Canadian Immigration: Temporary Residents and Temporary Resident Status

BACKGROUND

Under Canadian immigration law, a Temporary Resident is someone who is admitted to Canada on a temporary basis for a specified period of time but who does not have the right to remain as a Permanent Resident.

There are three “classes” of Temporary Residents:

• Visitors. This category includes tourists, Business Visitors and persons performing Work Permit Exempt Activities.
• Foreign Workers on Work Permits.
• Foreign Students on Study Permits and those who do not require a Study Permit.

GENERAL ADMISSIBILITY REQUIREMENTS

The General Admissibility Requirements are minimum requirements that all foreign nationals must meet in order to be admitted to Canada as Temporary Residents.

1. Temporary Resident Visa. If you are a foreign national and you wish to enter Canada to visit, do business, work or study, you must have a Temporary Resident Visa unless you are a Visa Exempt Foreign National.
2. Passport. You must have a valid passport which will permit you to return to the country which has issued it. Note that citizens or permanent residents of the United States may be admitted with a US birth certificate, certificate of citizenship or green card.
3. No Public Health Concerns. There are no public health reasons (e.g., the existence of a medical condition which would impose an excessive demand on Canada’s health services) that prevent you from being admitted to Canada. IMPORTANT: In certain circumstances, you may be required to take a medical exam prior to entering Canada. For more information, read about Canadian Immigration Medical Examinations.
4. No Criminality or National Security Concerns. There is no public safety or security reasons (e.g., the existence of a criminal record or national security concerns) that prevent you from being admitted to Canada.
5. Proof of Funds. You must have sufficient funds to cover your expenses while in Canada and to pay the cost of returning to your home country.
6. Temporary Entry Only. You must intend to enter Canada on a temporary basis only and you must intend to leave Canada at the end of the period authorized for your stay.

You may also be required by the visa officer to provide documentary information relating to the purpose and duration of your trip to Canada. For example, if you are entering as a business visitor you may be asked to provide a letter of invitation from the Canadian individual or organization that you plan to visit containing details of your planned trip to Canada. If you are entering Canada to study or work, you may be asked to show your Work Permit or Study Permit.

CONDITIONS OF ENTRY

If you are admitted to Canada as a Temporary Resident, you will normally be subject to the following conditions:

• You must leave Canada once the period of time that you are authorized to stay in Canada has ended.
• You may not work or become employed unless you have a Work Permit, or unless the work that you are performing is a Work Permit Exempt Activity.
• You may not undertake a study program without a Study Permit unless the program is less than six months in duration.

TEMPORARY RESIDENT STATUS

If you are admitted into Canada as a temporary resident, you are considered under Canadian immigration law to have "Temporary Resident" status while you are in Canada. There are different types of Temporary Resident status such as foreign student, foreign worker, business visitor or visitor.

In some instances, your status will be evidenced by a formal “status document” such as a Study Permit or a Work Permit. In other cases, for example, if you are admitted as a Business Visitor, there is no formal status document issued and, instead, an entry stamp will be made in your passport to document your status.

DURATION AND RENEWAL OF TEMPORARY RESIDENT STATUS

Temporary Residents may be admitted to Canada for up to six (6) months. However, the visa officer at the port of entry has discretion to limit or extend the permitted period of time that you may remain in Canada as a Temporary Resident depending on the purpose of your visit and the length of time that you are actually required to be in Canada to accomplish what you intend to do. For example, if you have been issued a Work Permit or a Study Permit you will normally be admitted as a Temporary Resident for the duration of your Work Permit or a Study Permit.

Temporary Residents who are lawfully in Canada may apply from within Canada to renew their Temporary Resident status without having to leave the country.

READ MORE . . . about Temporary Resident Visas about Work Permit Exempt Activities about Work Permits about Confirmation Exempt Work Permits about Penalties for Failing to Obtain a Work Permit about Student Visas about Canadian Immigration Medical Examinations

Disclaimer: The information contained on this site is intended to educate members of the public generally and is not intended to provide legal or professional advice or solutions to individual problems. If you require legal advice or assistance, you should consult a Gaertner Tobin LLP lawyer at info@GTLLP.com.