Tag: Visitor Status

How Long Can I Stay In Canada As A Visitor?

Author: Cassandra Fultz, RCIC Date: 2021/05/20

Usually, 6 months. However, how long you can stay in Canada as a visitor once you have entered the country is at the discretion of Canada Border Services Agency (CBSA). NOTE: How long a visitor visa is valid has absolutely no impact on how long a person can remain in Canada – the validity period of a visa in a passport is permission for boarding a plane or crossing the Canadian border only, and does not impact how long the holder can remain in Canada.

If you are a permanent resident or citizen of Canada, then of course you never have to leave. If you are a worker or student, then you have to apply to extend your status or leave Canada prior to the expiry date of your work permit, study permit, or before the date you have been advised by Canada Border Services Agency if you are allowed to work or study without a permit.

The rules are not always as straightforward for a visitor.

How long a visitor can remain inside Canada is determined by CBSA upon the person’s entry to Canada. Nearly every visitor is allowed to stay for a maximum of 6 months once they have entered Canada. However, this is not a universal rule.

When Visitors Must Leave Before 6 Months Is Over

CBSA will ask questions to every person who enters Canada. If the person is a visitor, CBSA can determine that they are only allowed to stay for a certain period of time. This period of time may be less than 6 months if the CBSA officer believes that the visitor may not leave Canada when they are supposed to. In this case, the CBSA officer would issue the visitor what’s called a Visitor Record at the time of their entry. A Visitor Record is a paper document indicating the expiry date of the person’s visitor status, and the visitor must either leave Canada by that date, or must submit an application to extend their visitor status by that date.

As long as the application to extend is submitted on or before the expiry date of their status, the person may continue to remain in Canada legally until a decision is made on their extension application. This is called implied or maintained status. You can find more information about implied/maintained status here.

When Visitors Can Stay In Canada Longer Than 6 Months

Just as CBSA can force a visitor to leave sooner than 6 months, they can also allow a visitor to stay for longer than 6 months. This is most common when visitors are entering with their spouse or common-law partner who is a Canadian citizen or permanent resident. For example, when the couple plans to submit a sponsorship application in the near future, CBSA will sometimes allow the foreign partner to be issued a Visitor Record for 12 months.

Super Visa

If the visitor is the holder of a Super Visa for parents and grandparents of Canadian citizens and permanent residents, then they are allowed to enter Canada for up to 2 years at a time rather than up to 6 months at a time. They can also apply for an extension of up to 2 years from inside Canada.

Applying for a Visitor Record from Inside Canada

Regardless of how long you have been allowed to enter Canada for as a visitor, you can always submit an application to extend your status. This is the case regardless of whether you have been given 6 months, 12 months, 90 days, or 1 week to stay in Canada as a visitor. As long as you apply to extend before your status expires, then you are still legally in Canada.

In order for a visitor extension application to be approved, the applicant needs to be able to demonstrate why they need to stay in Canada longer (such as to submit their In-Canada sponsorship application), and that they have the money to support themselves without working, as well as meeting the other eligibility requirements.

If your application to extend visitor status is approved, then a Visitor Record will be issued and sent to you via Canadapost. Then you can apply to extend your status as a visitor again if necessary – you may continue to apply to extend your status as a visitor indefinitely until the application is refused. It is possible to remain in Canada as a visitor for years. However, if you receive a visitor record that is valid for only 30 days (or less) by the time it is approved, this is a warning that you are remaining in Canada for too long as a visitor and that the next application to extend will likely be refused.

What if I am the spouse or common-law partner of a Canadian citizen or permanent resident?

Being the spouse or partner of a Canadian citizen or PR does not confer any special privileges in terms of how long you can remain in Canada. All of the above information still applies to you, and you can continue to apply to extend your stay from within Canada. You can also apply for permanent residence from within Canada under the spouse or common-law partner in-Canada Class.

