Ways to Extend Your Temporary Stay in Canada

Temporary Residents have a variety of alternatives for extending their stay in Canada. The IRCC has granted these options to allow temporary visitors while they wait for permanent residency. Here, we are going to find the top ways to extend your temporary stay in Canada.

Who are Temporary Residents in Canada? 

Temporary Residents do not hold Canadian Citizenship instead they are on a temporary visit to Canada on legal terms. They could be foreign workers, tourists, and international students.

Maintained Status in Temporary Residency

Maintained Status was earlier known as the Implied Status. It means while you are waiting for your temporary residency status to get extended you are legally bound with a Maintained Status. This legal status is valid until you receive a decision on the final extension of your temporary visa.

For all the temporary residents, there is an option of keeping a maintained status.

• This means that when temporary residents apply for a fresh application for permanent residency, they don’t have to leave the country in case of documents expiry.
• Temporary foreign workers and visitors can prolong their stay in Canada.
• The same conditions shall be applicable as in their previous permit.
• Bridge Open Work Permit (BOWP) is a good option for those individuals who have applied for permanent residency but their document’s validity is going to expire soon.
• Post Graduate Work Permit (PGWP) can neither be extended nor renewed. But, PGWP individuals do have an option to apply again through another work permit.
• A Temporary Resident Visa (TRV) is not a very preferred choice for individuals because this doesn’t include a work or study permit option.
• TRV also makes you eligible to apply for a Visitor Record which is exempt from the work or study option. But this permits you to stay for more than a period of 6 months.

Best Ways to Extend Your Temporary Stay

Work Permit with LMIA

• Labour Marketing Impact Assessment (LMIA) for a work permit is usually required from the employer.
• This means that the employer is showing proof of an urgent and genuine requirement for foreign labor for an unfilled vacancy.
• Once the Employment and Development Services Canada (EDSC) issues a letter affirming the same, the employer sends the letter’s copy to the worker.
• This further permits the worker to apply for a work permit.
• There are other processes of LMIA which are implemented because of labor scarcity. GTS, also known as the Global Talent Stream, is used to process the LMIA faster. Tech occupation employers continue without having to do with the LMIA’s advertising needs.
• Quebec consists of specific occupations which tend to follow the fast-paced LMIA process.

Work Permits Exempt from LMIA

LMIA exempt work permits are usually associated with temporary foreign workers. Reportedly in 2021, approximately 315,000 work permits exempt from LMIA were registered.

• Any employer in Canada needs to have job postings matching an exemption code of LMIA.
• Once the exemption code matches the job posting, he needs to pay a compliance fee.
• Furthering the process, the Canadian employer submits an employment offer through IRCC’s portal for employers.
• He then hires labor exempt from the LMIA procedure.

The LMIA exempt work permit category is processed to support Canadians in terms of social, economic, and, cultural benefits.

Such work permits come under the benefit and reciprocal employment. The reciprocal benefit is when Canada agrees to exchange labor or workers with several other countries. This leads to neutralized LMIA situation in which workers abroad and in Canada have similar work opportunities. LMIA exempt work permits usually support open work permits including those under categories such as free trade agreements, CUSMA, CETA as well as (IEC) International Experience Canada).

Proceeding With Study Permits

• A Designated Learning Institute must accept you and provide an acceptance letter that you can use for a Canadian study permit.
• After completing a program from DLI you’ll be eligible for PGWP and other available options for international students applying for permanent residency.

PGWP- An option for international graduates

• This is a type of open work permit, allowing the international graduates to work at a place of their choice whenever they want.
• Study programs that have a durability of more than 8 months or within 2 years need to have an equal length of a program to meet PGWP eligibility.
• In the case of international students who have completed two years in a program are eligible for a two to three-year PGWP.

BOWP- Permanent Residency

• Applicants who have applied for permanent residency in Canada are permitted to stay longer when their temporary status is about to expire.
• You can apply for the Bridging Open Work Permit through several programs including Provincial Nominee Program, Canadian Experience Class, Agri-Food Pilot Program, Federal Skilled Worker Program, Quebec Skilled Worker Program, and Federal Skilled Trade Program.
• Canadian Experience Class consists of eligible foreign workers who’ve never had an opportunity to apply for PR. For them to receive a BOWP a receipt of acknowledgment issued by IRCC is mandatory.

Spousal Open Work Permit (SOWP)

• Spousal Sponsorship- This means that your spouse or common-in law partner bears permanent residency or citizenship in Canada.
• In-land applicants: These applicants apply for sponsorship while they’re staying in Canada. A Spousal Open Work permit is advantageous for these applicants.
• Temporary Resident’s Spouse: Temporary foreign workers must hold a valid work permit of 6 months duration to stand eligible for an open work permit.

Foreign workers need to qualify for the following:

1. Current work experience in NOC skill type (O, A & B)
2. Occupation through Atlantic Immigration Program (AIP)
3. Occupation under PNP- either provincial or territorial
4. Quebec Selection Certificate with an Occupation

In the case of an international student who has a spouse interested in applying for an open work permit, the spouse will need to prove the authenticity of his or her relationship with that international student and also the fact that the international student is a part of an eligible program.

Temporary Visa: The Applying Process 

• Submit all essential supporting documents and relevant personal details. 
• Ensure timely fee payment. 
• Apart from you, your family members who wish to apply need to do so separately.  

Duration for Application to be Processed 

• IRCC will check the visitor’s record. The time taken for the same largely depends on the number of applications they have got.
• You can check the absolute application status by visiting the official website of the government of Canada. 

The Last Step of the Application Process 

• Acceptance of application: Once your application is processed and approved, you’ll get a new expiry date for your extension document. 
• Rejection of application: If your application stands rejected you will not be permitted to continue living in Canada post the visa’s expiry date. You need to re-apply for a restoration and it gives 90 days starting right from the date of rejection to the restoration application. 
• While you wait for the restoration application’s result, your right to work or study in Canada will be lost. However, to re-apply for the restoration you need to be present in Canada.

You might be a visitor or a temporary resident with an expired status, this article has got the essential details for restoring your temporary visa application. It is providing the best available alternatives for prolonging your stay in Canada legally.

Find out if you are eligible for any Canadian immigration programs