There are a lot of temporary residents options that the Immigration, Refugees and Citizenship Canada (IRCC) offer immigrants even while waiting on a decision for permanent residency in Canada.
Take a look at the maintained status which allows temporary residents who apply for a new temporary status to stay in Canada when their documents expire before IRCC makes a decision.
Through maintained status, visitors, students and temporary foreign workers can stay in Canada on the same conditions as their previous permit until they hear about their new application.
The temporary residents that are applying for permanent residence in Canada and their documents are almost expired can go for the Bridging Open Work Permit (BOWP).
The Post-Graduate Work Permit is one of the temporary residences that cannot be extended or renewed but the workers with this type of work permit can apply for a different work permit.
The Temporary Resident Visa (TRV) doesn’t not allow students or workers to work or study and even if you will be eligible for a visitor record in Canada and allowed to stay in Canada longer than six months, you won’t still be able to work or study.
In this article, we will be showing you some ways you can in Canada and the benefits that come with them:
- Work Permits
The work permits in Canada is divided into two categories which are the ones that require a positive or neutral Labour Market Impact Assessment (LMIA) and those that are LMIA exempt.
An LMIA shows the Canadian government that there are no Canadian citizens or permanent resident available to fill up a job position and so there is a need to hire a foreign worker to fill that position.
The employer will need to do the LMIA process after which the Employment and Social Development Canada (ESDC) will issue a positive or neutral LMIA to the employer and the employer will have to give a copy of the confirmation letter to the worker. The worker will then apply for a work permit to IRCC.
In order to address the issue of labour shortages, some work permit programs offer facilitated LMIA process just like the Global Talent Stream (GTS) which allows employers in eligible tech occupations to skip the advertising requirements of an LMIA which speeds up the processing time. The GTS work permits takes about 2 weeks to process.
A lot of temporary foreign workers in Canada have the LMIA-exempt work permits. Over 315,000 LMIA-exempt work permits were issued in 2021 which was three times more than the number of work permits supported by an LMIA.
Canadian employers whose job posting matches an LMIA exemption code will have to pay a compliance fee and submit an offer of employment through IRCC’s employer portal in order to hire through an LMIA-exempt work permit program.
The LMIA-exempt work permits are to help Canada bring in foreign workers to help fill up labour shortages in the country. The LMIA-exempt work permits fall under the significant benefit and reciprocal employment categories.
The “significant benefit” is defined as a foreign national whose work will benefit Canadians socially, economically and culturally.
The “Reciprocal employment” is when Canada has an agreement with another country and so they exchange workers across borders.
The labour market impact is considered neutral since foreign workers can have similar opportunities in Canada to what Canadian workers can have abroad.
The open work permit is an example of the LMIA-exempt work permit which allows a foreign worker to work for any employer in Canada, in any province and in any job position.
The LMIA-exempt work permits also include work permits that fall under CETA, CUSMA or other free trade agreements with Canada. Also the work permits under the International Experience Canada (IEC) program fall under the LMIA-exempt work permit. The IEC allows youths from certain countries who want to get Canadian work experience.
- Study permit
This is another way you can stay in Canada as this permit will allow you study in Canada. Through this permit, you will be able to work part-time during your academic session and full time during holidays.
For you to get a study permit in Canada you will need to be accepted to a Designated Learning Institution (DLI) and then you can use your letter of acceptance to apply for a study permit in Canada.
Once you have completed your study program in Canada, you can apply for the Post Graduate Work Permit which allows you to stay in Canada for the duration of your study program and you get to work.
Also, you might have an opportunity to get permanent residence in Canada through the pathways that are for international student graduates.
- Post Graduate Work Permit (PGWP)
The PGWP allows international student graduates who have completed a study program in Canada in a Designated Learning Institution (DLI) to work in Canada for the duration of the study program in Canada.
It is an open work permits which means that the holder can work for any employer in Canada, in any province and in any job position.
The study programs that are longer than eight months but shorter than two years may be eligible for a PGWP that matches the length of their study program. International students whose study program was for two years or more would be eligible to work in Canada for three years with the PGWP which will increase their chances of getting permanent residence in Canada under the Canadian Experience Class (CEC) under the Express Entry System.
- Bridging Open Work Permit (BOWP)
This work permit allows certain permanent residency applicants to stay in Canada even after their temporary status has expired. There are some immigration programs that are eligible for a BOWP and they are:
- Federal Skilled Worker Program
- Federal Skilled Trades Program
- Canadian Experience Class
- Provincial Nominee Program
- Quebec Skilled Workers
- Agri-Food Pilot Program
The CEC have been paused since September 2021 and so the foreign workers who may be eligible for the program have not gotten a chance to apply for permanent residence.
Without an Acknowledgement of Receipt (AOR) from IRCC, they cannot get a BOWP but they may be able to apply for other work permits depending on their circumstances.
- Spousal Open Work Permit (SOWP)
If you have a spouse or common-law partner that is a Canadian citizen or permanent resident, then you can apply for the spousal sponsorship. If you are applying for sponsorship from inside Canada, you will be an in-land applicant and you will be able to benefit from a Spousal Open Work Permit (SOWP) that is specifically for spouses and common-law partners of Canadians who are going through the immigration process.
Spouses of temporary residents may also be able to get an open work permit and temporary foreign workers must meet certain eligibility requirements like having a work permit that is valid for six months after the open spousal work permit is received.
The foreign worker has to meet any of the conditions we will be listing below:
- You must be working in a National Occupational Classification (NOC) skill level of 0, A or B.
- You must be working in any occupation holding a provincial or territorial nomination from the Provincial Nominee Program (PNP)
- You must be working in any occupation when accepted to an Atlantic Immigration Program (AIP) stream
- You must be working in any occupation holding a Quebec Selection Certificate (CSQ)
Spouses of international students may also get an open work permit if they show that they are in a genuine relationship and their spouse must be an international student that is enrolled in an eligible program in a Designated Learning Institution (DLI) in Canada.