Temporary Immigration
A temporary resident may be authorized to enter and remain in Canada to visit, work, or study in Canada temporarily.
Choosing the best strategy for your particular situation is critical to your success. The Canadian immigration regulations and policies contain over 500 different temporary resident, work permit, and other non-immigrant categories and subcategories. Our lawyers will navigate this complex landscape of Canadian legislation for you to determine the best way for you to achieve your immigration goals.
To determine which visa and/or temporary status option may be available, please review the categories below. Our firm is available to assist and answer any questions you may have concerning the vast array of Canadian visas.
- Temporary Resident Visas
- Study Permits
- Work Permits
- Temporary Resident Permits
- Electronic Travel Authorization (eTA)
Temporary Resident Visas
Canadian visitor visas are issued to tourists or business visitors to Canada where the foreign national will not enter or participate in the Canadian labour market.
Certain individuals entering Canada may qualify as ‘work permit-exempt’, and may engage in specific activities in Canada without requiring a work permit. However, those individuals must still apply for a visitor visa. Some examples of work permit-exempt activities include: after-sales service of equipment, emergency repair personnel, guest speakers, members of the clergy, and intra-company training.
Visitor visas are a simplified and convenient solution to many foreign worker entry problems. They allow Canada to issue visitor visas in a number of circumstances where work permits would otherwise be required.
Study Permits
Individuals seeking to study full-time in Canada must have an offer of acceptance to a full-time program at a recognized educational institution. In addition, they must be able to demonstrate financial resources to support themselves for at least the first year of study. They must also demonstrate an intention to leave Canada after they have completed their studies.
While pursuing their full-time studies, study permit holders are authorized to work up to 20 hours per week, on or off campus. During regularly scheduled school breaks, such summer vacation, students are permitted to work full-time. However, at all times students must be actively pursuing their full-time education at a recognized educational institution.
Work Permits
In order to obtain a work permit, the principal applicant must have received a job offer to work in Canada. Our visa services are designed to minimize the need for work permits whenever possible, by facilitating entry of foreign nationals through the use of visitor visas whenever permitted by law.
Labour Market Impact Assessment
A job offer from a Canadian employer is required in order to obtain an LMIA (Labour Market Impact Assessment) Work Permit. These work permits involve a bifurcate application process: 1) an LMIA application through Service Canada, and 2) a work permit application to the correct processing post (which varies according to circumstance) once the LMIA is issued. In order to obtain an LMIA-based work permit, the applicant must demonstrate that no qualified Canadian citizen or permanent resident could be found to fill the position.
NAFTA, GATS and CAFTA Work Permits
These are international treaty work permits designed to facilitate the intra-national transfer of citizens of the signing countries. Citizens of the US, Mexico and Chile qualify for simplified work permit procedures under certain subcategories. All of the above agreements incorporate facilitated entry of professionals and intra-company transferees.
Intra-Company Work Permits
Companies that have branches, subsidiaries, parent companies or affiliates in Canada (50%+ ownership) may obtain work permits for executives, senior or functional managers or specialized knowledge professionals in their corporation, under certain circumstances. Criteria include one year of demonstrable employment at the company by the applicant within the past three years.
In-Home Caregiver Program
Caregivers may apply to provide in-home care in private households in Canada for children and people with high medical needs, including the elderly, disabled, and people with chronic or terminal illnesses. A job offer is required and educational/experience requirements will vary based on the position. In-home caregivers are normally admitted for an initial two-year period which they can renew from within Canada. After successfully completing two years of full-time caregiving in Canada or a total of 3,900 hours within four years of arriving in Canada, they may be eligible to apply for permanent residence.
Temporary Resident Permits
Those who have been convicted of a crime are inadmissible to Canada. Those with medical conditions that are likely to be a danger to public health or public safety, or might reasonably be expected to cause excessive demand on health or social services, may be medically inadmissible to Canada.
When individuals are inadmissible to Canada for either medical or criminal reasons, their inadmissibility may be overcome by the issuance of a temporary resident permit (TRP). For example, if a skilled worker seeks to enter Canada but has a criminal history, he or she may apply for a TRP in addition to a work permit.
Individuals applying for a TRP must demonstrate that their need to enter or stay in Canada outweighs the health or safety risks they pose to Canadian society.
Knowingly failing to disclose one’s criminal or medical inadmissibility to the border agent amounts to a misrepresentation of a material fact, which could result in a five-year ban from Canada as well as detainment. Consequences become more severe each time an individual fails to disclose material facts.
Electronic Travel Authorization (eTA)
Travellers to Canada by air must now obtain an Electronic Travel Authorization prior to travelling. Failure to do so may result in being refused entry onto the airplane. The application costs CAD$7.00 and can be completed online. Most eTA applications are approved within minutes of applying. An eTA is not required in the following exceptional cases: US citizens, travellers with a valid Canadian visa, and travellers entering Canada by land or sea. Canadian citizens and permanent residents do not require an eTA and cannot apply for one.
“Jacqueline Bart is an excellent immigration lawyer in Canada. Jacqueline is a specialist in immigration law certified by the Law Society of Upper Canada. She is a frequent writer and speaker on immigration law; and more importantly, I can personally attest her awesome client service.”
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“Thank you very much for your participation in the Employing Foreign Workers program. I am aware of the time and effort you put into preparing and participating in the conference. The response we receive from [the delegates] was very positive. They found the presentations to be both informative and valuable and felt that they gained practical insights from attending the conference. We look forward to inviting you to participate in future programmes and thank you again for helping to make this conference a success.”
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When Canada introduced the eTA for entry to Canada, I knew I would be barred future entry due to a 30-year old criminal conviction. I decided to seek legal advice and, by sheer luck, found Jacqueline Bart of immigration law firm, BARTLAW. Jacqueline recommended I apply for rehabilitation from the Canadian government. Her associate lawyer, Annsley Kesten, presented a strong and thorough application on my behalf, vetting all testimonials and suggesting areas and documentary proof that would strengthen my case. Not only did Jacqueline and Annsley support me during the whole process, they also gave strong encouragement not to give up. After two years my rehabilitation was approved, something that I believe would never have happened without their professional insight and robust efforts. I am truly grateful to them both.