How can temporary foreign workers show that they will leave Canada at the end of their work permit?
Visiting Canada? How to fill out a successful temporary visa application
In recent years, more than one million people annually have been applying for visitor visas to visit Canada. Several hundred thousand more apply for work permits or study permits each year. Immigration, Refugees and Citizenship Canada will refuse around 20 per cent of these applications, sending a generic refusal letter, providing vague reasons off a checklist. What most refused applicants don’t realize is that behind these decisions are additional, often very detailed reasons that aren’t provided in the refusal letter. These internal reasons can range from a few short sentences, to sometimes even more than a page of reasoning that IRCC does not share with the applicant. It is important for refused applicants to apply for and obtain the full internal reasons for IRCC’s refusal of their application before they try to reapply. (Learn how at canadianimmigrant.ca/immigrate “Application refused? What CIC states in refusal letters is not the whole story.”) It is also important to understand the numerous factors that visa officers consider when assessing temporary residency applications to determine whether someone will leave Canada by the end of their authorized stay. By knowing what these factors are, applicants can maximize the likelihood of successfully assembling a strong visa application. … Read More
Electronic Travel Authorization – Known Travel
Section 7.1(1) of the Immigration and Refugee Protection Regulations (the “IRPR”) provides that: 7.1 (1) A foreign national referred to in paragraph 7(2)(a) who is exempt from the requirement to obtain a temporary resident visa and who is seeking to enter Canada by air to remain on a temporary basis is required to obtain an electronic travel authorization before entering Canada, unless they are exempt from that requirement under subsection (3). Subsection 12.01(1) of the IRPR provides that: (e) the day on which the country referred to in subsection 7.01(1) that issued the passport or other travel document in respect of which the electronic travel authorization was issued is no longer referred to in that subsection, unless that country is listed in Schedule 1.1. Together, these regulations form what is known as the Electronic Travel Authorization (“eTA”) Known Travellers program. Background In March, 206, Canada’s eTA program was launched. An eTA is an electronic document requirement for visa-exempt air travellers to Canada. All visa-exempt air travellers are required to apply online for an eTA by providing basic biographical and passport information, and by answering a series of questions to determine admissibility. Americans are an exception to this, as they can travel to … Read More
The Transit Without Visa Program and the China Transit Trial Program
In order to improve the competitiveness of Canadian airports, the Canadian government has programs so that people who are transiting to Canada to get to the United States do not need to apply for temporary resident visas. The Transit Without Visa Program The Transit Without Visa Program (“TWOV Program”) allows certain foreign nationals with valid United States visas, traveling to and from the United States, to transit through Canada without having to first obtain a Canadian visa. Qualifying nationalities include Indonesia, Thailand, Philippines, China and Taiwan. The TWOV Program operates at both Vancouver International Airport and Toronto’s Pearson International Airport. The program only applies to nationals of Indonesia, the Philippines, Taiwan, and Thailand. In order to be eligible to travel under the TWOV Program, nationals of these countries must: be in possession of a valid visa issued by the United States; be in possession of a valid passport issued by the authorities of a participating country; hold a confirmed onward ticket for a connecting flight that departs Canada immediately (foreign nationals transiting Canada under the TWOV Program may not seek entry to Canada as temporary residents); arrive in Canada on an eligible airline; and transit through either Vancouver International Airport … Read More
Electronic Travel Authorizations
On August 1, 2015, the Government of Canada launched the Electronic Travel Authorization (“eTA”) program. The program is similar to the United States of America’s Electronic System for Travel Authorization. Implementation of the eTA program allows Canada to pre-screen eTA-required travellers to ensure that they are admissible to Canada. Since March 15, 2016, most foreign nationals who are exempt from the requirement to obtain a Temporary Resident Visa (“TRV“) to enter Canada are required to obtain an eTA before they travel to Canada by air. A list of countries and territories whose citizens need an eTA to travel to Canada can be found here. It is not possible that residents of these countries can simply purchase tickets and board planes to travel to Canada. Rather, an individual will be unable to board a commercial airline to Canada unless the airline first confirms that the individual possesses an eTA through the Canada Border Services Agency’s Interactive Advance Passenger Information system. Americans are exempted from the requirement to obtain an eTA. Other exemptions include: The Queen and the British Royal family; Air crew members and air crew members transiting through Canada; Transit Without Visa: Indonesia, Thailand and Philippines; China Transit Program: Beijing, … Read More
