Temporary Residency in Canada
Temporary residency is legal status used to describe a person admitted to Canada on a limited or temporary basis. Every foreign national who seeks to enter or remain in Canada as a temporary resident must establish that they hold the visa or other document required under the Immigration and Refugee Regulations (the “Regulations“) and that they will leave Canada by the end of their authorized period of stay.
A temporary resident in Canada cannot work or study without authorization. Generally, a person must receive a written authorization or permit before commencing their employment or studies in Canada.
Temporary resident status is distinct from having a visitor visa (also known as a temporary resident visa – TRV).
Visitor's Visa or Temporary Resident Visa (TRV)
A foreign national may need a TRV to enter Canada depending on their country of origin. A TRV is a document that allows a person to board a plane or other method of travel to Canada for tourism, family visits, or business-related purposes.
TRV Required Before Entering Canada
A foreign national must apply for and obtain a TRV before travelling to Canada unless they are exempted by the Regulations. Individuals who are exempt from the TRV requirement and wish to travel to Canada by air must apply for and obtain an electronic travel authorization (ETA) prior to travelling to Canada.
Where to Apply for a TRV
A TRV application must be submitted in the applicant’s country of nationality or a country in which the applicant was lawfully admitted and is present at the time of the application. A foreign national can apply from inside Canada if they hold a valid study or work permit; want to leave and return to Canada in the near future; and have an existing TRV that has expired, or is about to expire, or was valid for one entry.
Work Permits
The definition of work includes activities for which a person is paid as well as activities which are in direct competition with those of citizens and residents in the Canadian labour market.
Place of Application for a Work Permit
Before arrival. Foreign nationals who want to work in Canada must obtain a work permit before arrival, unless exempted by the Regulations or permitted to apply for a work permit upon arrival. They must also comply with with all the requirements that typically apply to temporary residents.
Application on entry. Foreign nationals who are exempt from the TRV requirement may apply for a work permit when entering Canada.
Application from inside Canada. A foreign national may apply for a work permit from inside Canada if they meet one of the following requirements:
- they have a valid study or work permit;
- their spouse, common-law partner or parents have a valid study or work permit;
- they are eligible for a post-graduation work permit and your study permit is still valid;
- they have a temporary resident permit that is valid for six months or more;
- they are waiting on a decision on an application for permanent residence from inside Canada;
- they made a claim for refugee protection;
- they have been recognized as a convention refugee or protected person by the Immigration and Refugee Board of Canada;
- they are allowed to work in Canada without a work permit but they need a work permit to work in a different job (this does not apply to business visitors); or
- they are a trader, investor, intra-company transferee or professional under the Canada – United States – Mexico Agreement (CUSMA).
Exemptions from Work Permit Requirement
There are activities and occupations that a foreign national can do in Canada without obtaining a work permit. Individuals exempt from the work permit requirement includes artists, athletes, diplomats, clergy, foreign students working on campus, and business visitors.
Study Permits
A foreign national cannot study in Canada unless authorized to do so. A study permit is a written authorization issued by an officer that allows a foreign national to engage in education or training in Canada.
Mandatory Study Permit Requirements
The requirements for a study permit are as follows:
- The foreign national must be enrolled at a designated learning institution (DLI).
- The foreign national must prove they have enough money to pay for:
- their tuition fees;
- living expenses for themself and any family members who come with them to Canada; and
- return transportation for themself and any family members who come with them to Canada.
- The foreign national must obey the law, have no criminal record and get a police certificate (if required).
- The foreign national must be in good health and get a medical exam (if required).
- The foreign national must prove to an officer that you will leave Canada when your study permit expires.
Where to Apply for a Study Permit
Before entering Canada. Generally a study permit application must be submitted outside Canada.
Application on entry. A foreign national is entitled to apply for a study permit when entering Canada if they are a national or permanent resident of the United States, a resident of Greenland, or St. Pierre and Miquelon.
Application from Inside Canada. A foreign national is entitled to apply for a study permit from inside Canada if they comply with conditions under the Regulations.
Temporary Resident Permits
Foreign nationals who are otherwise inadmissible to enter Canada or who are removable from Canada may be allowed to remain in Canada if an officer issues them a temporary resident permit (TRP) if the officer is of the view that it is justified in the situation. Individuals on TRPs are not visitors or permanent residents.
Why Choose Us?
Navigating Canada’s immigration system can be complex and time-sensitive. At Distinction Law P.C., we provide personalized services, guiding you through each step of the process and ensuring your application meets all legal and procedural requirements. Whether you’re applying for a visitor visa, work permit, study permit, or temporary resident permit, we are here to help you achieve your temporary residency goals in Canada.
