Frequently Asked Questions

The validity of a work permit can vary depending on the specific case, but it generally cannot exceed the length of your passport’s validity.

Yes, in certain circumstances, you can apply for a work permit from within Canada.

For most work permits, you need a job offer from a Canadian employer. However, there are open work permits that do not require a job offer.

An LMIA is a document that a Canadian employer may need to obtain before hiring a foreign worker, to prove that there is a need for a foreign worker to fill the job and that no Canadian worker is available to do the job.

Yes, your spouse or common-law partner may be eligible for an open work permit if you have a valid work permit for a skilled position.

Yes, you can apply to extend your work permit if you wish to continue working in Canada beyond the original expiry date.

The Global Talent Stream is part of the Temporary Foreign Worker Program and allows certain skilled workers to obtain a work permit quickly, often within two weeks of applying.

The IMP allows employers to hire foreign workers without an LMIA. Work permits under the IMP are issued pursuant to an exemption from the LMIA requirement.

If you have a closed work permit, you are restricted to working for the employer specified on your permit. To change employers, you would typically need to apply for a new work permit.

Yes, you can work on-campus or off-campus for up to 20 hours per week during regular academic sessions and full-time during scheduled breaks if you meet certain conditions.

You must first be accepted by a Designated Learning Institution (DLI) in Canada. Then, you can apply for a study permit online or at a Canadian visa office.

Yes, your spouse or common-law partner and dependent children may accompany you to Canada and may be eligible for a work permit or study permit.

A DLI is a school approved by a provincial or territorial government to host international students.

You must stop studying and leave Canada or apply to extend your study permit if you wish to continue your studies.

Yes, you can leave and re-enter Canada if you have a valid study permit and a valid entry document, such as a temporary resident visa or an Electronic Travel Authorization (eTA), if required.

The PGWPP allows students who have graduated from eligible Canadian DLIs to obtain an open work permit to gain valuable Canadian work experience.

Yes, you must prove that you have enough money to pay for tuition fees, living expenses for yourself and any family members who come with you to Canada, and return transportation for yourself and any family members.

Yes, you can apply to renew your study permit if you are continuing your studies and your permit is about to expire.

The validity of a PGWP can range from eight months to a maximum of three years, depending on the length of your study program.

No, to be eligible for a PGWP, you must have been a full-time student in Canada in each academic session of the program or programs of study you completed and are using to qualify for the work permit.

No, you do not need a job offer to apply for a PGWP.

You should apply for a PGWP within 180 days of receiving written confirmation (like a transcript or an official letter) from your institution that you have met the requirements for completing your academic program.

Yes, if you had a valid study permit when you applied for your PGWP, you can work full-time while waiting for a decision on your work permit application.

Yes, but you may need to apply for a new entry document, such as a temporary resident visa or an eTA, to return to Canada.

No, the PGWP is not renewable. Once it expires, you cannot extend it or get a new one.

Yes, your spouse or common-law partner may be eligible for an open work permit for the duration of your PGWP.

Yes, Canadian work experience gained through the PGWP may help you qualify for permanent residence through programs like the Canadian Experience Class (CEC) within Express Entry.

Most visitors can stay for up to six months in Canada. The border services officer at the port of entry will determine the length of your stay and may provide you with a visitor record indicating the date by which you must leave Canada.

Yes, you can apply to extend your stay as a visitor before your current status expires.

If you are from a visa-exempt country, you do not need a TRV to enter Canada as a visitor. However, you may need an Electronic Travel Authorization (eTA) if you are flying to or transiting through a Canadian airport.

No, you cannot work or study on a TRV unless you have the proper permits to do so.

You can apply for a TRV online or on paper by submitting a completed application to a Canadian visa office.

You will need a valid passport, proof of financial support, photos, and other documents depending on your individual circumstances.

Yes, you can visit family or friends in Canada with a TRV.

If you are legally in Canada on a valid study or work permit, you can apply for a new TRV to return to Canada before you leave.