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Tags: Visitor Status, visitor visa

Public Policy To Allow Restoration of Temporary Status Beyond 90 Days Extended To August 2021

Author: Cassandra Fultz, RCIC Date: 2021/01/01

Restoration of Status Beyond the Usual 90 Day Period

Due to the continued impact of covid-19 on temporary residents in Canada, including workers, students, and visitors, IRCC has extended its mandate from July 14, 2020 to exempt temporary residents in Canada from certain requirements.

Workers, students, and visitors continue to be exempt from the requirement to restore their status within 90 days of their expiry, and will be allowed to restore their status if they have already expired until August 31, 2021 (this year).

In order to be able to restore to valid status, the applicant must:

Have held valid status as a worker, student, or visitor on or after January 30, 2020 (last year)
Have had their status expire between January 31, 2020 (last year) and May 31, 2021 (this year)
Not have left Canada since their status expired

This mandate was set to expire on December 31, 2020 (yesterday) and has now been extended to August 31, 2021 (this year).

This means that if your temporary status expires any time between January 31, 2020 (last year) and May 31, 2021 (this year), then you will have until August 31, 2021 (this year) to restore your temporary status.

Authorization to Work

This public policy also allowed those who previously held temporary status which expired between January 31, 2020 (last year) and May 31, 2021 (this year) to work while their application for restoration of status as a worker is processed.

In order to be eligible to work while the application to restore status as a worker is in process, the applicant must:

Have held a valid work permit in the 12 months prior to their application AND
Have a valid job offer AND
Have applied for an LMIA-based work permit OR have applied an LMIA-exempt work permit
Have submitted a request to IRCC, and received authorization, to work while the application is in process

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Tags: Restoration, temporary status, Visitor Status

How To Retire In Canada From The US Or Abroad

Author: Cassandra Fultz, RCIC Date: 2020/11/03

You did it! You made it to retirement! After all the years of hard work, dedication, and saving, the time has finally come. Deciding where to spend your time during your retirement is not a decision to be taken lightly. Canada can be seen as a new adventure for many Americans during their retirement. Here are some ways retired Americans can spend their days in the true north.

Temporary Residents (Visitors)

U.S. citizens are able to cross in and out of Canada with only a passport. Americans can stay in Canada for 6 months at a time once they enter, unless CBSA (Canadian border officers) advise otherwise. While inside Canada, Americans can purchase or lease property, open accounts for household bills, have private insurance accepted by Canadian doctors and do certain types of volunteer work in the community. Some provinces, such as Ontario, even allow visitors to Canada to obtain a provincial photo ID card to use as photo ID accepted in Canada. Some banks also offer options for Americans.

In the past few years, Canada has seen a trend of “reverse snowbirds,” or Americans who spend half of their time in Canada and the other half back home in the US.

As visitors, Americans are not allowed to work, and are only allowed to take an educational course less than 6 months long which would finish by the time they were supposed to leave Canada as directed by CBSA.

If you are an American visiting Canada and you want to stay longer than the usual 6 months, then you do not need to return to the US and then re-enter Canada. Instead, you can apply to extend your status as a visitor from within Canada. As long as you submit your application before your status expires, then you continue to have legal status known as implied status.

Get Sponsored For Permanent Residence

Canada’s immigration system is geared toward younger individuals making a new life in Canada, and then contributing their tax dollars for the majority of their lives. If an American retiree has a child or grandchild that has used many of the other immigration streams widely available to them to make a permanent home in Canada, the child or grandchild is able to sponsor their parent or grandparent for permanent residence in Canada.

The requirements for the child or grandchild are simple. They must:

Be at least 18 years old
Live in Canada
Be a Canadian citizen or permanent resident
Be able to prove they meet the minimum financial and other requirements to be a sponsor

First, sponsors have to prove that they meet the above requirements. Then, the individuals being sponsored, have to prove that they are the relatives of the sponsor and are admissible to Canada (do not have medical problems which would constitute excessive burden on the healthcare system, and do not have criminal convictions). The applications take approximately two years to process once they are submitted. Just remember, the sponsor will be financially responsible for their parent or grandparent for the next 20 years if they sponsor them to Canada.

