Temporary Canadian Visas
Temporary entry can be broken down further into three branches:
1. Temporary Residents/'Visitors'
Visitors are temporary residents who come to Canada neither to study nor work. Visiting can of course have various purposes, from the simplest form of someone who is just a tourist, to those coming for a business visit. Anyone who is not a student or worker will be put into this broad category.
Technically, anyone seeking to come to Canada as a visitor must obtain a temporary resident visa at a Canadian Visa Post (Embassy, Consulate or High Commission dealing with immigration matters) before entering Canada. Nationals of certain countries, including the United Kingdom, have r been exempted from this requirement. However, this does not mean that British citizens are immune from the enforcement of Canadian immigration law. Indeed, anyone appearing at a Canadian port of entry (anywhere where one enters Canada, either at an airport, sea port, or land crossing) must justify his or her entitlement to enter Canada, and may be questioned as to the reason for seeking entry.
Canadian immigration officials have the right to deny entry whenever they feel that it would be in violation of Canadian immigration law, for instance, in a case where there is concern that the person may be inadmissible due to a criminal problem, or if there is concern that the person would not leave at the end of the visitation period (often granted for six months initially).
2. Students
Those wishing to study in Canada must meet some further requirements, and must generally obtain the visa for studying before arriving in Canada. First, a student must have an acceptance to a Canadian educational institution. Certain institutions will not qualify, and it will be necessary to check with a Canadian Visa Post or immigration professional before making application.
As a student, you will also have to demonstrate your ability to support yourself while in Canada - perhaps with a sum of some $10,000 to $15,000 or more - and the intention to return when studies are concluded. It is again important to note that a student visa is temporary and applicants must convince an officer that it is not their intention to remain in Canada permanently. That being said, it is possible to extend student visas after arriving in Canada, as the educational programme proceeds from year to year or other time frame, or if there is a change of institution. Eventually, however, the visa will end.
Students in some cases will also be entitled to a non-renewable one-year work permit at the conclusion of their programme to work in their field of study.
3. Workers
This is perhaps the most asked about, and misunderstood, aspect of Canadian immigration. People often say, if they can't get permanent residence, they will just come to work temporarily. Unfortunately, it's not that easy. A temporary work permit is not a substitute for permanent residence, or a lesser form of permanent residence. It is sometimes more difficult to get a temporary work permit than permanent residence.
The usual process
Subject to exemptions discussed later (which should be tried first when possible), the general procedure to obtain a work permit is as follows.
Canada's policy, as indicated, is 'net benefit to Canada'. A foreigner can work in Canada only when this is justified, and may include issues as to whether there is no Canadian to fill a position. Therefore the process begins with the employer.
According to the legislation which took effect 28 June 2002, an employer must establish a number of factors to an officer of Human Resources Development Canada before a 'positive labour market opinion' can be provided, which is the precursor to a work permit application. The HRDC officer will consider factors including:
- whether the work is likely to result indirect job creation or job retention for Canadians (Canadians includes citizens and permanent residents)
- whether the work is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadians
- whether the work is likely to fill a labour shortage
- whether the wages and working conditions offered are sufficient to attract and retain Canadians
- whether the employer has made or has agreed to make reasonable efforts to hire or train Canadians
- whether the employment of the foreign national is likely to adversely affect settlement of a labour dispute.
Once HRDC provides a positive labour market opinion, a foreign worker may then proceed to apply for a work permit at the appropriate Canadian Visa Post (or in some cases, port of entry). The worker will need to substantiate that his or her credentials meet the requirements of the job in question. Obviously, as well, a temporary work permit is indeed temporary, generally issued for an initial period of one year, and renewable thereafter - if the reason for the renewal can be substantiated.
