Canadian Immigration Status Extension Guidelines
Canadian Immigration Status Extension Guidelines

Canada is the world’s second-largest country, with an abundance of beautiful landscapes and specific sites for travelers to explore. The demand for Canadian visa applications has steadily increased in the last few years. With people applying for Canadian Business Visas, Tourist Visas or TRV (Temporary Resident Permit), Work visa sponsorship Canada (Work Permits), Study Permits, BOWP (Bridging Open Work Permits), work permit for spouse in Canada, which is known as Spousal Open Work Permit (SOWP).

If you are in Canada with a visitor status that is about to expire, you must know how to extend it if you wish to extend your stay.

As a general rule, visitor visas allow foreigners to remain in Canada for up to six months legally. It is determined by the Canadian Consulate or the Border Services Officers (BSO). This Temporary Visa can be a single entry or multiple entries. At the end of these six months, the visitor’s legal status expires, and they must leave Canada. Suppose you are considering extending your stay in Canada beyond the specified period. You will be required to apply for IRCC or Immigration, Refugees, and Citizenship Canada while your visitor visa (TRV or Temporary Resident Visa) is still valid. 

  • Extending Temporary Resident Visa: By keeping a check on their temporary resident status, individuals can apply for an extension before their visa expires. We recommend that applicants carry out this extension application process at least 30 days before the visa expiry.
  • Work Visa Sponsorship in Canada (Work Permits): Canadian work permits are classified into two broad categories that require a positive or neutral Labor Market Impact Assessment (LMIA) and LMIA exemption. An LMIA is meant to show to the Canadian government authorities the genuine need for a foreign worker to fill a vacant position. The employer needs to do the LMIA process. Once Employment and Development Services Canada (EDSC) submits a positive or neutral LMIA report to the employer, they get a copy of the confirmation letter from the employer.

    The foreign nationals then apply for a work permit from Immigration, Refugees, and Citizenship Canada (IRCC). If one needs to apply for an extension of the work permit or change the conditions, you can apply online, and the processing time is 96 days. You must apply for this work permit extension30 days before the expiration of your current work permit. Extension of your work permit beyond the expiry date of your passport is not allowed. Hence, it is vital to ensure that your passport won’t expire before the requested end date of your permit. Once your application is approved, you will:

    – Either get a new work permit specifying the new conditions of your work. Or
    – An extension to your existing work permit
  • Extension of Study Permits: The Study Permits allow international students to live and study in Canada for a specific period depending on the application and other essential factors. The visa may have restrictions on the duration of stay, level of studies, permission to work, etc. During the course, the applicant gets an option to work part-time during the academic session and full-time during scheduled breaks. An acceptance letter from Designated Learning Institution (DLI) is required for applying for a Study Permit. Once you finish your program, can extend your stay in Canada through the PGWP (Post Graduate Work Permit), if you fulfill the eligibility criteria. 
  • Work Permit for Spouse in Canada- Spousal Open Work Permit (SOWP): Your spouse/partner can apply for a Canadian work permit before or after arriving in Canada. The permit will usually be issued for the same length of time as your study/work permit. The processing time can vary from four to five months, depending on where and when you have submitted your application. Your spouse or common-law partner can get an open work permit, thereby enabling them to accept any job with any employer. Alternatively, your spouse or common-law partner must apply for a work permit for a specific employer. The employer may have to get a Labor Market Impact Assessment (LMIA) to hire an individual for a particular role. The applicant must meet specific eligibility criteria, such as having a work permit valid for six months after their open spousal work permit is received. There are also further program-specific criteria that one must meet depending on the temporary foreign worker’s situation.

    Spouses of international students may also be able to apply for an open work permit if they can prove to the government that they are involved in a genuine relationship. In addition, they must also prove that their spouse is an international student enrolled in an eligible program in Canada.
  • The Bridging Open Work Permit (BOWP): It allows foreign nationals in Canada to continue working beyond the expiry date of their temporary status. An Acknowledgement of Receipt (AOR) from IRCC is required to get the BOWP approved. The following parameters need to be met to be eligible for a BOWP.

    1) The foreign national is currently residing in Canada after being authorized to enter as a temporary resident;
    2) The foreign national:
    A) Has valid work permit, OR
    B) Has maintained status and permission to work in Canada under section 186(u) of the Immigration and Refugee Protection Regulations (IRPR) due to applying to renew their existing work permit under subsection R201(1), OR
    C) They are eligible to restore their status of temporary resident with authorization to work on a work permit
    3) Has submitted an Application for Permanent Residence (APR) as the principal applicant under one of the following programs:
  • Federal Skilled Worker Program
  • Canadian Experience Class
  • Federal Skilled Trades Program
  • Provincial Nominee Program
  • Quebec Skilled Workers
  • Agra-Food Pilot Program

Conclusion:

Whether you are traveling to Canada as a tourist or student, applying for work visa sponsorship (work permit), a work permit for spouse, or business matters, you must carefully select the most appropriate category that has been designed by the Canadian Ministry of Citizenship and Immigration to provide you with an appropriate visa. It is essential to select the best immigration consultants who have complete knowledge about Canada’s laws, policies, and visa regulations, making them competent enough to handle your Canada immigration visa procedures thoroughly and professionally.

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