The parental and grandparental sponsorship lottery is now closed for 2020. However, it will reopen in 2021 with a cap of 30,000 applications, up from 10,000 in 2020.

Come out of retirement!

Coming out of retirement is just as big of a decision as going into retirement, but if the retiree makes the choice to go back into the work force, then the economic immigration streams are now open to them.

Start-up Visa for Business Owners

There are Canadian investors from designated organizations who want to invest their money in startups in Canada with foreign ownership. These investors must meet a minimum investment requirement to invest in the foreign business. Once the Canadian investor has found a foreign business they would like to invest in, they must have a commitment certificate and a letter of support for the foreign business. Once the Canadian investor does their portion of the application process, the foreign business owner can apply to become a permanent resident. The foreign business owner must send their application before the commitment certificate expires and include it in their application along with the letter of support. The great news is, once the permanent residence application is in process, the foreign business owner can apply for a temporary work permit in Canada.

Self-Employed Individuals

Self-employed individuals who work in athletic or cultural activities who will contribute to the enrichment of Canada’s culture or athletic scene can apply to become a permanent resident in Canada. While the definition of the program might sound vague and simple, there are strict requirements to prove the self-employed person’s true ability to provide entertainment for Canadians.

The applicant must be truly self-employed and have their abilities be recognized by the world, such as a professional athlete, actor, social media influencer, dancer, artist, or writer. The applicant must have a minimum of 2 years of experience in their field but will also be assessed on experience over the minimum two years, as well as their education, age, English or French language abilities, and their ability to adapt to life in Canada. The applicant will also have to pass medical examinations and police checks.

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Canada welcomes Americans with open arms. Contact us to see which is the best way for you to retire in Canada.

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Tags: Express Entry, sponsorship, usa, Visitor Status

COVID-19: Restoration of Status Beyond Usual 90 Day Period AND Work Allowed During Restoration

Author: Cassandra Fultz, RCIC Date: 2020/07/15

Restore Your Status Beyond Normal Restoration Period of 90 Days After Expiry

In light of the impact that COVID-19 has had on Canada’s temporary residents such as visitors, students and workers, Immigration Refugees Citizenship Canada (IRCC) issued a new public policy on July 14, 2020. This new and extremely beneficial public policy temporarily relaxes the regulations regarding the restoration of temporary status after the expiry of a work permit, study permit, or visitor status.

Typically, any temporary resident who loses their status has only 90 days to submit an application to restore their status as a visitor, student or worker as long as they meet the other eligibility criteria. If an individual does not apply to restore their status within 90 days, there is no option to restore and the individual must leave Canada.

Starting immediately, any visitor, student and worker who lost their status ON or AFTER January 30, 2020 and subsequently did not apply to restore their status within 90 days, is now eligible to restore their status regardless of the fact that the 90 day period has lapsed. Furthermore, applicants who find themselves in this situation have until December 31, 2020 to restore the status.

Work While Restoration Application Is In Process

In addition to the above, IRCC also released another public policy regarding previous work permit holders who have lost their status. Normally, once temporary residence has expired, workers are not allowed to work until their status has been restored with the approval of a restoration application. This can take several months, which means the loss of thousands of dollars in income for expired workers.

Now, due to covid-19, an individual who previously held a work permit but has since lost their status, is now authorized to return to work while they wait for a decision on their restoration application.

In order to be eligible under this public policy, applicants must meet all of the following criteria:

They previously held their work permit within last 12 months preceding their application to restore,

AND

have a valid job offer based on a LMIA or LMIA exempt offer of employment,

AND

have submitted a restoration application for an employer specific work permit.

Both of the above public policies will come as welcome news to thousands of visitors, students and workers across Canada who have struggled due to the impact of Covid-19.

