Understanding Temporary Residence

Every immigration program in the world would be divided into 2 categories: temporary residence and permanent residence. Canada is no different. 

Canadian temporary residence applications include:

• Visitor visa

• Business visitor visa

• Study permit

• Work permit

• Temporary resident permit

Temporary residence assumes that your intention of coming to Canada is temporary - you will be here for a certain period of time and then you will go back to your home country. 

When IRCC officers review temporary residence applications, first and foremost they must be satisfied that your intention is of temporary nature. This is why we encourage our clients to include documents showing assets in their home country and write a personal statement letter to outline the reason for travel to Canada and when you intend on going back home. 

It gets trickier with study or work permit applications because most of the time, the intention is to stay in Canada and transition to permanent residence. 

This is where a lot of us use section 22 of the Immigration and Refugee Protections Act, also known as “Dual Intent” - a foreign national is not prohibited from becoming a permanent resident as long as the officer is satisfied that they will leave Canada by the end of their authorized stay. 

In other words, if you are applying for a study permit and your intention is to stay here permanently, in your study permit application you must provide supporting documents showing that you will respect your conditions as a temporary resident and leave the country if you must. 

Proving Temporary Intent 

No matter what temporary residence application you are applying under, documents to prove temporary intent are more or less the same:

1. Assets in the home country such as property or vehicle ownership

2. Financial ties such as long-term investment accounts or mortgage 

3. Family, social or employment ties

4. Future employment prospects in home country

5. Previous records of international travel and approved visas

6. Any other supporting document you can think of to supply with your document package

Now, just because you’ve submitted all of these documents and your application is pristine - it still won’t guarantee an approval. 

The truth is: some countries have higher refusal rates than others. Factors that can come into play are:

• Economic or political conditions

• Prevalence of fraudulent documents or incorrect information 

• Trends on overstaying

• Biases and perceptions 

Different visa offices in different parts of the world will also have internal politics on which cases will be more likely approved and which cases will be more likely refused.

This means that if the application was prepared in an excellent matter, you are still under the scrutiny of an immigration officer who will make the final decision

Should the application be unfairly refused, you can choose to re-submit the application or work with an immigration lawyer to file an application to overturn the decision with the federal court of Canada. 

Different Types of Temporary Residence

There are 5 different types of temporary residence statuses in Canada - they all serve a different purpose and will require different sets of documents. 

A visitor visa allows you to come to Canada as a tourist, a guest, etc. You will be allowed to stay for 6-months after entry and you can apply to extend your stay for another 6 months from inside Canada if this is what you need. 

For a visitor visa, you need someone from Canada to officially invite you and offer an invitation letter. A visitor visa, also known as Temporary Resident Visa per IRCC terms, is only required to visa-required nationals.

Visa-exempt nationals (most nationals who hold European passports for example) are required to apply for an Electronic Travel Authorization which is a lot more linear and won't require the same amount of documents as a visitor visa application.

If you are visiting to attend a conference, then you might be better off applying for a business visitor visa. 

A business visitor visa is perfect for business people, entrepreneurs, or professionals who are coming to Canada to explore potential business opportunities, attend (or host) specialized trainings, and attend professional conferences. 

While you could stay up to 6 months, it is very important to mention in the application the exact or approximate duration of your stay. 

Considering that business visitors come to Canada with a specific purpose, there is always an agenda of events that is associated with their stay. 

Visitors are not allowed to work in Canada and earn wages. 

A study permit speaks for itself - it is for anyone who is coming to Canada to study. It applies to any level of schooling where the program is over 6 months in duration. Depending on the student’s circumstances, document requirements will be different. 

Students who are coming to pursue higher education are allowed to work on and off campus with their study permit.

During scheduled academic terms, the limit is 24 hours per week and during scheduled breaks there are no limits. 

A work permit is distinctly separated into 2 categories - open and closed (also known as employer-specific). 

Open work permits allow individuals to work in any industry and in any profession, while closed work permits are restrictive to a specific company, location and occupation. 

Open work permits are issued only in the following circumstances:

1. Eligible graduates of post-secondary institutions (post-graduate work permit)

2. Spouses or common-law partners of students or work permit holders (special considerations apply depending on the circumstance)

3. Special temporary public policy (for example, Ukrainian nationals who were escaping war) 

4. Spouses or common-law partners in Canada who filed a sponsorship application

5. Vulnerable/abused workers who previously held a closed work permit

6. Refugee claimants or Humanitarian & Compassionate applicants*

*H&C applicants can apply for an open work permit after the approval in principal letter comes through. 

A closed work permit is issued in the following circumstances:

1. A job offer + positive LMIA decision letter

2. A job offer + LMIA-exempt code 

3. Business people and entrepreneurs applying for SUV (Start Up Visa) or a PNP (Provincial Nominee Program) 

To extend any work permit, specific conditions will apply depending on the type of work permit you have and whether you applied for permanent residence or not. 

Last but not least: Temporary Resident Permit.

This is a special consideration for individuals who are found to be inadmissible to Canada but must travel for a specific reason. As I don’t handle these matters, you can find more information about it on the official IRCC website.