Religious and Charitable Workers
There are generally two types of religious workers who seek entry to Canada to work. The first are clergy (which includes Buddhist monks, Sikh granthis, rabbis, priests, preachers, pastors, etc.) whose employment in Canada will consist mainly of preaching doctrine, presiding at religious functions, or providing spiritual counselling. The second are religious workers (which includes nuns, monks and field workers). Work Without a Work Permit Section 186(l) of the Immigration and Refugee Protection Regulations (“IRPR“) provides that such people may work in Canada without a work permit. IRPR r. 186(l) states: 186. A foreign national may work in Canada without a work permit (l) as a person who is responsible for assisting a congregation or group in the achievement of its spiritual goals and whose main duties are to preach doctrine, perform functions related to gatherings of the congregation or group or provide spiritual counselling; Generally, applicants applying to work in Canada without a work permit under IRPR r. 186(l) need to demonstrate that they have a genuine offer of employment from the religious denomination that seeks to employ them, that the organization employing them can provide for their care and support, and that they are able to minister to a congregation under the auspices of … Read More
Temporary Resident Visa Statistics
A Temporary Resident Visa (“TRV”) is a document issued by Immigration, Refugees and Citizenship Canada (“IRCC”) which shows that the person has met the requirements for admission to Canada as a temporary resident. It is typically a counterfoil that is placed in a person’s passport. There are many types of TRVs. Statistics From 2011-2021 (February) the temporary resident visa approval rates based on country of citizenship were as follows:
Applying for a Permit When Country Conditions Are Not Good
It is generally regarded as difficult for people who are from countries with bad home country conditions to apply for permits. Hamad v. Canada (Citizenship and Immigration), 2012 FC 336 is an example of how to put together an application that can overcome these issues. Background When he applied, Mr. Hamad lived in Benghazi, Libya, with Ms. Mahmoud and their four children who were all under the age of ten. They were all Libyan citizens. In 2011, Mr. Hamad applied to study in Canada at George Brown College in a business administration-accounting program. Mr. Hamad had two brothers living in Libya. His third brother was a Canadian citizen who lived in Toronto and who testified that he was committed to supporting and financially assisting his brother’s family during their stay in Canada. Mr. Hamad had previously traveled to Egypt, and in his application stated that he had visited his brother in Canada in 1991, on a visitor’s visa valid from January 24, 1991 to July 23, 1991, and that he left Canada before the expiry date. The family had no debts, had a home, an orchard and a well in Libya. Mr. Hamad also owned a transport truck and an … Read More
Understanding Dual Intent
It is not uncommon for people who are applying for temporary residency are scared to admit anything that could convey a future desire to immigrate to Canada. However, Immigration, Refugees and Citizenship Canada (“IRCC“) recognizes that having two intents (one temporary and one permanent) is legitimate. Its policy on this is commonly known as “dual intent.”
Applications for Extension of Authorization to Remain in Canada as a Temporary Resident
Regulation 181(1) of the Immigration and Refugee Protection Regulations provides that a foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if: the application is made by the end of the period authorized for their stay; and they ahve complied with conditions imposed on their entry to Canada. Regulation 181(2) further states that an officer shall extend the foreign national’s authorization to remain in Canada as a temporary resident if it is established that the foreign national will leave Canada by the end of the period authorized for their stay, holds a passport and is not inadmissible to Canada. Factors There are many factors that immigration officers will consider in assessing whether to extend someone’s status in Canada. These include: What is the individual doing in Canada? How long has the individual been in Canada? How long is the extension request for? Do they have a valid job offer? If so, are they able to perform the work? What activities has the individual done during their time in Canada? Are they earning enough to support themselves? Can someone else provide adequate support? Does the individual have the means and ability to either … Read More
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