA. 

TEMPORARY PUBLIC POLICY

Immigration Refugee and Citizenship Canada recently issued a temporary public policy whereby visitors who have maintained their legal status can apply for a work permit within Canada. This new policy came into effect on August 24, 2020, and will remain in effect until March 31, 2021.

You must first be able to show that you have a valid temporary resident status as a visitor, implied status, or proof that you have applied for extension of time to remain in Canada. Additionally, since you have been in Canada before August 24, 2020, and have remained there, then you may apply for a work permit if you have a valid job offer. I will outline below some options that you could consider.

Click link to complete our free online form to FIND OUT IF YOU QUALIFY TO COME TO CANADA. 

TYPES OF WORK PERMIT

Employer-specific work permit: If you have a valid job offer from an authorised employer, you may apply for a temporary authorisation to work in Canada for a specific period. The job offer must be a minimum of 30 hours per week. You must be able to show that you intend to work for a specific employer in an occupation that is listed in the employer’s Labour Market Impact Assessment (LMIA) report or have an LMIA-exempt job offer to submit with your application.

Some jobs do not need an LMIA report, and you should discuss this with your lawyer. These jobs are usually in the religious-charity sectors, or for some readers, if you have already been working full time for the same employer, on a work permit for at least one year, or worked part time for an equal amount of time, then your employer does not need to give you an LMIA report in support of the application to renew or extend the work permit.

Click link to complete our free online form to FIND OUT IF YOU QUALIFY TO COME TO CANADA. 

Study and Work Permit: You did not state your education, occupation, or work experience. However, you may be able to apply to stay in Canada as a student and be eligible to work on a part-time basis. If you apply for a study permit to pursue studies at one of the designated learning institutions, you do not need to apply for a separate work permit unless co-op work is an integral part of your studies. Many individuals opt to study as a pathway to remaining permanently in Canada, and this is an option worth exploring with your lawyer.

Express Entry: Depending on your background, you may be eligible to get permanent residence status in Canada under the Express Entry System. While this will not give you a work permit immediately, it is something you could consider as many skilled and professional foreign nationals have qualified under the Federal Skilled Worker programme, the Federal Skilled Trade programme, and the Canadian Experience Class and Provincial Nominee Programmes. You do not need to have a job offer to apply to live and work permanently in Canada under this system, and countless foreign nationals have been able to get permanent residence status in less than a year via this method.

You do not need a work permit to apply under the Express Entry System if you have the education, skill, and language proficiency in at least one of Canada’s official languages (English and French). You may sign up on my website at www.deidrepowell.com or schedule a telephone meeting for more information about these programmes.

Click link to complete our free online form to FIND OUT IF YOU QUALIFY TO COME TO CANADA. 

Family Sponsorship: With the support of your aunt, you may be able to apply for permanent residence under the Family Class Sponsorship. Your aunt may be able to sponsor an orphaned brother, sister, nephew, niece, or grandchild, provided they can meet certain conditions. This would be possible if she does not have any parents or grandparents alive and if she does not have any relatives in Canada who are Canadian citizens, permanent residents, or registered Indians.

Should you or your aunt require additional information, it may be useful to consult an immigration lawyer. The above should be used as a guide to start the discussion.

Click link to complete our free online form to FIND OUT IF YOU QUALIFY TO COME TO CANADA. 

Deidre S. Powell is a lawyer, mediator, and notary public with office located in Ottawa, Ontario, Canada. Connect with her via her website, www.deidrepowell.com, or connect with her via Facebook, Instagram, or T. You may also Call 613-695-8777.