Temporary Residency in Canada

Every year, thousands of immigrants migrate to Canada in search of a better life. Since 1994, Canada has been rated by the United Nations as one of the most prominent countries of residency in the world. With a fast growing economy with generally an increasing employment market and excellent educational institutions, many people who are afflicted by poor economic circumstances in their own homeland choose Canada as a place of refuge. Additionally, many business opportunities exist in industries such as manufacturing, construction, commerce and natural resources.

Any individual who is not permitted to permanently reside in Canada, but has been permitted to stay for a short period of time is considered to be a temporary resident. To be more precise, temporary residents are persons who legally reside in Canada for temporary purposes but are not citizens of Canada. Under the Immigration and Refugee Protection Act and Regulations, temporary residents can be classified as international students, tourists, foreign workers and temporary residency permit holders.

A Temporary Resident Permit (TRP) must not be confused with a Temporary Resident Visa (TRV). The TRV is an official document placed inside the passport of an individual who has been classified as admissible to vacation, study or work in Canada transiently. A Temporary Resident Permit (TRP) is a document issued at the discretion of a processing officer to a non-resident who is deemed as inadmissible. These temporary permits are only administered under distinctive situations; therefore it is important to speak to a lawyer if there is a need to reverse an individual’s inadmissibility status.

Some reasons for inadmissibility include, but are not limited to:

• Being unable to support yourself and your relatives financially during your stay.
• Being in an unhealthy condition that may cause public endangerment.
• Having been convicted of a crime that includes driving under the influence of alcohol or narcotics.
• The involvement in crimes against humanity.
• Misrepresentation of the information you provided.

In order to be granted a Temporary Resident Permit, the circumstances that surrounds your need of for entering or remaining in Canada, must predominately surpass any health and security risks to Canadian citizens. Some exceptional conditions for a TRP issuance are; the birth of a child or the funeral of a loved one, participation in cultural or sporting events or an important business appointment. A TRP can be granted for as little as one day or as long as three years.

In the cases of Temporary Resident Visas (TRV), these visas are issued by the Canadian Immigration Visa Offices in the variety of single or multiple entry. A holder of a TRV has provided satisfactory documentation that resulted in his or her admission to Canada as a visitor. Nevertheless, having a TRV does not guarantee entrance into Canada. Substantial documentation on the nature of the visit must be presented at immigration. The holder must also justify, with proper records, that his visit is indeed temporary and that he has enough money to support himself during his stay.

Criminal and medical concerns are also closely considered before a TRV holder is admitted to enter Canada. If a person or their dependants are found to have any sort of criminal complaints in any court of law, there is a strong possibility that their criminal record leads to their inadmissibility.

Nonetheless, there are certain circumstances where people who are considered to be criminally inadmissible are still allowed to enter Canada in the event that an extensive rehabilitation program was undertaken. Medical examinations such as routine blood and urine tests as well as recent medical records must also be provided. If any contagious disease is detected, this poses severe risks to Canadian citizens. Consequently, if this disease threatens the social health and wellbeing of the Canadian society, entry into Canada can be conclusively denied.

Individuals who enter Canada with the intention to work temporarily are required to apply for Work Permits. If a person intends to go to school, visit or do business in Canada, a study permit or temporary visitor’s visa is required.

Canada’s educational institutions offer outstanding academic experiences for students who aspire to attain advanced qualifications. For this reason, thousands of international students prefer Canada over other countries when their search for colleges and universities begin.

There are however, citizens of certain countries that do not require a visa to enter Canada. These countries are:

The list of countries requiring a visa to enter Canada is much longer.

Working in Canada

Canada attracts large amounts of foreign workers and professionals due to its growing economic activity. In Canada, thousands of jobs are created every year, the unemployment rate is relatively low and the pay is often higher than what many immigrants could expect to receive in their native country.

If you have received a job offer from a Canadian company, this company may need to get a Labour Market Impact Assessment (LMIA), submit an offer of employment form and pay compliance fees to help with the application process. However, if you are exempted from the LMIA process, it won’t be necessary to provide these documents from an employer and it means that you are eligible to apply for an open work permit. If you are approved, you can choose to work for any Canadian company that does not appear on the ineligible employers list.

Foreign workers have a unique opportunity to gain employment as live-in caregivers in Canada. According to the Temporary Foreign Worker Program (TFWP), a Canadian family can hire foreign workers who are qualified in specific areas to be live-in caregivers for the following classes of people:

• young children under the age of 18
• persons with disabilities, terminal or critical illnesses
• elderly persons who are 65 and older

The application process to obtain a work permit as a Live-In caregiver is similar to that of obtaining a standard work permit; the only difference is both live-in caregiver and employer must meet the eligibility standards in order for the foreign worker to attain this permit. A foreign caregiver eventually has the opportunity to attain permanent residency after two years of employment, provided that the requirements of the Citizenship and Immigration Canada (CIC) are met.