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Temporary Entry

Temporary residents may be authorized to enter and stay in Canada for purposes such as visiting, working, or studying on a temporary basis. Navigating the process effectively requires choosing the right strategy tailored to your specific circumstances. With over 500 different categories and subcategories for temporary residency, it is essential to understand the options and requirements. At BARTLAW LLP, our experienced immigration lawyers provide expert guidance through this complex legal framework, ensuring that your application is handled with precision to increase your likelihood of success.

Applications for temporary status are becoming increasingly complex, with heightened requirements and significant risks if not prepared with knowledge of the various relevant regulations. At BARTLAW LLP, we assist clients by ensuring that all documentation is complete and that they meet the legal requirements for a smooth and successful entry and stay.

 

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.

  • Electronic Travel Authorization (eTA)
  • Temporary Resident Visas
  • Visitor Records
  • Study Permits
  • Labour Market Impact Assessments (LMIA)
  • Work Permits
  • Work Permit Exempt Business Visitors
  • Remote Work Authorization
  • Accompanying family members
  • Public policy applications

Electronic Travel Authorization (eTA)

An Electronic Travel Authorization (eTA) is a mandatory entry requirement for visa-exempt foreign nationals traveling to Canada by air. Linked electronically to the traveler’s passport, the eTA permits temporary visits for tourism, business, or transit. While most eTAs are processed swiftly, it is critical to ensure the accuracy of the application. Canadian and U.S. citizens and permanent residents (among others) are exempt from requiring an eTA.

Temporary Resident Visas (TRV)

A temporary resident visa (TRV) is an official document issued by a Canadian visa office that permits foreign nationals to enter Canada for a limited time, when they are not eligible for an eTA. TRVs are required for individuals intending to visit, study, or work in Canada temporarily. A TRV alone does not confer legal status in Canada; it only allows entry. For those planning to study or work, additional permits (study or work permits) may be required prior to travel.

Visitor Records

A visitor record allows individuals already in Canada to extend their stay beyond the original entry period. Unlike a visa, a visitor record does not grant entry but allows continued legal presence in Canada for tourists and for other valid reasons. These highly discretionary applications must be submitted before status expires to avoid any interruptions in legal status.

Study Permits

A study permit is required for foreign nationals wishing to pursue education in Canada. Applicants must first be accepted by a Designated Learning Institution (DLI) and demonstrate sufficient financial resources, as well as the intent to leave Canada upon completing their studies. The Canadian international student program is constantly evolving, particularly in terms of application requirements and eligibility, part-time work eligibility, post-graduation work permit eligibility, and admission limits. It is crucial to submit a comprehensive application and remain in compliance with immigration regulations throughout the duration of the study period.

Work Permits

An LMIA is a document that Canadian employer may require to hire a foreign worker. The LMIA application process is cumbersome because the employer must demonstrate that hiring foreign nationals will not negatively affect the Canadian job market. Employers must meet specific advertising and reporting requirements, in addition to making commitments to protect the Canadian workforce and the foreign worker. There are over 20 different LMIA categories, each with their own regulatory and/or policy requirements. An approved LMIA is typically required before a foreign national can apply for a work permit.  An LMIA-based work permit application will require substantial proof related to the requirements for the specific LMIA obtained, in addition to meeting the normal regulatory work permit requirements.

Work Permit-Exempt Business Visitors

In some cases, individuals may qualify to enter Canada without a work permit if they are engaging in specific activities such as after-sales service, guest speaking, or emergency repair work. While these individuals may not require a work permit, they must still secure the proper authorization to enter and work in Canada.  Securing the authorization involves a port of entry application with documentation.  At BARTLAW LLP, we equip employers and their foreign workers with the necessary authorization application package so that they may enter Canada to complete their assignment.

Remote Work Authorization

Foreign nationals can work remotely for non-Canadian employers while physically located in Canada without requiring a Canadian work permit, if their activities do not involve entering the Canadian labor market. We help ensure compliance with Canadian immigration regulations for individuals seeking remote work arrangements and prepare the necessary entry application documentation to maximize success of approval.

Accompanying Family Members

Certain temporary residents may bring their spouses and dependent children to Canada to study or work. Eligibility depends on factors such as the foreign worker’s occupation or the student’s age and/or program of study. Spousal work and study privileges vary based on labor market conditions and immigration policies, so staying informed about current regulations is essential.

Public Policy Applications

Canada occasionally implements temporary programs in response to crises, conflicts, or labor shortages. Examples include the Canada-Ukraine Authorization for Emergency Travel and temporary policies allowing international students to work more than their regular part-time hours per week. BARTLAW LLP is current on these changes and helps clients benefit from these programs without compromising their other immigration options.

At BARTLAW LLP, we ensure our clients have the legal support they need to successfully navigate the intricacies of Canadian temporary residency laws and policies.