If you think that any of the information above is relevant to you and you require additional information, please contact us to book a consultation.

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Tags: covid-19, Restoration, study permit, Visitor Status, Work Permit

How Coronavirus COVID-19 Will Affect Your Canadian Immigration

Author: Cassandra Fultz, RCIC Date: 2020/03/19

UPDATED MARCH 23, 2020

The Coronavirus (COVID-19) pandemic which is sweeping the globe has left everybody with more questions than answers. Temporary residents in Canada are stressed and confused, and have no idea how the current situation will affect their Canadian immigration. We have listed the most common questions we have been asked during this crisis to hopefully alleviate some of the doubt and confusion

I have a biometrics appointment, citizenship test, or other immigration appointment. Is it cancelled?

Yes – all non-essential services pertaining to IRCC matters have been cancelled until further notice. This means all in-Canada landing appointments, citizenship tests, interviews, refugee claimant appointments etc. are cancelled.

Service Canada locations providing biometrics services are all closed.

Is the VAC closed?

The VAC is not providing any centralized information regarding coronavirus and how it is affecting their operations. Almost all Visa Application Centres abroad are closed.

If you have an appointment to provide biometrics or other information, you will be contacted to reschedule the appointment.

It is recommended that you contact your local VAC to confirm whether they are closed before proceeding to any scheduled appointment.

IRCC has confirmed that no application will be refused due to failure to meet deadlines for provision of information such as biometrics due to coronavirus.

I hold a Canadian Visa, Study Permit, Work Permit or Visitor Record, Can I return to Canada?

Yes, anyone who holds a valid work or study permit and visa (if applicable) can travel to Canada. Anyone who returning to Canada are instructed to self-quarantine for 14 days.

My permanent residency was approved and I received my Confirmation of permanent Residency (COPR), can I come to Canada to activate it?

Yes, if your permanent residency application was approved before March 16th, who have their COPR and Visa (if applicable), can travel to Canada. Please note that per government instructions, you will need to self isolate for 14 days after you arrive in Canada

My Confirmation of Permanent residency document is due to expire, what should I do?

If you are unable to travel to Canada prior to the expiry of your confirmation of permanent residency document, you must submit a case specific enquiry to IRCC informing them of the reason why you were unable to travel to Canada. IRCC will bring your case forward once travel restrictions have been lifted. IRCC has explicitly stated that no one’s application will be refused because they were unable to travel due to coronavirus. We highly recommend you take screenshots of your case specific enquiry prior to submitting.

I am a worker or student in Canada, can I claim employment insurance? (EI)

Yes, if you are not a Canadian citizen OR permanent resident, you may still be eligible for Employment Insurance (EI). If you are or have been employed in Canada and have contributed to EI through your tax deductions, you may be eligible for employment insurance if you

were employed in insurable employment;
lost your job through no fault of your own;
have been without work and without pay for at least seven consecutive days in the last 52 weeks;
have worked for the required number of insurable employment hours in the last 52 weeks or since the start of your last EI claim, whichever is shorter;
are ready, willing and capable of working each day;
are actively looking for work (you must keep a written record of employers you contact, including when you contacted them).

Please note that some of the criteria may be subject to change in light of the coronavirus. Some individuals who are self-employed may also be eligible for government assistance. To determine whether you are eligible, please visit the Canadian government website.

My application has been submitted and is currently in process. Will the Coronavirus create processing delays?

There has been no official statement regarding this matter, however it is almost certain that the current coronavirus pandemic will have an extreme negative impact on processing times no matter the type of application you have submitted, and regardless of whether the application is being processed overseas or within Canada. Furthermore, there is no way to determine how long the coronavirus may effect processing times. Please check the Canadian government website for current processing times keeping in mind that they are more then likely subject to change.

I am on implied status, will the coronavirus affect my status?