If your TRV application is refused, you will receive a letter explaining why. You can reapply if you can address the reasons for refusal and provide new information.

A Super Visa is valid for up to 10 years and allows for multiple entries into Canada.

Applicants must provide proof of their relationship to the Canadian citizen or permanent resident, undergo a medical examination, have valid Canadian medical insurance coverage for at least one year, and provide a letter of invitation from their child or grandchild in Canada, among other requirements.

No, Super Visa holders are not allowed to work in Canada.

You must show that your child or grandchild in Canada meets a minimum income threshold, known as the Low Income Cut-Off (LICO).

Super Visa holders can study in Canada, but if the program of study is longer than six months, they will need to apply for a study permit.

Yes, your spouse or common-law partner can be included in your Super Visa application.

If your Super Visa application is refused, you will receive a letter explaining the reasons for the refusal. You can address these reasons and reapply if your situation changes.

Yes, you can apply to extend your stay in Canada as a visitor before your current status expires.

Yes, you must have proof of private medical insurance from a Canadian insurance company that is valid for at least one year from the date of entry and offers a minimum coverage of $100,000 for healthcare, hospitalization, and repatriation.

Express Entry is an online system used to manage applications for permanent residence from skilled workers through certain economic immigration programs.

The CRS is a points-based system that assesses and scores a candidate’s profile to rank them in the Express Entry pool. Points are awarded for factors such as age, education, work experience, language proficiency, and other factors.

Yes, you can include your spouse or common-law partner and dependent children in your application.

The PNP allows Canadian provinces and territories to nominate individuals who wish to immigrate to Canada and who are interested in settling in a particular province or territory.

The AIPP is an immigration program that aims to attract skilled workers to Atlantic Canada and to match them with local employers.

The FSWP is for skilled workers with foreign work experience who want to immigrate to Canada permanently.

The CEC is for skilled workers who have Canadian work experience and want to become permanent residents.

Applicants must demonstrate proficiency in English or French, and the required level varies by program.

Processing times vary by program and individual circumstances but can range from a few months to over a year.

You must prove that you can provide the basic needs for yourself and the family members you are sponsoring.

Yes, you can sponsor your spouse or common-law partner for permanent residence whether they are living with you in Canada or abroad.

The length of financial responsibility varies depending on the relationship but is typically 3 years for spouses, common-law partners, and conjugal partners, and 10 years or until the age of 25 for dependent children.

Yes, you can sponsor your parents or grandparents for permanent residence in Canada through the Parents and Grandparents Program (PGP).

The PGP allows for permanent residence, while the Super Visa allows parents and grandparents to visit for up to two years at a time on a long-term, multi-entry visa.

Yes, you can sponsor your adopted child or a child you intend to adopt.

The process involves submitting a sponsorship application and a permanent residence application for your family member(s).

You may be able to sponsor your brother, sister, nephew, niece, or grandchild if they are orphaned, under 18 years of age, and not married or in a common-law relationship.

If your application is refused, you will receive a letter explaining why. You can appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB) within 30 days.

The Start-up Visa Program targets immigrant entrepreneurs with the skills and potential to build businesses in Canada that are innovative, can create jobs for Canadians, and can compete on a global scale.

Applicants must have relevant experience in cultural activities or athletics and be willing and able to make a significant contribution to the cultural or athletic life of Canada.

Yes, many provinces offer entrepreneur streams within their PNPs for individuals who want to start, acquire, or invest in a business in the province.

The minimum investment varies by program and province but generally ranges from CAD $150,000 to several million dollars.

Yes, most business immigration programs require a detailed business plan outlining your business proposal.

Yes, you can include your spouse or common-law partner and dependent children in your application.

An exploratory visit is a trip to the province where you intend to establish your business. Some PNPs require or recommend an exploratory visit as part of the application process.

Processing times vary by program and individual circumstances but can range from a few months to over a year.

Business immigration programs typically require applicants to have business management or entrepreneurial experience.

