Temporary Residence

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What is Canadian temporary resident status?

Foreigners who have Canadian temporary resident status are allowed to visit, work or study in Canada for a limited amount of time. To obtain and maintain Canadian temporary resident status, foreigners must meet the legal requirements to enter and remain in Canada as a visitor, student, worker or temporary resident permit holder.

After an application for Canadian temporary resident status was submitted to an Immigration, Refugees and Citizenship Canada (IRCC) office, the visa officer will decide whether to approve the request and the border officer will determine whether to admit the foreigner on a temporary basis while imposing various terms (e.g. length of stay). Furthermore, temporary residents must comply with general conditions (e.g. to leave Canada by the end of authorized stay; not to study or work without permission, etc.).

According to demand, IRCC processes temporary resident applications under the following categories:

Foreigners from visa-required countries who seek to visit Canada, may apply for a temporary resident visa (TRV) to enter and stay in Canada for up to six months. In contrast, a super visa allows parents and grandparents to join their children and grandchildren in Canada for up to two years. Generally, visitors are not allowed to work, but may study, if the duration of the program is six months or less.

Foreigners from visa-required countries must have a valid passport and a TRV to be permitted to enter and re-enter Canada. A TRV is a counterfoil (sticker) issued by a visa officer that is placed in the passport to indicate that the holder may become a temporary resident on admission to Canada.

As noted, a TRV does not guarantee admission to Canada. However, it permits a foreigner to travel to a Canadian port of entry (POE) by air, sea or land; to request admission to Canada. Finally, a border officer will decide whether to grant entry.

Foreigners from visa-exempt countries must obtain electronic travel authorizations (eTA), if they want to fly to or transit through Canada by air. Applying for an eTA is an inexpensive online process (C$7 per person). Generally, eTA approvals are sent via email within minutes and are valid for five years.

Foreigners who wish to study in Canada for more than six months, may apply for a study permit (SP). If granted, the SP will be valid for the duration of the period of study, generally up to four years. Full time students may work part time during their studies.

Generally, foreigners who want to work in Canada, need to obtain a work permit (WP). The duration of a work permit will be tied to the length of the contract offered by the Canadian employer, usually one or two years.

Generally, a visitor cannot be granted an initial WP or SP from an IRCC office within Canada. If approved, the applicant must leave Canada and re-enter to receive a permit at the POE. Sometimes, however, temporary residents may change the category from within Canada.

Temporary resident status may be extended by written request. For example, visitors may apply to IRCC to extend their stay in Canada. If approved, a visitor record (VR) with a new expiry date will be issued.

As long as the renewal application was submitted before the expiry date, the temporary resident will benefit from implied status. Temporary residents under implied status may remain in Canada under the same conditions until a decision is made.

When temporary residents have overstayed, they may be eligible to apply for restoration of status within 90 days of loss, if they continue to comply with the initial conditions. Otherwise, they must depart Canada.

Inadmissible foreigners need special permission to enter or remain in Canada. A temporary resident permit (TRP) is only granted in extraordinary cases. To overcome inadmissibility, the officer must be convinced that the reasons for allowing to enter and stay in Canada outweigh any health and safety risks to Canadian society.

Temporary resident status may be extended by written request. For example, visitors may apply to IRCC to extend their stay in Canada. If approved, a visitor record (VR) with a new expiry date will be issued.

Permanent Residence

Your Forever Home Canada! – Canada’s vision of a free, safe and prosperous country draws immigrants from all corners of the world.
Since October 31, 2016, the Government of Canada is increasing its ambitious immigration levels by welcoming 300,000 new permanent residents in 2017, 310,000 newcomers in 2018, 330,000 immigrants in 2019, 340,000 in 2020, 401,000 in 2021, 411,000 in 2022 and 421,000 in 2023 – primarily, through Economic and Family Reunification Programs. The benefits of immigration lie in balancing the effects of a greying nation while strengthening Canada’s economy.
What is Canadian permanent resident status?

Foreigners who have Canadian permanent resident status are allowed to make Canada their home. Permanent residents may live, work and study in Canada as long as they keep their status. To obtain and maintain Canadian permanent resident status, foreigners must meet the legal requirements to enter and remain in Canada as permanent residents.

After an application for Canadian permanent resident status was submitted to an Immigration, Refugees and Citizenship Canada (IRCC) office, the visa and immigration officers will decide whether to approve the request and the border officer will determine whether to admit the foreigner on a permanent basis. Furthermore, permanent residents must comply with the residency obligation (e.g. physical presence in Canada for a minimum of 730 days in a five-year period, etc.).

