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BlogHow to increase your temporary status in Canada | Spryness Immigration

March 18, 2022by Sheikh Ahmed0

Immigration, Refugees and Citizenship Canada (IRCC) provides various options to allow temporary residents to remain in Canada while waiting for a decision on permanent and even temporary residency.

For instance maintained status is a temporary resident who is applying for a temporary status not necessarily required to leave Canada in the event that their current permits expire prior to the time that IRCC decides. By maintaining status, visitors, students as well as temporary foreign workers can remain in Canada under the same terms as their previous permits until they get the outcome of their new application.

Temporary residents seeking permanent residence who are approaching the expiration date of their documents validity may be able to gain the Bridging Open Work Permit (BOWP).Although some temporary residence permits can be extended Certain programs, such as those that are called the Post-Graduation Work Permit (PGWP) cannot be extended or renewed however that doesn’t necessarily mean that these workers can’t be eligible for another work permit.

While it’s an option for a lot of people, it’s not always preferred for students or workers from Canada in Canada to seek the Temporary Resident Visa (TRV) as it doesn’t permit you to study or work. The holders of a TRV could also be eligible for a Visitor Record and are able to stay for more than six months. However, the same cannot permit the person to study or work. There could also be alternatives for those who qualify to be exempt from working permits in certain circumstances. In this article, we will discuss alternatives for those who could benefit from these:

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  • Work Permits
  • Study Permits
  • Post-Graduation Work Permits
  • Bridging Open Work Permits
  • Spousal Open Work Permits

Work Permits

Canadian work permits fall in two categories: ones which require a positive and neutral labor Market Impact Assessment (LMIA) as well as those which can be LMIA exempt.

LMIA is a form of documentation that LMIA is designed to prove to the Canadian government that there’s a real requirement for an international worker to fill a vacancy. The employer rather than the worker who has to complete the LMIA procedure. When Employment and Development Services Canada (EDSC) issues positive or neutral LMIA to the employer, the employer provides workers a copy of the letter of confirmation. The worker is then able to apply for a working permit with IRCC.

Some work permit programs provide facilitation of LMIA procedures to alleviate existing labor shortages. For instance The Global Talent Stream (GTS) allows employers with qualified tech jobs to avoid the advertisement requirement for an LMIA which can speed the process. GTS work permits come with the standard processing time that is two weeks. Additionally Quebec is a province. Quebec includes its own set of occupational categories that permit facilitated LMIA processing.

 

The majority of temporary foreign workers possess working permits that are exempt under the LMIA. In 2021, more than 315,000 work permits exempt from LMIA were issued, which is three times the total number of work permits backed with an LMIA. Canadian employers whose job ad coincides with those with an LMIA exemption code must pay a fee for compliance, and then submit an offer of employment via the IRCC’s employer portal for the purpose of hiring via an LMIA-exempt work permit program.

The primary purpose of LMIA-exempt permit to work, from a government’s standpoint, is to protect Canadian interests. The most commonly used work permits exempt from LMIA are classified under the reciprocal and significant benefit classifications of employment. Canada defines “significant benefit” as a foreign national whose work can benefit Canadians in terms of culture, socially or economically. Reciprocal employment occurs when Canada is in agreement with a different country that allows the exchanging of workers across the border. The effect on the labor market is considered to be neutral because foreign workers have the same opportunities in Canada in comparison to the opportunities Canadian workers in the United States.

The LMIA-exempt category also includes open work permits that permit workers to work wherever with any employer in Canada. They also include work permits that are part of CUSMA, CETA, or other agreements for free trade with Canada. This is also the case for work permits that are part of the International Experience Canada (IEC) program. The IEC provides pathways for young people from various countries who would like to have a Canadian experience.

Study Permit

If it is a good fit for your professional and financial situation, obtaining an academic permit will permit you to remain in Canada. You’ll also be able to work part-time during the academic year and fully during breaks that are scheduled.

To obtain a study permit You must first be accepted into a Designated Learning Institution (DLI). Then, you can apply for a note of admission to submit an application for a Canadian Study permit.

After you have completed your course after which you will be able to remain in Canada by way of the PGWP (if you’ve previously not had one). In addition, you’ll become eligible for permanent residency that is tailored for international students who have graduated.

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Post-Graduation Work Permit (PGWP)

A Post-Graduation Work Permit (PGWP) is a possibility to remain in Canada for graduates of international universities who have completed a postsecondary course at an eligible Designated Learning Institution (DLI). It’s an open-work permit, which means that it doesn’t tie the holder to a specific company or job.

Programs that last longer than eight months , but less than two years could be qualified to receive an PGWP that is in line with the length of their course. Students from abroad who have completed programs that lasted two years or more could be eligible to receive the three-year PGWP.

Bridging Open Work Permit (BOWP)

Bridging Open Work Permit (BOWP) permits some permanent residents to remain in Canada until the expiration period of their status.

The following programs of immigration are admissible for a BOWP

Federal Skilled Worker Program

Canadian Experience Class

Federal Skilled Trades Program

Provincial Nominee Program

Quebec Skilled Workers

Agri-Food Pilot Program

Since September 20, 2021 Foreign workers who could be eligible for CEC have not yet been able to apply for permanent residency. Without an Acknowledgement Of receipt (AOR) of IRCC They are not eligible to apply for BOWP. However, they might be eligible in other circumstances for different work permits, based on their specific circumstances.

Spousal Open Work Permit (SOWP)

When your partner or spouse is a partner with Canadian citizenship or permanent residence, then spouse sponsoring could be an alternative. If you’re seeking sponsorship from outside Canada or from outside Canada, you’re considered to be in-land applicants and could get an Spousal Open Work Permit (SOWP) which is specifically designed for spouses and common law members who are Canadians who are in the process of obtaining an immigration visa.

Spouses of temporary resident spouses may also be eligible to obtain the open permit to work. Temporary foreign workers have to satisfy certain eligibility requirements including having a work permit which lasts for six months from the time the open spousal permit has been granted, for instance. The worker must also be able to fulfil one of four requirements:

who work at an National Occupational Classification (NOC) ability level of A or B;

employed in any field in any occupation, if accepted to be a part of an Atlantic Immigration Program (AIP) stream;

who work in any job that has any position that requires a provincial or territorial nomination or a territorial nomination Provincial Nominee Program (PNP) working in any occupation that has a provincial or territorial nomination from the Provincial Nominee Program

who are in any profession or holding working in any occupation and holding a Quebec Selection Certificate (CSQ).There are other specific criteria for programs to be fulfilled based on the situation of the temporary foreign worker. The spouses of international students could have the option of obtaining permits to work openly if they show to the government they are in a legitimate relationship, and also that the spouse has an international degree in a qualified program.

Sheikh Ahmed

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