No, as long as you submitted your application using IMM5708, IMM5709 or IMM5710 prior to the expiry of your previous study permit, work permit or visitor stamp/record, you may continue to remain in Canada on the same conditions of your last status permit/record regardless of the expiry date. As processing time will likely be affected, this means that you could be on implied status longer than you originally expected until a decision on your application is eventually received.

My status expired. Can I still apply to restore my status?

As long as your status expired within 90 days, you can apply to restore your status. If your status has been expired for more than 90 days, you can apply for a TRP to regain legal status in Canada.

I am on implied status, am I eligible for provincial health coverage? OR

I have no status in Canada and I am illegal, am I eligible for provincial health coverage?

As all health coverage is provincially regulated, you will need to contact your local provincial service center to see if you are eligible for health coverage. Please note that some provinces do not issue health coverage while on “implied status”. If you are unable to receive health coverage you should look at alternative option such as private health insurance. Please make sure you read the policy to ensure that the private health coverage covers “pandemics” and will also issue you while you are not in your country of citizenship. Furthermore, if you cannot afford private medical insurance, there are several Canadian charities and organization who can advise and assist you.

Note: Regardless of whether or not you have provincial health coverage or medical insurance, private insurance or company benefits, any person in Canada has the right to medical treatment or care should it be required. If you are sick or ill and you need medical assistance you should go to your nearest emergency room/hospital, or in more serious circumstance’s call 911. Please carefully follow the government instructions for people showing symptoms of coronavirus.

Due to the Coronavirus situation, I am unable undergo an immigration medical exam, submit my passport, provide biometrics, provide a police certificate as requested by IRCC. What should I do?

Any and requests for applicants to submit their passport, provide biometrics, undergo a medical examination, provide a police certificate or provide any other document will be given 90 days automatically instead of the usual 30 days, regardless of what your letter states. Should you be unable to submit these documents within 90 days, you must submit a case specific enquiry to IRCC informing them of the reason you could not submit the document requested. For the immediate future, no application will be refused or cancelled because of a missed deadline or missing document. Please be sure to always enclose a letter of explanation.

I received my Invitation to Apply (ITA) through Express Entry, however I am unable to obtain all of the required mandatory documents prior to the 60 day timeframe because of the Coronavirus, what should I do?

You must proceed to submit your PR application within the 60 day period with as many documents you can obtain. Any document you are unable to obtain, ie, proof of medical, police certificate, you must upload a letter of explanation in place of the required document, detailing the reason why you were unable to obtain the document in question. Should you manage to obtain the document after you have submitted your application, you can either submit the document through case specific enquiry OR upload the document only if IRCC have requested it and have created a space in your application to upload it. Until then your application will be held until further notice.

I must return to my home country because my family member is ill or has passed away, what should I do?

You must first see if your country of citizenship has imposed travel restrictions and check to see if there are any available flights available from Canada. We strongly advise that you contact your nearest consulate or embassy representing your country of citizenship for advice and assistance.

I am a visitor in Canada and I have applied overseas for a work permit or study permit which is in process, however, due to the coronavirus it is delayed and my visitor status in Canada is due to expire. What should I do?

You must submit an application to extend your stay as a visitor in Canada online BEFORE your current visitor status expires. You can explain the situation in a letter and upload it as part of your application. You should also reference the work/study permit application number that you are awaiting a decision on.

I need to activate my IEC work permit, but I can’t due to the Coronavirus, what should I do?

If you are currently in outside of Canada and you have received a decision on your IEC application and your port of entry letter, you should wait until the travel restrictions have ended, then come to Canada and activate your work permit.

If you are currently in Canada, you should not leave Canada until the travel restrictions have ended. If your current status is due to expire before you can activate your IEC work permit, you must submit an application to extend or change the conditions of your current status BEFORE it expires. Please note that an IEC approval letter does not give you status. It is also important to note that you have 1 year to activate your IEC work permit from the date of the approval letter.

