On 28th August 2024, the Immigration, Refugees and Citizenship Canada (IRCC) announced that they will now not allow people on visitor visa to switch to work or study permits citing bad actors were using the policy to mislead foreign nationals into working or studying in Canada without authorization. We will talk today on benefits of applying for study permit in the first instance if pursuing education is your goal in Canada (which can lead to work and settlement opportunities).
Canada is renowned for its world-class education system and vibrant job market, attracting people from around the globe who wish to study or work. However, if you find yourself in Canada on a visitor visa and are contemplating transitioning to a work or study permit, you might be surprised to learn that this process isn’t as straightforward as you might hope. Here’s a detailed look at why applying for a work or study permit while on a visitor visa isn’t typically allowed and what you can do instead. According to Immigration, Refugees, and Citizenship Canada (IRCC), this decision is part of their broader strategy to adjust the number of temporary residents and maintain the integrity of the immigration system.
Understanding the Visitor Visa
A visitor visa (officially known as a Temporary Resident Visa) is intended for individuals who wish to visit Canada temporarily for purposes such as tourism, visiting family, or attending short-term business meetings. It is not designed for those who want to stay in Canada for long-term or for employment or educational purposes. The conditions of a visitor visa are quite strict, and working or engaging in long-term study is generally prohibited under this visa category.
The Restrictions
- Purpose of the Visitor Visa: The visitor visa is meant for temporary stays. If you’re in Canada on this visa, you’re expected to leave once your visit is over. Therefore, the Canadian immigration system doesn’t allow you to switch to a study or work permit directly from a visitor visa while you’re in the country. This is to ensure that individuals are not using temporary visas to circumvent the proper channels for long-term residence and employment.
- Work and Study Permit Requirements: Both work and study permits have specific requirements that are fundamentally different from those of a visitor visa:
- Study Permit: To apply for a study permit, you must first be accepted by a designated learning institution in Canada. The institution needs to provide proof of your acceptance, and you must demonstrate sufficient funds to cover your tuition and living expenses.
- Work Permit: For a work permit, especially if it’s an employer-specific work permit, you need a valid job offer and, in many cases, an LMIA (Labour Market Impact Assessment) from your prospective employer.
- Legal Implications: With the recent update, attempting to switch from a visitor visa to a study or work permit within Canada is now not accepted. Immigration authorities scrutinize these applications closely to ensure compliance with regulations. Missteps or incorrect information can lead to delays or refusals, and in some cases, it might affect future immigration applications.
What You Can Do Instead
- Apply from Your Home Country: If you are on a visitor visa and wish to study or work in Canada, one common approach is to apply for the appropriate permit from your home country or another country outside of Canada. This often involves submitting your application to a Canadian consulate or embassy.
- Consult an Immigration Professional: If you’re considering changing your status while in Canada, it’s wise to consult with an immigration consultant or lawyer. They can provide guidance based on your specific situation and ensure that you’re following the correct procedures.
Choosing between a study visa and a visitor visa for Canada depends on your objectives, but a study visa often offers significant advantages for individuals planning to pursue educational opportunities and gain long-term benefits from their time in Canada. Here’s why one might opt for a study visa over a visitor visa:
1.Opportunity to Study:
Primary Purpose: A study visa (study permit) is specifically designed for individuals who want to pursue educational programs at designated learning institutions (DLIs) in Canada. It allows you to enrol in full-time studies, which is not permitted on a visitor visa.
Access to Education: With a study permit, you can attend courses, participate in academic programs, and obtain a degree, diploma, or certificate from a recognized Canadian institution.
2. Work Opportunities
On-Campus and Off-Campus Work: A study permit often grants you the ability to work on or off-campus while studying. This work experience can help support your studies financially and provide valuable Canadian work experience.
Co-op Programs and Internships: Many academic programs include co-op placements or internships. A study permit allows you to participate in these programs, which are crucial for gaining practical experience in your field of study.
3. Pathway to Permanent Residency
Canadian Experience: Studying in Canada can enhance your prospects of becoming a permanent resident. Canadian education and work experience can contribute to your eligibility for various immigration pathways, such as the Canadian Experience Class under Express Entry.
Post-Graduation Work Permit: After completing your studies, you may be eligible for a Post-Graduation Work Permit (PGWP), which allows you to work in Canada for up to three years, depending on the length of your program. This work experience can further improve your chances of obtaining permanent residency.
4.Extended Stay
Longer Duration: A study permit is valid for the duration of your academic program, plus an additional 90 days. This extended stay provides you with ample time to complete your studies and plan your next steps, unlike a visitor visa, which is typically issued for a shorter duration and doesn’t allow you to study full-time.
5. Legal Status and Compliance
Adherence to Regulations: A study permit ensures that you are in Canada legally for the purpose of studying, which aligns with Canadian immigration laws. Working or studying on a visitor visa could violate the conditions of your visa, potentially jeopardizing your status and future immigration applications.
Clear Pathways: The study permit provides a clear and legal pathway for studying and working in Canada, reducing the risk of complications that can arise from trying to transition from a visitor visa to a study or work permit.
6.Institutional Support
Student Services: Canadian institutions often offer various support services to international students, including academic advising, counselling, and career services. Having a study permit entitles you to access these resources, which can enhance your overall experience and success in Canada.
Engagement in Campus Life: With a study permit, you will be fully integrated into campus life, including participating in student clubs, activities, and networking opportunities. This involvement can enrich your experience and help you build connections within the Canadian community.
Conclusion
While Canada offers incredible opportunities for work and study, the rules governing visa transitions are designed to maintain the integrity of the immigration system. If you’re on a visitor visa and wish to extend your stay for work or study, understanding these limitations and preparing accordingly will help you navigate the process more smoothly. For the most accurate and tailored advice, always refer to the official Immigration, Refugees and Citizenship Canada (IRCC) website or seek professional guidance. Opting for a study visa over a visitor visa is a strategic choice if your goal is to pursue education, gain work experience, and potentially build a future in Canada. The study permit not only allows you to engage in academic and work opportunities but also provides a structured path toward permanent residency and long-term success in Canada.
If you are considering study in Canada, ensure your research the application requirements and deadlines for study permits. With Focus Education, turn that dream into reality with expert support every step of the way. From personalized counselling to help you choose the perfect program and institution, to comprehensive guidance on your study permit and immigration process, we ensure a smooth and successful journey. Our dedicated team assists with pre-departure preparation, so you arrive readily to embrace your new academic adventure.
Let Focus Education be your partner in making the most of your Canadian study experience. Start your path to academic and career excellence with confidence and clarity. Your future in Canada begins here!
