Dear Miss Powell,
I took long leave from my job as a teacher, and I came to Canada in the summer on a visitor’s visa. I spoke to a lady who told me that I could come on my visitor’s visa and then I could apply for a work permit to stay in Canada as a live-in caregiver. We were hoping to consult with you about the work permit application and what to do, when I saw that you posted that visitors can no longer apply for work permit in Canada.
I was so shocked to see that. Now I’m confused and at a loss about what to do next. Can you tell me what my options are, as I have already taken the leave and spent the money to be in Canada?
I look forward to reading your response, as I also have another friend in the same boat. Thank you in advance for your help.
AG
Dear AG,
Immigration, Refugees and Citizenship Canada announced that effective August 28, 2024, visitors to Canada will no longer have the option to apply for work permit within Canada. This option was a policy which was implemented in response to the COVID-19 pandemic, and so the government has deemed in necessary to terminate the policy at this time.
The government has also announced that they are aware that several persons have been misled into believing that they can work in Canada without first obtaining a work permit. The cancellation of this process is an attempt at curbing such practices and protecting the integrity of the system.
Since you are already in Canada, your first step should be to meet with an immigration lawyer to explore your options. The options that would be available to you would be based on factors such as age, education, work experience, language ability, family in Canada, job offer from a qualified employer, and the amount of savings that you have.
The most popular option available to you while in Canada is the Express Entry System. This is assuming that you can qualify to enter the pool. You would need to be able to meet the requirements under programmes such as the Federal Skilled Worker, Federal Skilled Trade, Canadian Experience Class or Provincial Nomination Programme.
To qualify under any of these programmes, you will need to have the basic documents such as the language result and educational credential assessment report, if your studies were completed outside of Canada.
The most important thing is that you need to ensure that you remain ‘in status’ while you are in Canada. That means that as a visitor to Canada, you are usually granted a maximum of six months to remain in the country. You are required to leave at the end of that time. Additionally, you cannot work with a visitor’s visa. If you would like to remain longer than the granted six months, then you must apply to extend your time in Canada. You will need to provide tangible reason for the request, for your application to be approved. Your visitor permit cannot have expired at the time when you apply for any other permit or programme.
If your have the finances, you may consider the option of attending a Canadian school and applying for study permit. If you are granted a study permit, you will then have the option to work on a part-time basis while you attend school. If you pursue a qualifying programme, you could get a postgraduate work permit that allows you to remain in Canada and get valuable work experience, which makes it easier for you to obtain an invitation to apply for permanent residence.
If you have family in Canada such as a spouse, or a close family member who has no other relatives in Canada, there may be options for family sponsorship. With the support of a close family member, you may be able to qualify under one of the Provincial Nominee Programmes.
There are also programmes, such as the Start-up Business Class, Quebec Economic Classes, various Provincial Nomination Programmes, Atlantic Immigration Programme, Caregiver classes, Rural and Northern Immigration Pilot Programme, to name a few. I recommend that you and your friend contact a Canadian immigration lawyer to find out the best programme for you, based on your background and resources.
I know that the programme has ended abruptly and spoiled your plans. However, the key is to remain in status while you are in Canada. You should not risk being deported and lose the opportunity to be able to return to Canada.
You may need to simply return to your home country, and if you have a valid job offer with a supporting Labour Market Impact Assessment report, then apply from your home country to return to Canada when you have a valid work permit.
Deidre S. Powell is a lawyer, mediator, and notary public in Canada. You may connect with her on Facebook and Instagram. You may also call or WhatsApp 613-695-8777.