A PR Card is usually valid for five years, but it can sometimes be issued for one year.

You must submit a completed application for a new PR Card before your current card expires.

You should report it to the police and then apply for a replacement PR Card as soon as possible.

You can leave Canada without your PR Card, but you will need it to return to Canada by commercial vehicle, such as an airplane, boat, train, or bus.

Permanent residents must be physically present in Canada for at least 730 days (two years) in every five-year

If you are a new permanent resident, you do not need to apply for your first PR card; it will be mailed to you. However, if you did not receive it and 180 days have passed since you became a permanent resident, you will need to apply using the IMM 5444 application form and include the required fee.

You need to include a completed IMM 5444 application form, photographs as per specifications, any additional documents as per the checklist provided in the instruction guide, and the processing fee.

Paper applications for a PR card should be mailed to the PR Card Processing Centre in Sydney, Nova Scotia, at the address provided in the application guide.

Processing times can vary. You can check the current processing times on the Immigration, Refugees and Citizenship Canada (IRCC) website.

Yes, but you will need a valid PR card or a Permanent Resident Travel Document (PRTD) to return to Canada by commercial carrier. If your PR card expires while you are outside Canada, you should apply for a PRTD at a Canadian visa office.

Incomplete applications will be returned to you unprocessed. It is important to ensure that all required documents and information are included before submitting your application.

Currently, the application for a PR card must be submitted by mail using the IMM 5444 application form.

Yes, there is a processing fee for the PR card application. The fee amount is specified in the application guide.

You can check the status of your application online through the IRCC website if you have an online account or by contacting the IRCC Call Centre.

If your personal information changes after you have submitted your application, you should inform IRCC as soon as possible by updating your information online or contacting the IRCC Call Centre.

You use the same IMM 5444 application form for both new applications and renewals.

A PR card is not mandatory to maintain your status as a permanent resident. However, you will need a valid PR card or PRTD to return to Canada if you travel abroad.

No, you must be in Canada to apply for a renewal of your PR card. If you are outside Canada without a valid PR card, you must apply for a PRTD to return.

If your PR card expires while you are outside Canada, you should apply for a PRTD at a Canadian visa office to facilitate your return to Canada.

The fee for renewing a PR card is the same as for a new application. The current fee is specified in the application guide.

 You will need to submit a completed IMM 5444 application form, photographs as per specifications, any additional documents as per the checklist provided in the instruction guide, and the processing fee.

If you have not met the residency obligation, you may be at risk of losing your permanent resident status. You should consult the residency obligation requirements and possibly seek legal advice before applying for renewal.

Renewed PR cards are mailed through Canada Post to Canadian residential addresses only. They cannot be sent to PO boxes.

If your renewed PR card contains an error made through no fault of your own, you should contact IRCC immediately to request a correction. There is a specific procedure for replacing a PR card issued with errors, and no fee is charged for a replacement due to administrative error.

Caregivers must have a valid job offer in Canada and meet certain criteria such as language proficiency, education, and work experience. They can apply for permanent residence concurrently with a work permit application.

Processing times vary based on the volume of applications received. Applicants can check the current processing times on the IRCC website.

Yes, caregivers can include their spouse/common-law partner and dependent children on their application for both the work permit and permanent residence.

Caregivers may apply to extend their work permit to complete the required work experience necessary for permanent residence.

Yes, caregivers are eligible for provincial health coverage, but they must meet the specific province’s or territory’s residency requirements.

Yes, caregivers can switch employers, but they must notify IRCC and may need to apply for a new work permit depending on the conditions of their current permit.

Caregivers must meet a minimum Canadian Language Benchmark (CLB) level 5 in English or French.

Yes, caregivers must have completed at least one year of post-secondary education in Canada or equivalent foreign education.

Caregivers can apply for permanent residence from outside Canada if they have the required work experience, but they must apply for a work permit to work in Canada as a caregiver.

