Temporary resident permits are flexible and used to address exceptional circumstances. Primarily, when a temporary resident is inadmissible. Or, the foreign national becomes inadmissible. Temporary resident permits are classified as the temporary “fix” for inadmissibility.
The minister uses discretionary power to determine if the applicant should be granted status. The minister weighs the need to stay in Canada against the health or safety risks to Canadians. Further, conditions may be set if the temporary resident permit is granted. The holder of this permit must take care to not leave Canada without authorization. The applicant can loss their status.
A Temporary resident permits may be issued to:
- A foreign national who is inadmissible but would like entry to Canada.
- Has become inadmissible in Canada. Please click here for more information on inadmissibility.
- Is in Canada and is not eligible for restoration of status.
Temporary resident permits cannot be issued to:
- Someone whose claim for refugee protection has been rejected, withdrawn, or abandoned in the last 12 months.
- Someone who is considered a flight risk under s 245 IRPA.
Temporary Resident Permit’s – Study Permits
Some criteria and documents applicants must show for a temporary resident permit and study permit application are:
- Must be financially stable – ability to pay for living costs (for you and or your family who may join), tuition and transportation costs to and from Canada
- Must show a letter of acceptance to a designated learning institute
- Pass a medical examination
- Family members of diplomats or foreign accredited representatives
- Members of armed forces of a country designated for the purposes of the visiting forces act
- Persons seeking to enroll in a short term study program of six months or less
- Persons registered as Indians (s 188(1)(d))
Minors can be exempted if they are:
- Attending kindergarten
- Children who are refugees or refugee claimants or whose parents are
- Minor children who are already in Canada whose parents are studying or working in Canada. Can attend preschool, primary school or secondary school.
However, when children reach the age of majority and want to continue studying they must apply for a study permit.
When Minors travel alone they must apply for a study permit. The length of time varies. For grade one to eight the permit lasts one year. From grade nine to twelve the permit lasts for the duration of the program plus 90 days.
Furthermore, if a minor child is with parents who have long-term study or work permits the child’s study permit is issued for the same length of time as the parents permit. Or, the child’s passport, if it expires before the parents permit.
Study Permit Restrictions
An officer may vary, or cancel conditions on the study permit. The conditions are set on s. 185 of the IRPA. Some conditions are:
- Area of study and the educational institution where the studies will take place.
- Time and period of study and duration in Canada.
- Area the applicant is permitted to travel or is prohibited from travelling in Canada.
Working as an International Student
When is a work permit not required:
Although, international students must come to Canada with sufficient funds to pay for their education. Many international students may have to work to cover the funding required for their stay. Fortunately, students will not need to obtain a work permit for most part-time jobs. However, co-ops student will need to apply for a work permit.
Full-time students enrolled at designated learning institutes do not need a permit for on-campus work. This includes, but not exhaustive, graduate assistant, teaching assistant, or research assistant. Further, full-time students can work off-campus without a study permit for a maximum of 20 hours per week. However, during breaks this can change to full-time.
When a work permit is required:
Humanitarian reasons. Students can apply for a work permit if by reasons beyond their control, they become temporarily destitute. Circumstances can include war or upheaval of the banking system in the home country. If this occurs the student will be granted an open-work permit. This will usually allow them to work for the duration of their study permit.
Post-graduation Work Permit program. When a student is about to graduate from their program they can apply for an open work permit. this enables the student to seek and accept employment and work for any employer for a specified amount of time. This process exempts an employer from obtaining a positive labour market impact assessment (LMIA). Students who are not eligible for this program fall under the following categories. One, study program is less than eight months long. Two, the student has previously gone through the post-graduation work permit program. Three, the student received funding fro the department of foreign affairs, trade and development or participated in a similar award program. Finally, the student completed a distance learning program or a program of study that was under a designated learning institute.
Therefore, a student must meet the following requirement to obtain an open work permit under the post-graduate work permit program. One, the student must have continuously studied full-time in Canada at a post-secondary institution and graduated from a program that is longer than eight months. Two, the student must be in possession of a valid study permit upon submission of the work permit application. Three, the student should receive notice from the school that they will be eligible to obtain the diploma. Finally, the student must apply within 90 days of receiving written confirmation of completion.
Nonetheless, once the temporary resident permit is granted the work permit will be granted for the length of the program of study. However, it will not exceed three years.
Co-op or internship program. To be eligible for a work-permit the student should request a letter from their school. This letter should state that the work experience is vital to successfully completing their degree.
Post-doctoral Fellows or Research Award Recipients.
Foreign medical residents of fellowships. The applicant must have a degree that is equivalent to a Canadian medical doctorate. The program length should be tween two to seven years.
Consequently, the medical fellow must have the medical degree equivalent, be a specialist and have completed residency training. Further, they must be seeking to continue their specialized training or completing medical research at an advance level.
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