I was scheduled to take my citizenship test or citizenship oath, but everything has been cancelled due to the Coronavirus, what should I do?

All citizenship tests and ceremonies have been cancelled in light of the Coronavirus. If you have received your letter confirming your appointment for your test or oath. You do not need to take action as IRCC will contact you with a new appointment once normal service resume.

I am sponsoring or want to sponsor my spouse, common-law partner, child, or other family member. Due to coronavirus, I have been laid off and need to apply for Employment Insurance (EI). Can I still sponsor them.

Yes – there is a bar against being on social welfare if you are applying to be a sponsor. However, receiving employment insurance (as well as being on disability) is not considered social welfare. You may continue to sponsor your family member even if you are in receipt of EI.

If you are the applicant and have been approved for PR, you are allowed to apply for EI assuming that you meet the eligibility requirements. If you apply for EI during the time of your sponsor’s undertaking for you, the sponsor does not have to pay this money back as it is not considered social welfare. If you pay EI premiums as an employee in an insured job, then you are entitled to apply for EI.

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Please note that the information contained in this article is accurate as of the time and date of publication. However, circumstances may change suddenly and without warning. The information contained in this article does not constitute legal advice. It is strongly recommended that you consult with a professional regarding your immigration situation before making any decisions which could impact your status. Doherty Fultz Immigration Inc. is not liable for any action taken based upon general information contained on this site without retaining DFI as representative.

If you need to extend or restore your status, or have questions about how coronavirus will affect your Canadian immigration, contact us.

Tags: coronavirus, PR, Visitor Status, Work Permit

When Visitors Must Leave Before 6 Months Is Over

When Visitors Can Stay In Canada Longer Than 6 Months

Super Visa

Applying for a Visitor Record from Inside Canada

What if I am the spouse or common-law partner of a Canadian citizen or permanent resident?

Restoration of Status Beyond the Usual 90 Day Period

Authorization to Work

Temporary Residents (Visitors)

Get Sponsored For Permanent Residence

Come out of retirement!

Start-up Visa for Business Owners

Self-Employed Individuals

Restore Your Status Beyond Normal Restoration Period of 90 Days After Expiry

Work While Restoration Application Is In Process

UPDATED MARCH 23, 2020

I have a biometrics appointment, citizenship test, or other immigration appointment. Is it cancelled?

Is the VAC closed?

I hold a Canadian Visa, Study Permit, Work Permit or Visitor Record, Can I return to Canada?

My permanent residency was approved and I received my Confirmation of permanent Residency (COPR), can I come to Canada to activate it?

My Confirmation of Permanent residency document is due to expire, what should I do?

I am a worker or student in Canada, can I claim employment insurance? (EI)

My application has been submitted and is currently in process. Will the Coronavirus create processing delays?

I am on implied status, will the coronavirus affect my status?

My status expired. Can I still apply to restore my status?

I am on implied status, am I eligible for provincial health coverage? OR

I have no status in Canada and I am illegal, am I eligible for provincial health coverage?

Due to the Coronavirus situation, I am unable undergo an immigration medical exam, submit my passport, provide biometrics, provide a police certificate as requested by IRCC. What should I do?

I received my Invitation to Apply (ITA) through Express Entry, however I am unable to obtain all of the required mandatory documents prior to the 60 day timeframe because of the Coronavirus, what should I do?

I must return to my home country because my family member is ill or has passed away, what should I do?

I am a visitor in Canada and I have applied overseas for a work permit or study permit which is in process, however, due to the coronavirus it is delayed and my visitor status in Canada is due to expire. What should I do?

I need to activate my IEC work permit, but I can’t due to the Coronavirus, what should I do?

I was scheduled to take my citizenship test or citizenship oath, but everything has been cancelled due to the Coronavirus, what should I do?

I am sponsoring or want to sponsor my spouse, common-law partner, child, or other family member. Due to coronavirus, I have been laid off and need to apply for Employment Insurance (EI). Can I still sponsor them.

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