Individuals who are not eligible to apply for permanent residence through other immigration programs may apply for H&C consideration if they believe they have compelling reasons for their request.

Failed refugee claimants can apply for H&C consideration, but there is a bar on applying for one year following a negative refugee decision, with some exceptions.

Factors include establishment in Canada, family ties, best interests of any children involved, health considerations, and consequences of the applicant’s return to their home country.

Processing times for H&C applications vary and can be lengthy due to the individualized assessment of each case. Applicants can check the current processing times on the IRCC website.

Yes, applicants can include their spouse/common-law partner and dependent children in their H&C application.

Yes, there is a processing fee for H&C applications, which is listed on the IRCC website.

H&C applicants may apply for a work or study permit while their application is being processed, but they must meet the requirements for those permits.

H&C applicants should avoid travel outside Canada, as it may impact their application and ability to return to Canada.

If an H&C application is refused, the applicant can consider applying for a judicial review of the decision, but there is no formal appeal process for H&C decisions.

A permanent resident must have been physically present in Canada for at least 1,095 days within the five years before applying for citizenship.

Yes, each day spent in Canada as a temporary resident or protected person before becoming a permanent resident counts as a half-day, up to a maximum of 365 days, towards the physical presence requirement.

Yes, applicants aged 18-54 must demonstrate proficiency in English or French at CLB level 4 or higher.

The citizenship test assesses an applicant’s knowledge of Canada’s history, values, institutions, and symbols.

Canadian citizenship can be revoked if it was obtained through fraud or misrepresentation.

The application fee for Canadian citizenship is listed on the IRCC website and varies for adults and minors.

Yes, minors can apply for citizenship without a Canadian parent if they meet the eligibility criteria.

Processing times for citizenship applications vary and can be checked on the IRCC website.

If a citizenship application is refused, the applicant can request the decision be reviewed by the Federal Court through an application for leave and for judicial review.

Decisions that can be appealed include removal orders, sponsorship refusals for members of the family class, and residency obligation failures.

The deadline to file an appeal with the IAD is generally 30 days after receiving the decision.

Yes, the Minister of Immigration has the right to appeal certain decisions to the IAD.

During an IAD hearing, both parties present evidence and arguments, and the IAD member makes a decision based on the merits of the case and applicable law.

Yes, new evidence can be presented at an IAD appeal if it is relevant and was not reasonably available at the time of the original decision.

A stay of removal is a temporary suspension of a removal order, which can be granted by the IAD under certain conditions.

IAD decisions can be judicially reviewed by the Federal Court if there is a legal error.

The length of the IAD appeal process varies depending on the complexity of the case and the IAD’s caseload.

ADR is a process where the parties attempt to resolve the appeal through mediation before it goes to a full hearing, which can be faster and less formal.

Serious criminality involves a crime in Canada punishable by a term of imprisonment of at least six months or a crime committed outside Canada that, if committed in Canada, would carry a similar sentence.

Inadmissibility on health grounds can be overcome if the applicant’s condition is not likely to cause excessive demand on health or social services or if they have a mitigation plan.

Misrepresentation involves providing false information or omitting material facts that could induce an error in the administration of the Immigration and Refugee Protection Act (IRPA).

Yes, a person deemed inadmissible may apply for a TRP if they have a valid reason to enter or stay in Canada that outweighs the risks to Canadian society.

A finding of inadmissibility can lead to the loss of permanent resident status and removal from Canada.

Criminal inadmissibility can be overcome through rehabilitation, deemed rehabilitation, or a record suspension (formerly known as a pardon).

Depending on the type of inadmissibility, individuals may appeal to the IAD or apply for judicial review by the Federal Court.

Yes, permanent residents who fail to meet the residency obligation may be found inadmissible and lose their status.

An admissibility hearing is a proceeding where the Immigration Division determines whether an individual is inadmissible to Canada under the IRPA.

Permanent residents must be physically present in Canada for at least 730 days within a five-year period.

