Temporary Resident

TEMPORARY  RESIDENT  PERMIT

POST  GRADUATE  WORK  PERMITS  (PGWP)

VISITORS  VISAS

SUPER  VISAS

NEXUS  CARD

CORPORATE  IMMIGRATION  COMPLIANCE

Temporary Residency (TR) is an immigration status in Canada given by an immigration officer to a foreign national that permits the foreign national to stay in Canada for a limited period of time. When a Temporary Residency Permit (TRP) is granted, foreign nationals must abide by the terms and conditions imposed by Canada’s immigration officers throughout the period of their temporary stay in Canada as follows:

• Abide by and follow all Canadian Laws,
• The duration foreign national may stay in Canada,
• Not to work unless authorized, and
• Not to study unless authorized.

A TRP is a document that authorizes a foreign national 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. It is only given to a foreign national has a genuine reason or if their need to come to Canada outweighs the risk of that person being in the country. For example, an individual might be granted a TRP to visit Canada if the trip is work related and that person’s presence in Canada will be beneficial to the country or its citizens.

TRP is a unique permit and not same as a work or study permit, or a Temporary Resident Visa (TRV). These documents are clearly marked as visas or work and study permits. TRPs are only issued in exceptional circumstances at the discretion of the processing officer and may be cancelled at any time.

If you need assistance with a TRP, please contact our office to discuss your specific case and determine eligibility.

The Post-Graduation Work Permit (PGWP) Program allows students who have graduated from eligible Canadian Designated Learning Institutions (DLIs) to obtain an open work permit to gain valuable Canadian work experience. Skilled Canadian work experience from National Occupational Classification (NOC) list that is gained through the PGWP program helps graduates qualify for permanent residence in Canada through the Canadian experience class within Express Entry streamline. However, a minimum of one year of work experience in managerial, professional or technical positions (under NOC level 0, A or B) will be necessary to be eligible and apply to stay permanently through the Canadian Experience Immigration program.

To be eligible for the program, international students:

• Must have completed an academic program from the eligible DLI in Canada that is at least 8 months in duration leading to a degree, diploma or certificate.
• Must have maintained full-time student status in Canada.
• Must have received a transcript and an official letter from the eligible DLI confirming that they have met the requirements to complete their program of study.
• Must apply for a work permit within 90 days of receiving written confirmation (for example, a transcript or an official letter) from the eligible DLI.
• Must have a valid study permit when they apply for the work permit.

Note that if the student’s program of study is less than two years but at least eight months, the student would be eligible for a post-graduate work permit.

Canada is home to millions of visitors each year. In fact, hundreds and thousands of people visit Canada every year to enjoy the many opportunities the country has to offer, including visiting family and friends. If you wish to come to Canada for a temporary purpose, you may need a Temporary Resident Visa (TRV), unless you are a citizen from a “visa exempt” country.

A visitor visa also known as a TRV or Canada Tourist Visa is an official document issued by a Canadian visa office that is placed on your passport that shows you have met the requirements needed to enter Canada as a temporary resident. Most travelers need a visitor visa to travel to Canada. You may also need one if you’re transiting through a Canadian airport on your way to your final destination.

Types of Canada Visitor Visas include:

• Visit/Tourism
• Study
• Work
• Temporary Resident

Most visitors can stay for up to 6 months in Canada. At the port of entry, the immigration border services may allow you to stay for less or more than 6 months. Once you are given a period of stay, they will put the date you need to leave in your passport. The immigration officer might also give you a document called a visitor record, which will show the date you need to leave Canada.

To be eligible for a TRV, a foreign national must meet following requirements:

• Have a valid travel document, such as a passport,
• Be in good health,
• Have no criminal or immigration-related convictions,
• Convince an immigration officer that you have ties—such as a job, home, financial assets, or family that will take you back to your home country,
• Convince an immigration officer that you will leave Canada at the end of your visit,
• Have enough funds to support yourself and any accompanying family members for your stay,
• May also need a letter of invitation from your family or friends living in Canada.

