Temporary Resident Visas allow foreign nationals to enter Canada on a temporary basis. We provide representation for our clients to enter Canada in the following areas:

Working in Canada

Visitors for Business and Pleasure

Student Permits

Live-in-Caregiver Applications

Work permits are usually required for individuals who are neither Canadian citizens nor permanent residents engaging in most types of employment in Canada. Temporary workers must also meet the requirements that apply to all temporary residents in order to come into Canada, including medical and security clearances.

Most Work Permits are employer-specific and cannot be used to work in another company. Should the employment be terminated, the Foreign National must apply for a new Work Permit in order to work in a new position. In some cases, a Foreign National may receive an “open” Work Permit, which will allow them to work in any position, and for any employer in Canada.

Business Entries

In limited circumstances, individuals may enter Canada to engage in activities that do not require a work permit. Business visitors engaging in these limited activities, religious workers, and emergency workers are examples of those who do not require work permits. An exhaustive list and the description of activities permitted appears in section 187 of the Immigration and Refugee Protection Regulations.

 

Business visitors may enter Canada to work without having to apply for a work permit. In order to qualify as a business visitor, individuals must demonstrate that they are entering Canada to pursue business activities that fall outside of the Canadian labour market. The principal place of business must remain outside of Canada and their primary source of remuneration must also originate from outside Canada. Business visitors must maintain a foreign residence and be paid by an entity outside Canada. The business visitor category is wide in scope, but not every activity qualifies for a business visitor visa. Generally, activities that reflect components of a business cycle will be accepted for business visitor purposes. Examples include entering Canada to perform after-sales service contracts, general service contracts, activities related to research and design, growth, manufacture and production, marketing, sales, and distribution. Trainers, Intra-company training, and installation activities are also covered.

HRSDC Confirmations

Human Resources Skills Development Canada (HRSDC), now Service Canada, is the government authority responsible for labour market concerns. Immigration officers are asked to consider its expertise with respect to advice regarding a labour market opinion. HRSDC considers factors such as whether the foreign worker will have a neutral or positive effect on the Canadian labour market, whether the potential foreign worker will be able to transfer skills to Canadians, or whether employing the individual in Canada would be beneficial. HRSDC may also evaluate whether an employer has taken steps to recruit Canadians for the position.

An application to Human Resources Development Canada is a two-part process. Upon receiving a positive labour market confirmation from Human Resources Development Canada, an application for a Work Permit, is necessary, and is filed with a Canadian Consulate or Embassy, or at the port of entry if permitted.

Sikand Law can provide assistance in processing temporary business visas under GATS, the Immigration and Refugee Protection Act (Canada), and various NAFTA categories such as business visitors, professionals, and intra-company transferees.

Visitors

Generally tourist or business visitor visas to Canada are issued for a maximum period of six months, with an option to extend the visa. Applicants must demonstrate that they have sufficient funds to support themselves and their dependants during their stay, be in good health and hold valid travel documents.

Individuals who are not Canadian citizens or permanent residents of Canada require a study permit in order to study in Canada. Study permits are not needed for programs that are six month or less in duration, for courses that are not academic, professional or vocational in nature, for incidental courses included in tourist packages, or for children attending nursery schools and kindergartens. In order to qualify for a study permit, individuals must demonstrate to Citizenship and Immigration Canada that they have been accepted by an educational institution and that they have sufficient funds to support themselves and any family members for the duration of their study program.

Prospective students must not have criminal records and they may be required to submit police clearance certificates as well as undergo medical examinations to prove that they will not burden Canada’s health system. Once individuals have been accepted as students, they may work on campus without a work permit but are generally restricted from seeking any other employment. Immediate family members of students such as spouses, common law partners, and dependant children can accompany the student to Canada for the duration of the study permit. Spouses may apply for their own work permits while they are in Canada and children may apply for their own study permits.

 

Live-in Caregivers

The objective of Canada’s Live-in Caregiver Program is to temporarily fill live-in caregiver positions left vacant by the local workforce. It gives foreign workers an opportunity to apply for permanent resident status in the country after working for at least 24 months as a live-in caregiver on a valid work permit during the first three years following their arrival. This generally means 24 months of continuous employment with one employer, but it can also involve more than one employer and not be continuous.