Yes, permanent residents can appeal to the IAD if they believe the decision was incorrect or if there are humanitarian and compassionate grounds to consider.

If a permanent resident is outside Canada and loses their status, they may need to apply for a Permanent Resident Travel Document to return and address their status.

Not filing taxes can be a factor in determining whether a permanent resident has met their residency obligation, but it is not an automatic cause for loss of status.

Consequences include losing the right to live and work in Canada and being subject to a removal order.

Yes, a former permanent resident can reapply for permanent residence, but they must meet the eligibility criteria for the immigration program they are applying under.

Permanent residents can prove they have met the residency obligation by providing travel documents, proof of employment in Canada, or other documents showing their physical presence in Canada.

A cessation application is a process initiated by the government to determine if a protected person (refugee) has voluntarily re-availed themselves of the protection of their country of nationality, which can lead to the loss of their permanent resident status.

Humanitarian and compassionate considerations can be taken into account during an appeal to the IAD and may prevent the loss of permanent resident status.

It must be filed within 15 or 60 days after receiving the decision, depending on whether the decision was made inside or outside Canada.

‘Leave’ is the permission to have the case heard by the court, while ‘judicial review’ is the actual process of the court reviewing the decision.

Most decisions can be reviewed, but some, such as those related to national security, may have restrictions.

If leave is granted, the court will proceed to judicially review the decision.

The standard of review is whether the decision-maker made an error in law, fact, or mixed law and fact, or if the decision was unreasonable.

The Federal Court can overturn a decision if it finds an error and can order the matter to be re-decided by a different decision-maker.

A stay of removal is a court order temporarily suspending the enforcement of a removal order while the judicial review is pending.

The Minister’s counsel represents the government’s interests and defends the decision under review.

Generally, new evidence is not admissible during judicial review, as the court reviews the decision based on the record that was before the original decision-maker.

An applicant can file for mandamus when there has been an unreasonable delay in the processing of their immigration application and other remedies have been exhausted.

The applicant must prove that they have a clear right to the performance of the duty, that they have demanded performance of the duty, that the duty has not been performed, and that there is no other adequate remedy available.

Mandamus is not common and is typically used as a last resort when there is an unreasonable delay and the applicant has been significantly prejudiced by the delay.

No, mandamus cannot force an officer to approve an application, but it can compel the officer to make a decision.

The length of a mandamus proceeding varies depending on the complexity of the case and the court’s schedule.

Mandamus compels action (a decision to be made), while judicial review seeks to challenge the legality of a decision that has already been made.

Mandamus can be used to compel the enforcement of a removal order if there has been an unreasonable delay in its execution.

The court may grant the mandamus order, requiring the immigration authority to make a decision, or it may dismiss the application if it finds the delay reasonable or if there is an alternative remedy.

There is a risk that the court may find the delay reasonable or that there is an alternative remedy, and the applicant may be responsible for legal costs if the application is unsuccessful.

An LMIA is generally required for employers who wish to hire foreign workers through the Temporary Foreign Worker Program (TFWP).

Employers must submit an application to Employment and Social Development Canada (ESDC) with evidence that they have attempted to recruit Canadian citizens or permanent residents first.

Factors include the availability of Canadians to do the job, wages offered, working conditions, labour shortages, and the potential transfer of skills to Canadians.

An LMIA is typically valid for six months from the date of issuance.

Yes

Service Canada, operating under Employment and Social Development Canada (ESDC), processes LMIA applications from employers. They assess the impact of hiring a foreign worker on the Canadian labour market and ensure that employers have met all program requirements.

Service Canada may temporarily suspend LMIA processing if there is reason to suspect that an employer is not complying or has not complied with conditions that could put the health or safety of temporary foreign workers at serious risk.

After receiving a positive LMIA, an employer should ensure the employment agreement is signed by the temporary foreign worker (TFW), provide a copy of the LMIA letter and its Annex A to the TFW, inform the TFW to apply for a work permit before the LMIA expiry date, and inform Service Canada of any changes or errors on the positive LMIA or its annexes.

