Disclaimer: We’ve gathered some advice on temporary resident visas in Canada to help you plan. We are not immigration professionals. We highly recommend seeking a professional opinion on all immigration issues. You can do so by calling CIC or by arranging a free assessment with an immigration lawyer or consultant.
Temporary Resident Visa in Canada
You can apply for a temporary resident visa in Canada if you’re already in Canada and you need to correct problems with your status. You have two options:
- Change your status to visitor.
- Apply for a work permit extension (only applied to those who have an LMO or residency application).
Change your status to visitor
This is useful for those awaiting second-year working holiday visa (IEC) applications. You can change status in Canada to visitor status if it looks like your current visa will expire prior to your new visa being issues. It’s typically a 90 day period. You may, however, get 180 days as it is at the discretion of border officers. It is crucial that CIC receives your application for temporary resident visa for Canada prior to the expiry of your work permit. You are not permitted to work in Canada when on visitor status.
It is not advisable to stay in Canada without changing your status to visitor via a temporary resident visa. Do not attempt to work in Canada without a valid work permit. This offense can seriously damage any future visa applications and will also result in a fine for your employer.
Apply for a work permit extension
This is applicable to those who have a LMO or residency applications in process and need to extend their work permit to bridge the gap. See also Bridging Open Permits, which is available for some Federal Class residency applications.
Implied Status in Canada
When you apply for a temporary resident visa in Canada, you will gain implied status if you are successful. By definition, implied status means that you have legal status in Canada while you are awaiting feedback from Immigration Canada on your application. Implied status does not mean that you can continue to work beyond your work permit expiry. This is wholly illegal and will damage future residency applications and result in your employer receiving a fine. You should cease working immediately once your work permit expires. “Implied status” is available to those who have applied to change their status in Canada (IEC, PNP, FSW, CEC). Making an application to extend your IEC visa does grant you implied status until the point your application is rejected. You can have your work permit extended but you need to have received a positive response from your LMO application or residency application only. Here, the visa extension will include an LMO/PNP/CEC/FSW reference number and the applicant will gain a work permit to fill the gap until their application is fully processed.
Implied Status – Temporary Residents
As a temporary resident, if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a temporary resident until a decision is made on the application. This is known as implied status. If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.
How to apply for a Temporary Resident Visa in Canada
You can apply online. It is recommended that you apply the day prior to your work permit expiring if you want to maximize your work permit.
Ensure that you apply for a Temporary Resident Visa before your visa expires.
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