TEMPORARY VISAS

Canada is made up of diverse cultures, climates, and landscape, which makes it a highly desired destination. No wonder every year, Canada gets over 35 million visitors to enjoy the different opportunities offered by the country including visiting friends and family. At AKM Law we can work with you to explore your options to visit, study or work in Canada.

A temporary resident in Canada is a foreign national that has been legally authorized to enter into the country for temporary purposes. Before a foreign national can be granted temporary resident status, they must have met the legislative requirements to enter and remain in Canada as a student, worker, visitor, or someone with a temporary work permit. Naturally, the person should be in Canada.

You can process the temporary resident application under the temporary resident visas, electronic travel authorizations (ETA), international students, temporary workers, and temporary resident permits. Of course, since their stay is temporary, they are all subject to conditions like the length of their stay.

If you have issues with getting a temporary resident status, especially if you want to enter into Canada for tourism, work, study, and so on, then you should get legal help. You can contact us as soon as possible.

When visiting Canada there can be many immigration hurdles to overcome. At AKM law we can assess your admissibility and advise if you require a visa, eta or TRP to enter.
Most people need a visitor visa or an electronic travel authorization (eTA) to travel to Canada, while some people may only need their valid passport.

A visitor visa does not guarantee entry into Canada. When you arrive a CBSA officer will assess if you are eligible to enter. You may be inadmissible to Canada, which means you are not allowed to enter the country based on the some following reasons:

• Criminal activity
• Human rights violations
• Organized crime

You may still be able to enter by applying for a Temporary Resident Permit. To find out if you are inadmissible please check our inadmissible information.

Use our free assessment tool to see if you may be eligible for a visitor visa.

Types of visitor visas offered by Canada

• eTA
• Visitor Visa
• Super Visa
• Business Visitor
• Temporary Resident Visa  inadmissible

An electronic travel authorization is an entry requirement for foreign nationals travelling to Canada.

You will be required to apply for an eTA if the ALL of the following apply to you:

• You are a citizen of a visa-exempt country, meaning that you are a citizen of a country where Canada does not require you to make an application for a Visitor visa; and
• You are traveling to Canada by air, either to visit or to take a connecting flight.

You DO NOT need an eTA if you are entering Canada by land or sea either by bus, train, boat, automotive vehicle or cruise ship.

Your eTA will be valid for up to 5 years or until your passport expires, whichever one comes first. If your passport expires then you will need a new eTA.

There are exemptions to these requirements, for example if you are a foreign national with official Canadian Documents. Please contact us for more information if you are exempt from an eTA.

An eta does not guarantee entry into Canada. When you arrive a CBSA officer will assess if you are eligible to enter. If you have past criminality, overstay issues, or other complication it is advisable to seek legal advice to understand your options. Please contact us for more information.

If you are a citizen from the following countries, you are required to apply for an eTA to board your flight to Canada (but not by land or sea).

When visiting Canada there can be many immigration hurdles to overcome. At AKM law we can assess your admissibility and advise if you require a visa, eta or TRP to enter.

If you are a citizen of the following countries then you are required to apply for a visitor visa to enter Canada. The visitor visa application will evaluate if you meet the requirements needed to travel to Canada:

These are basic requirements that you will need to show when applying for a visitor visa:

• Have a valid travel document
• Be in good health
• Have no criminal or immigration- related convictions
• Ties to your home country, i.e. job, home, financial, assets, or family
• Convince an immigration officer that you leave Canada at the end of your visit

The above is a non-exhaustive list of factors officers will consider when evaluating your application. Other documents may be effective to prove that you will leave at the end of your authorized stay in Canada. Please contact us to find out more about the application process and other support documents to help you application succeed.

If you are visiting Canada and you wish enroll yourself in a program that is for less than 6 months you do not require a study permit.

Business visitors do not require a work permit. To be eligible as a business visitor you must be someone who is coming to Canada for:

• for international business activities;
• without directly entering the Canadian labour market; and
• prove that their main source of income and their main place of business are outside Canada.

Some examples of this include someone who comes to Canada:

• to meet people from companies doing business with their country
• to observe site visits
• because a Canadian company invited them for training in:
• product use
• sales
• other business transaction functions

You aren't considered a business visitor, and may need to get a work permit, if you're doing work for a Canadian company. For example, you're an employee sent by a foreign company to fulfill a contract with a Canadian company.

Business visitors and business people are not the same. Business people come to do work in Canada under a free trade agreement such as NAFTA, FTAs, GATS.

Please contact us for more information.

A TRP authorizes a person who is inadmissible or does not meet the requirements of the Immigration and Refugee Protection Act or Regulations either as a temporary resident or as a permanent resident to enter or remain in Canada.

To be eligible for a temporary resident permit, your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society. Even if the reason you are inadmissible seems minor, you must demonstrate that your visit is justified. This application may be required to be submitted with your visitor visa application or after a refusal of your eTA.

Many international students choose Canada over other potential destinations because of certain advantages that come with studying in Canada. With quality and more affordable tuition at renowned universities and colleges in safe cities, and employment options both during and after the study period, the decision to study in Canada can be life changing.

In order to be apply for a study permit you must have an acceptance letter from a (LINK TO Canada.ca dli list) designated learning institution and a valid travel document, a study permit is not a visa (please refer to our visiting information).

You can either apply by paper or online. The online process is more cost effective and faster.
A study permit is valid for the duration of your studies plus an additional 90 days, which allows for time to prepare to leave Canada, apply to have your permit extended or apply for your Post-Graduate Work Permit. The validity of your study permit depends on changes, i.e. early completion of program.

• If you are legal resident in China, India, the Philippines or Vietnam you can apply through the Student Direct Stream which allows for faster processing times.

After the completion of your study permit, if you attended a designated educational institution you will be eligible for a Post Graduate Work Permit. The length of which will depend on your length of studies.

Use our free assessment tool to see if you may be eligible for a study permit.

Work permits are required for most temporary jobs in Canada, however there are specific situations where they are exempt, for example they are not required to engage in international business activities where you do not directly entering the Canadian labour market.

Canada recognizes that there are labour shortages and as a result assists employers by supporting the hiring of foreign workers based on their potential to become economically established in Canada. At AKM Law we are able to help employers bring in skilled workers, and if desired, transition them into living in Canada permanently.

There are two types of work permits:

Open work permit

This allows for you to work for any employer in Canada except for those who are listed as ineligible (a list of ineligible employers can be found here) and employers who offer striptease, erotic dance, escort service or erotic messages.

You may be eligible for an open work permit if you fit under the following situations:

• International student who graduated from a DNI and eligible for Post Grad work permit program
• A destitute student who can longer afford costs of tuition
• Applied for permanent residence in Canada
• A spouse or common law partner of a skilled worker or international student
• A spouse or common law partner being sponsored by a Canadian citizen or Permanent Resident
• A Refugee, protected person, refugee claimant or their family member
• Under an unenforceable removal order
• Have a valid temporary permit
• Young worker participating in special programs
  • The international experience class

Employer specific work permit

For employer specific work permits, the employer must get a positive Labour Market Impact Assessment (LMIA) before you can apply. A positive LMIA shows that there is a need for a foreign worker to fill the job as there is no Canadian worker available to do it.