Canada believes in reunification of immigrants and their families to be together in Canada which is why they have designed Super Visa also known as Parents and Grandparents Program (PGP). A super visa allows Canadian citizens and permanent residents to invite their parents and grandparents to live with them for up to 2 years at a time. It’s a multi-entry visa that provides multiple entries for a period up to 10 years.

To be eligible for the super visa, applicants must be the parents and grandparents of Canadian citizens or permanent residents. A work or study permit holder are not eligible for PGP program.

In addition, the applicant must meet the following requirements:

• Be at least 18 years old,
• Must be living in Canada,
• Have a written commitment of financially supporting your Parents and/or Grandparents,
• Have enough money to support your Parents and/or Grandparents (you will need to provide your proof of income),
• Prove of Canadian medical insurance coverage for at least one year.
• 
  

If you hope to have your parent or grandparent stay in Canada permanently, you will need to submit a parental sponsorship application.

If you are not sure or have any questions, you can contact our office to find out your best options.

NEXUS is designed to speed up border crossings for low-risk, pre-approved travelers into Canada and the United States (U.S.). It is jointly run by the Canada Border Services Agency (CBSA) and U.S. Customs and Border Protection (CBP). The NEXUS program acts as a substitution for a passport to enter into Canada for U.S. citizens and for Canadian citizens entering the U.S. It meets the requirements of the Western Hemisphere Travel Initiative (WHTI).

Program Benefits

• Avoid long line-ups and save time by:
• Using automated self-serve NEXUS kiosks when entering Canada at nine major international airports and U.S. Global Entry kiosks for entry into the U.S.
• Receiving expedited clearance through security screening lines at major and select mid-sized airports in Canada;
• Receiving expedited clearance through the U.S. Transportation Security Administration Pre-Check lines at over 200 participating U.S. airports. Visit NEXUS Air for more information.
• Enjoy a simplified entry process using dedicated vehicle lanes at 21 designated land border crossings. Visit NEXUS Land for more information.
• When arriving to Canada by boat, report by phone to a Telephone Reporting Centre at more than 450 marine sites across Canada. Visit NEXUS Marine for more information.

To be eligible applicants:

• Must be a Citizens or permanent residents of Canada or the United States.
• Must have continuously lived in both (US and Canada) or either country for the last three years.

Because the NEXUS program is a partnership between Canada and the U.S., your application must be approved by both countries. Your application will be denied if you do not meet all of the requirements.

Need help, do not hesitate to contacts our office to get expert advice.

About a decade ago, Canadian temporary foreign worker program has had significant impact due to suspicious activities and fraud detections around the program leading to enforcement of Canadian employer compliance. The goal being the protection of Canada’s labor market and furnishing Employment and Social Development Canada (ESDC) the legal means to enforce, educate and ban non-complaint employers. The changes have altered expectations, raised many interesting legal issues and presented new challenges for employers and lawyers. Much of the criticism directed to the evolving compliance regime is related to the legal scope of the enforcement measures as well as predictability and transparency in Labor Market Impact Assessments (LMIA – previously Labor Market Opinions (LMOs)) and compliance.

Since then, the Canadian Government started legal means to review employer compliance. To accomplish this, the government started an Employer Compliance Review (ECR) program under Ministerial Instruction and an inspection. Under ECR, a Canadian employer must demonstrate compliance with the inspected conditions and is triggered as part of an LMIA application process. The purpose of an ECR is to authorize ESDC to perform a full compliance review of all formerly issued positive LMIA or LMO decisions for an employer. If employers are found non-compliant at the end of an ECR review, they could heavy consequences including but not limited to:

• A ban of two years from the TFWP
• A negative LMIA issued for any pending applications
• Revocation of previously-issued LMIAs

If you have questions or simply not sure what options are available, you should get in touch with our office. We’ll be able to find out your best possible options and how we can help.

Contact us for exploring your best possible options and/or solutions.