Temporary Resident Canada: Opportunities and Restrictions

Jessa is a citizen of the Philippines. She recently received a multiple-entry visa to Canada. Luckily, Jessa had no issues at the port of entry. She entered Canada last week. However, Jessa wants to know for how long she may stay in Canada. Jessa is also willing to know, as a temporary resident in Canada, are there any constraints she is facing.

A temporary resident of Canada is someone who stays in Canada as one of the following groups:

• Restricted Visitors, or rather:
  • Electronic Travel Authorization (eTA) holders,
  • Temporary Resident Visa (TRV) holders, or
  • Visitors exempt from eTA and TRV.
• Temporary Foreign Workers
• International Students
• Temporary Resident Permit (TRP) holders

Restricted Visitors

Millions of people visit Canada every year. Depending on their nationalities, their purpose of visit, or their documents, these visitors may need an eTA or a TRV to visit Canada. Some visitors, such as US citizens are exempt from holding an eTA or TRV. If you are not familiar with the concepts of eTA or TRV, read the following articles:

• What is an eTA (Electronic Travel Authorization)?
• How to Get a Visit Visa to Canada (Temporary Resident Visa – TRV)

What does happen at a port of entry?

If a person is entering Canada as a restricted visitor, a Border Services Officer interviews them at the port of entry (POE). They may then take any of the following decisions:

• Stay in Canada for a duration of six months: If the officer does not stamp your passport or does not enter a specific date of departure in your passport, you may stay in Canada for up to six months from the day of entry.
• Remain in Canada for a shorter or longer duration: The officer may indicate a specific departure date in your passport. Alternatively, they may issue a Visitor Record. The latter is a piece of paper that shows when you have to leave Canada and the potential restrictions you are facing. Consequently, you need to obey the restrictions and departure date on the Visitor Record.
• Leave Canada immediately: If upon the entry, you and the officer agree that you sign a voluntary withdrawal form, you need to leave Canada immediately. Alternatively, if you receive a Removal Order, your immediate departure is imminent. Despite receiving a Removal Order, sometimes you may stay in Canada for a few days.
• Stay in Custody: In exceptional cases, the officer may decide to detain a visitor for further investigation or due to violating the law. However, you have the right to hire a professional to help you out of the detention.

What are the restrictions?

A restricted visitor may not work or study in Canada. However, you may study in Canada if you meet the following criteria:

• The duration of studies is less than six months, and
• your courses are not part of a more extended educational program (e.g. a post-secondary diploma).

If the program you intend to study does meet the above requirements, then you need to apply for a study permit. Most people cannot apply for a study permit after entering Canada.  However, read the following article to see if you qualify:

• Applying for Study Permit within Canada

You may work in Canada as a restricted visitor only if your activity is exempt under the immigration law. For example, business visitors, some performing artists, and some professional athletes may work in Canada without a work permit. Read the following article for more information:

• Work in Canada without a Permit, Legally!

Don’t forget; you need to leave Canada before the expiry of your stay. However, you may extend your stay under particular circumstances. Read the following article for more details:

• Stay Beyond Six Months in Canada for eTA and TRV Holders and US Citizens

Temporary Foreign Workers

As a temporary foreign worker, you may remain in Canada and work. Regardless, consider the following:

• You have to obey all the restrictions posted on your Work Permit paper.
• IRCC expects you to leave Canada or extend your work permit before it expires.

Foreign workers may not study in Canada. However, if you immigrate to Canada and become a Permanent Resident of Canada, then you may study in Canada or continue to work in without a study or work permit.

International Students

As an international student, you may study in Canada under the conditions posted on your Study Permit paper. Most international students may also work in Canada on a part-time basis. This rule does not apply to minors who study in Canada. Consult with a professional for more details on working as an international student.

TRP Holders

TRP or rather a Temporary Resident Permit allows a person to stay in Canada, despite being inadmissible to Canada. Read the following article for more information about TRP:

• TRP – Temporary Resident Permit to Canada – A Remedy for Inadmissibility

Implied Status

If your status is about to expire, but you apply for an extension or change of status, you could remain in Canada under implied status. Read the following article for more information:

• Implied Status Extending Stay Canada

Removal from Canada

Canadian laws consider temporary residents as foreign nationals. Unfortunately, foreign nationals are vulnerable toward inadmissibility rules. Despite the validity of the stay, you may need to leave Canada if you become inadmissible. Of course, if you also reach the end date of your visit, you either need to leave Canada or extend your stay.

If you wish to visit or move to Canada or if you have encountered any issues with the immigration authorities, you may fill out our free assessment form or book a consultation session to assess your potential opportunities or offer you immigration, visa, or citizenship advice.

Al Parsai, MA, DTM, RCIC
Regulated Canadian Immigration Consultant
Ashton College Instructor – Immigration Consulting
Author – 88 Tips on Immigration to Canada

Disclaimer:
This article provides information of a general nature only. It may no longer be current. It does not give legal advice, nor should you rely on it as legal advice. If you have specific legal questions, you should consult a lawyer. If you are looking for immigration advice, book an appointment. All the characters in the articles are fictional, unless otherwise clearly stated. Any resemblance in names, dates, and places (whether individuals, organizations, regions, or countries) is coincidental.