According to annual caps (2016 – 2023: 250,000 to 421,000 immigrants per year), IRCC processes permanent resident applications under the following classes:

  1. Family Classes (Family and Spousal Sponsorship).
  2. Economic Classes (Express Entry: Skilled Worker, Trade, Canadian Experience Class; Provincial Nominee and Business Immigrant).
  3. Refugee and Humanitarian and Compassionate Considerations Classes.
  4. Temporary Resident Permit Holder Class.

Foreigners who intend to move to Canada, may apply for a permanent resident visa (PRV) to live in Canada. Permanent residents enjoy social benefits similar to Canadian citizens; however, they are not allowed to vote, hold a Canadian passport, hold a position requiring a high-level security clearance or run for elected office: these rights are reserved for Canadian citizens.

Foreigners from visa-required countries must have a valid passport and a PRV to be permitted to enter and stay in Canada. A PRV is a counterfoil (sticker) issued by a visa or immigration officer that is placed in the passport to indicate that the holder may become a permanent resident on admission to Canada.

Foreigner from visa-exempt countries must have a valid passport and a Confirmation of Permanent Residence (COPR) to be admitted to Canada. A COPR is a white, legal size document issued by a visa or immigration officer.

As noted, a PRV/COPR does not guarantee admission to Canada. However, it permits a foreigner to travel to a Canadian port of entry (POE) by air, sea or land; to request admission to Canada. Finally, a border officer will decide whether to grant entry by reviewing new facts (e.g. criminal charges, marriages, birth of a child).

After landing, IRCC will mail the permanent resident card (PRC) to the newcomer’s home address within three months. The PRC is a wallet-sized, plastic card and used as a status and travel document.

It is best practice to renew the PRC every five years.

When permanent residents do not fulfill their residency obligation, they loose their status; must leave Canada.

Grounds of inadmissibility may also lead to loss of permanent residence.

Permanent residents who no longer wish to reside in Canada may give up their permanent resident status.

Citizenship

How to Obtain Canadian Citizenship?

Canada adopted three methods to confer citizenship: ius soli (citizenship by place of birth), ius sanguinis (citizenship by bloodline) and naturalization (citizenship by law).

Canada adopted several methods to confer citizenship:

  1. Citizen by birth on Canadian soil
  2. Citizen by descent
  3. Citizen by way of grant (naturalization) or resumption
  4. Direct citizen by way of grant to persons adopted by a Canadian citizen

Generally, a person may acquire Canadian citizenship in three ways:

1. By birth in Canada,
2. By birth outside Canada to a Canadian, or
3. By grant.

Proof

In case of status uncertainty, the individual should refer to “See if you may be a citizen” by IRCC. To ensure that the candidate is a Canadian, the person should apply for a citizenship certificate (proof of citizenship).

Canadian citizenship is granted to permanent residents, after they fulfilled the requirements established by the Citizenship Act.

If adults (at least 18 years old) want to apply for a grant of citizenship, they must have permanent resident status in Canada. Further, adults must have been physically present in Canada for at least 1095 days (three years) out of the last five years before the application.

When assessing whether the applicant meets the residency requirement, keep in mind the following four rules:

1. Every day of physical presence as a permanent resident counts as one day.

2. Every day of residency as a temporary resident or protected person computed as a half day; accumulating to a maximum of 365 days.

3. Time spent serving a sentence or under a probation order in Canada is not considered.

4. Furthermore, government employees and their family members may use time spent outside Canada.

Tips
To calculate the physical presence in Canada, the prospects should record their trips outside Canada in a travel journal.

The best practice is to apply with more than 1095 days of physical presence to avoid any problems with the calculation.

Last but not least, applicants between the ages of 18 and 54 must demonstrate sufficient knowledge in English or French, pass the citizenship test and take the citizenship oath.

Canadian citizenship may be lost only for two reasons: renunciation and revocation.

Renunciation
If Canadian citizens give up (renounce) their Canadian citizenship, they must apply to terminate citizenship. After a senior citizenship judge granted the requests to renounce Canadian citizenship, the applicants lose their rights (right to enter/remain, vote and hold public office in Canada) and privileges (issuance of a passport) as Canadian citizens. Consequently, they will not have status in Canada any longer.

Revocation
The Minister of Citizenship and Immigration (Immigration, Refugees and Citizenship Canada) may remove (revoke) Canadian citizenship as long as the person will not be rendered stateless, for the following two reasons: fraud or misrepresentation. The waiting period for re-applying for Canadian citizenship is ten years.

Since 1977 Canada allows multiple citizenships (dual citizenship). Hence, permanent residents are permitted to become Canadians while retaining their previous nationality.

Specimen

Follow the link to see examples of Canadian citizenship certificates.

Federal Court
If the individuals are not satisfied with the decision of the Immigration Refugees and Citizenship Canada (citizenship officers) or the Citizenship Commission (citizenship judges), they may apply to the Federal Court for leave and judicial review as a self-represented litigant or with the assistance of a lawyer.