A positive LMIA is valid for up to six months after it’s issued. Employers must ensure that the TFW applies for a work permit with Immigration, Refugees and Citizenship Canada (IRCC) prior to the LMIA’s expiry date. The validity of the LMIA is crucial as it must be valid at the time of the work permit application.

A Departure Order requires the individual to leave Canada within 30 days and confirm their departure with CBSA. An Exclusion Order prohibits re-entry for one year without written authorization, or two years if the removal was for misrepresentation. A Deportation Order permanently bars re-entry unless the individual obtains written permission from CBSA.

Some removal orders can be appealed to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB). Permanent residents, protected persons, and foreign nationals with a permanent resident visa have the right to appeal, except in cases of serious criminality, security, human or international rights violations, or organized criminality.

Non-compliance with a removal order can result in an arrest and detention. It can also lead to a loss of any future opportunity to return to Canada legally and may result in enforcement action such as an arrest warrant.

A Deportation Order is a permanent removal order that requires the individual to leave Canada and prohibits them from returning unless they receive written authorization from CBSA. It is the most severe type of removal order and is often issued for serious breaches of the Immigration and Refugee Protection Act (IRPA).

Voluntary departure refers to the act of leaving Canada on one’s own accord after being issued a removal order. It can have a less negative impact on one’s immigration record compared to being formally removed, and it may make it easier to return to Canada in the future, depending on the circumstances.

A PRRA is an opportunity for individuals facing removal from Canada to seek protection by presenting evidence that they would be at risk if returned to their home country. Eligibility for a PRRA is limited and generally not available to individuals who have had a refugee claim denied or who come from a designated safe country.

Yes, individuals can still be deported even if they have family in Canada. However, they may be able to appeal the removal order on humanitarian and compassionate grounds, especially if the deportation would result in undue hardship to themselves or their family members.

A stay of removal is a temporary suspension of a removal order, often granted by the IAD or Federal Court while an appeal or review is pending. To obtain a stay, the individual must typically demonstrate that there are legal grounds to challenge the removal order or that there are compelling humanitarian reasons to remain in Canada.

The CBSA is responsible for enforcing immigration laws, including the issuance and enforcement of removal orders. CBSA officers conduct investigations, make arrests, detain individuals if necessary, and oversee the actual removal from Canada.

Foreign nationals in Canada who fear persecution based on race, religion, nationality, membership in a particular social group, or political opinion, or those at risk of torture or cruel and unusual treatment or punishment, may be eligible to make a refugee claim.

A refugee claim can be made at a port of entry upon arrival in Canada or at an inland CBSA or IRCC office. Claimants must provide personal information and details about their reasons for seeking protection.

The IRB is an independent tribunal that hears and decides on refugee claims. Its Refugee Protection Division (RPD) determines if claimants are eligible for refugee protection under Canadian law.

Refugee claimants may apply for a work permit or study permit while their claim is being processed. They must meet certain conditions and may also be eligible for health-care coverage under the Interim Federal Health Program.

If a claim is accepted, the individual is granted protected person status and may apply for permanent residence in Canada. They are also entitled to apply for health-care coverage and other settlement services.

If a claim is denied, the individual may be subject to a removal order. They may have the right to appeal the decision to the Refugee Appeal Division (RAD) or the Federal Court, depending on the circumstances.

The Safe Third Country Agreement is a pact between Canada and the U.S. that requires refugee claimants to request protection in the first safe country they arrive in. This means that claimants cannot seek refugee protection in Canada if they are coming directly from the U.S., with some exceptions.

If a refugee claim is successful, the claimant may be able to sponsor eligible family members to come to Canada as permanent residents under the family reunification program.

A DCO is a country that Canada considers safe and that generally respects human rights. Claims from individuals from DCOs are processed differently, with faster timelines and limited access to appeals. However, as of May 17, 2019, Canada eliminated the DCO list, meaning all claimants now have equal access to the refugee determination process.