I read one of your articles where you said that a visitor can get a work permit. I came to Canada to visit my sick mother; now she has recovered nicely, but I don’t want to leave her alone. I am a practical nurse and so I was looking online to see how I can convert my visitor’s visa to a work visa, but can’t see where to download the forms or where to send in an application. Can you guide me, please?
– A.I.
Dear A.I.,
There is a temporary policy in place where visitors can apply to extend their stay in Canada as workers. This policy is applicable to persons who have entered Canada before August 24, 2020, maintained your legal status, and can satisfy the criteria to received work permit.
This new policy is in response to the COVID-19 pandemic. In my last article on this topic, I highlighted the requirements and qualifying factors. The key requirement is that an applicant would need to be prepared to include proof of a Labour Market Impact Assessment (LMIA), or LMIA-exempt offer of employment, or a Quebec Acceptance Certificate.
The information can be found on the government of Canada’s website at www.Canada.ca. Your application must be submitted online through the Immigration Refugee and Citizenship Canada (IRCC) web portal, by clicking on the link relating to ‘Immigration and Citizenship’.
HOW TO APPLY
Every applicant is required to create a profile online and submit the required forms and documents. You may use www.cic.gc.ca as a shortcut to the required portal. Click the link ‘Sign in or create a profile’ and follow the steps to create a profile. When you have created a profile, you will be asked a series of questions that will take you to the required forms to be completed. You must submit accurate information to ensure that your application is completed successfully.
There will be a series of questions to answer so that a personal checklist can be created of all the documents you are required to submit with your application. When asked if any of the following applies to you, you will note that one of the options is, ‘I am applying for an open work permit under an active public policy or pilot program announced by IRCC’; your response should be ‘yes’.
Based on the answers you gave, you will be provided with a personal checklist of all the forms and documents you need to submit with your application.
MEDICAL REPORT
Some jobs require that you submit a medical report with your application. These jobs include health sciences worker, clinical laboratory worker, patient attendant in nursing or geriatric homes, medical student admitted to Canada to attend university, medical elective, and physician on short-term assignment, teacher of primary or secondary schools or other teachers of small children, domestic worker, someone who gives in-home care to children, the elderly, and the disabled and day-nursery worker.
If your job falls in the above category, you should contact one of the panel physicians listed on the government’s website to get an upfront medical report form, or you may request a medical examination form as a part of the application process.
After you have answered all the questions, you will be taken to a page that lists all the documents that you are required to upload. This is a personal list based on your answers to the questions. Download the required forms, then provide complete and accurate answers to the questions. Expect that you will get the ‘Application to change conditions and remain in Canada as a worker’ form, ‘Schedule 1’ form and any other form, based on your personal checklist.
You must have access to a scanner or camera to upload the required documents. Expect to upload a copy of your passport and all the stamped pages, proof of upfront medical or form request, digital photograph, according to specification, and other information such as a copy of the job offer and LMIA report. You will be required to submit the work permit application fee and work permit holder fee via credit card payment.
The above is a simple guide to how to apply to convert your status from visitor to worker. You should note that not all questions and steps are noted here, and so this should only be used as guide. It is important to submit the best possible application from the outset. So, if you have concerns about your application, I strongly recommend that you consult with an authorised immigration lawyer to assist you with the process. You should also contact a lawyer find out if you qualify to remain permanently in Canada.
Deidre S. Powell is an immigration lawyer in Ottawa, Canada. Contact her via www.deidrepowell.com, or call her at 613-695-8777. You may also connect with her via Facebook, Instagram and Twitter.
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