Enforcement and Appeals

How to Appeal Canadian Immigration Decisions?

Presently, the right to appeal Canadian immigration decisions is not available in all cases.

Immigration and Refugee Board of Canada
The Immigration and Refugee Board of Canada (IRB) is an independent administrative tribunal that makes decisions on immigration and refugee matters in Canada. It consists of four divisions:

1. Immigration Division (ID),
2. Immigration Appeal Division (IAD),
3. Refugee Protection Division (RPD), and
4. Refugee Appeal Division (RAD).

The Immigration Division holds admissibility hearings and detention reviews for people who are facing removal from Canada.

Admissibility Hearing – Detention Review
The member (decision-maker) of the Immigration Division conducts hearings regarding admissibility of permanent residents and foreigners, and review of immigration detentions.

The Minister of Public Safety and Emergency Preparedness is represented by a hearings officer who will present the case pro removal, detention or inadmissibility. The individual may self-represent or retain an immigration professional (lawyer, Canadian immigration consultant, paralegal in Ontario and notary in Quebec) to assist with the proceeding.

The Immigration Appeal Division hears four types of immigration appeals:

1. family class sponsorship,
2. removal order,
3. residency obligation, and
4. appeals by the Minister of Public Safety and Emergency Preparedness.

Sponsorship Appeal
A permanent resident or Canadian citizen whose application to sponsor a family member to Canada was refused by Immigration, Refugees and Citizenship Canada (IRCC) may appeal to the Immigration Appeal Division.

Removal Order Appeal
Permanent resident visa holders, permanent residents, refugees or protected persons, who have received a removal order, may lodge a removal order appeal.

Residency Obligation Appeal
Permanent residents who have been found by a Canadian visa office that they did not meet their residency obligation, may make a residency obligation appeal (loss-of-permanent-residence appeal).

Minister’s Appeal
The Minister of Public Safety represented by a hearings officer may appeal to the Immigration Appeal Division against a decision made by the Immigration Division at an admissibility hearing holding that the individual may remain in Canada.
The appeal process begins with filing the Notice of Appeal (form) at the Immigration and Refugee Board of Canada registry within the time limit. The appellants have the right to be represented by counsel (lawyer, Canadian immigration consultant, paralegal in Ontario and notary in Quebec) at their own expense. Further, they have the right to an interpreter and may call witnesses to support their case.

Federal Court
If the individuals are not satisfied with the decision of the Immigration Appeal Division, they may apply to the Federal Court for leave and judicial review as a self-represented litigant or with the assistance of a lawyer.

Generally, foreigners, temporary residents and permanent residents can be found inadmissible to Canada. Hence, the inadmissible person is not allowed to enter and / or remain in Canada.

Rehabilitation
The individual must apply for rehabilitation to overcome criminal inadmissibility with respect to offences committed outside Canada. To be exempted, the person must show that at least five years have passed since the completion of the sentence (imprisonment, fine, probation, etc.).

Temporary Resident Permit
Otherwise, the individual may request a temporary resident permit (TRP) before entry to Canada. A temporary resident permit (minister’s permit) is only issued in extraordinary circumstances.

Authorization to Return to Canada
During the inadmissibility assessment one of the three following types of removal orders may be issued:

1. departure order,
2. exclusion order, and
3. deportation order.

Departure Order
The individual must leave Canada within 30 days after the departure order has been enforced. Upon re-entry an authorization to return to Canada (ARC) is not needed. If the person did not leave on time, the departure order turns into a deportation order.

Exclusion Order
The person is barred from entering Canada for one year and needs a written authorization to return to Canada within the one-year period after the removal order has been enforced. In misrepresentation cases, one is not allowed to return to Canada within five years, unless authorized in writing.

Deportation Order
One is barred for life, unless authorized to return to Canada.

Explore Canada! – Canada’s vision of a free, safe and prosperous country draws migrants from all corners of the world.

Foreigners who have Canadian temporary resident status are allowed to visit, work or study in Canada for a limited amount of time. To obtain and maintain Canadian temporary resident status, foreigners must meet the legal requirements to enter and remain in Canada as a visitor, student, worker or temporary resident permit holder.

After an application for Canadian temporary resident status was submitted to an Immigration, Refugees and Citizenship Canada (IRCC) office, the visa officer will decide whether to approve the request and the border officer will determine whether to admit the foreigner on a temporary basis while imposing various terms (e.g. length of stay). Furthermore, temporary residents must comply with general conditions (e.g. to leave Canada by the end of authorized stay; not to study or work without permission, etc.).

According to demand, IRCC processes temporary resident applications under the following categories:

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