Seeking Temporary Residency?
Every year thousands of people qualify to enter Canada, as Canada offers a variety of programs that provide eligible individuals the opportunity to reside in Canada on a temporary basis; such as visitor’s visas, work permits, study permits, super visas, electronic travel authorization (ETA), etc. which are provided to successful applicants. In addition, the opportunity for seeking permanent residence may exist from acquiring a Temporary Residence visa. The eligibility criteria vary depending on the program and individual circumstances; we assess these specific circumstances and upon legal consultation we advise our client on the best route to take that will guarantee entrance to Canada.
Applying for Temporary Residence is one of our most frequent inquiries, and as such we ensure that our legal advice, delivery and services are commensurate, and within the ambits of the Immigration and Refugee Protection Act (IRPA). In cases where an application is being denied or cases where the decision of the Visa Officer is perceived to be harsh, we proceed to seek Judicial Review of such decision at the Federal Court.
Foreign nationals who are in Canada already, who wish to work must obtain a work permit in order to do so. Temporary Residence Visas include:
I. Visitor’s Visa – Depending on your country of Citizenship, you may require a visa to enter Canada to visit family, conduct business activities, or transit through Canada. The types of visitor’s visa include:
- Single Entry- This visa enables a foreign national entry into Canada once.
- Multiple Entry- This gives the foreign national unlimited entry into Canada for the duration of the visa.
- Transit Visa- This permits the foreign national whose country of origin is one that requires a visa, who intends to travel through Canada for less than forty-eight (48) hours.
II. Study Visa – this is for Foreign nationals who wish to study in Canada and benefit from the Canadian world class education. In order to study in Canada, you must be accepted into a designated learning institution and have sufficient funds to cover your expenses during your stay. Students who wish to work are also eligible to obtain a part-time work permit to work part-time for the duration of their schooling.
III. Work Permit – for a foreign national to work in Canada he or she must first obtain a work permit. This can be either a closed permit (for a specific employment with a specific employer) or an open permit (which enables a worker to seek employment in any employment field and location in Canada). The various programs available for a foreign national to secure a work permit are among others:
- Spousal work permits
- temporary foreign worker program
- post-graduate work permit
- international experience Canada
- intra-company transfers
- international mobility program
- Atlantic pilot program ETC.
IV. Temporary Residence Permit – for foreign nationals who for some reasons I declared inadmissible to Canada, this visa enables such person entry into Canada as a Temporary Resident.
FOREIGN NATIONALS EXEMPT FROM OBTAINING A TEMPORARY RESIDENT VISA
- Citizens of certain countries are Exempted from Visa requirements
- Individuals lawfully admitted to the United States for permanent residence;
- British citizens, and citizens of British dependent territories who derive their citizenship through birth, descent, registration or naturalization in one of the British dependent territories of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena or the Turks and Caicos Islands;
- Individuals holding a valid and subsisting Special Administrative Region passport issued by the Government of the Hong Kong Special Administrative Region of the People’s Republic of China; and
- Persons holding passports or travel documents issued by the Holy See.
Foreign nationals who plan to visit Canada for more than six (6) months, and who have resided in certain countries within a year prior to their arrival in Canada will be required to undergo a medical examination prior to being granted a Temporary Resident Visa.