Renew your Canadian work permit
As Canada announces significant adjustments to its immigration target for the years 2025-2027 and aiming at reducing the temporary resident population, many individuals with expiring work permits are exploring alternative ways to remain in the country.
One such avenue is transitioning to visitor status through a Visitor Record (VR) which confers a legal status.
Here’s a comprehensive guide to help navigate this transition.
Table of Contents
What is a Visitor Record (VR)?
A Visitor Record extends your legal stay in Canada beyond your work permit’s expiration date, but it does not allow you to work or study.
Here’s how it differs from a Temporary Resident Visa (TRV):
Visitor Record (VR): Valid only within Canada; does not permit re-entry if you leave the country (except under the contiguous territory rule for short trips to the U.S. or St. Pierre and Miquelon).
Temporary Resident Visa (TRV): A document for re-entering Canada after travel abroad but does not extend your stay within Canada.
Applying for a Visitor Record
1. Timing is Crucial So Apply Before Your Work Permit Expires: This ensures you maintain your legal status under what is known as “Maintained Status” or “Implied Status.”
2. Application Procedure: Use the IRCC Secure Account: Avoid confusion by using your IRCC account to submit the VR application. Applying through the IRCC Portal for a TRV will not serve your purpose.
3. Demonstrating Temporary Intent:
- Strong Ties to Your Home Country: Provide evidence like property deeds, family connections, or job offers back home.
- Financial Stability: Show bank statements or proof of financial support to assure you can sustain yourself without employment.
- Departure Plan: A clear, documented plan showing your intention to leave Canada once your visitor status ends.
Maintained (Implied) Status
Once you apply for a VR, you can legally stay in Canada under maintained status until a decision is made.
However, you cannot work: If your intent is to switch from a work to visitor status, you must stop working once your work permit expires.
Click here to know more details on maintained status.
Legal Nuances and Regulations
IRPR Sections 183(5) and 186(u) address the extension of stay and conditions under which you can remain in Canada.
These regulations ensure that if you apply on time, your status is automatically extended until your VR application is decided.
Restoration of Status
If your status has expired, you might still have options:
Restoration within 90 Days: If your status has expired, you must apply for restoration within 90 days as per Regulation 182 of IRPR.
This application must be perfect, complete, and include the $200 restoration fee per applicant, along with other applicable fees.
Important Note: Not all non-compliance scenarios qualify for restoration. For example, study permit holders who are no longer enrolled or actively pursuing their studies at a Designated Learning Institution (DLI) under Regulation 220.1(1) are not eligible for restoration of student status.
Consultation: If you find yourself in this situation, booking a consultation with an immigration expert is crucial to ensure your application is handled correctly.
Navigating from a work permit to visitor status in Canada requires understanding the nuances of immigration law, particularly around the use of a Visitor Record.
This guide provides a comprehensive overview to help you maintain legal status in Canada while you plan your next steps, whether it’s returning home or seeking further Canadian residency options.
For deeper insights or personalized advice, especially regarding restoration, consider consulting immigration experts or further educational resources like TRV courses or intent letter guides.
Frequently Asked Questions (FAQs)
Can I Work After My Work Permit Expires While Awaiting a Visitor Record Decision?
No, the Visitor Record does not allow you to work.
Why Not Apply for a TRV Instead?
A TRV is for re-entry, not for extending your stay within Canada.
Do I Need To Leave Canada When My VR Expires?
Yes, unless you apply for another status change before the VR expires.
Can I leave and re-enter Canada with a visitor record?
No, for re-entry, you need a valid TRV. The contiguous territory rule has exceptions but is not recommended as a primary travel strategy.
What Proves Temporary Intent?
This varies by case, but generally, documentation showing you have reasons to return home is key.
When to Apply for a VR?
Ideally, 30 days before your work permit expires, but as long as you apply before the expiry, you maintain legal status.
GFK Immigration
Gboyega Esan RCIC R708591
Phone: +1 (647) 225-0092
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