How you can stay in Canada if your work permit is expiring
Canada is making big changes to its immigration rules for the years 2025-2027. One of the key changes is reducing the number of temporary residents in the country. If your work permit is about to expire, you might be looking for other ways to stay in Canada. One option is to switch to visitor status through something called a Visitor Record (VR). Let’s take a closer look at this process and how you can navigate it.
What is a Visitor Record (VR)?
A Visitor Record (VR) is a document that lets you stay in Canada legally after your work permit expires. However, it’s important to understand that a VR doesn’t allow you to work or study in Canada—it just extends your stay as a visitor.
Here’s how it compares to another document, the Temporary Resident Visa (TRV):
- Visitor Record (VR): This is only for staying in Canada. If you leave the country, you cannot use it to come back (unless you’re traveling to places like the U.S. or St. Pierre and Miquelon for short trips).
- Temporary Resident Visa (TRV): This is for people who want to re-enter Canada after traveling outside, but it doesn’t extend your stay in Canada while you’re already here.
Applying for a Visitor Record
Here’s what you need to do to apply for a VR:
Apply Before Your Work Permit Expires
You need to apply for the Visitor Record before your work permit expires. This is important because it helps you keep your legal status in Canada, also known as Maintained Status or Implied Status. If you apply on time, you can stay in Canada while waiting for a decision on your application.
Use Your IRCC Account
Make sure to apply using your IRCC Secure Account. Applying through other methods, like using the IRCC Portal for a TRV, won’t work for this purpose.
Show Your Temporary Intent
When you apply, you’ll need to prove that you’re planning to leave Canada once your visitor status ends. Here’s what you need to show:
- Strong ties to your home country: This can include things like property you own, family connections, or a job waiting for you back home.
- Financial Stability: You should show that you can support yourself financially without needing to work. Bank statements or proof of savings can help.
- Departure Plan: You need to have a clear plan for leaving Canada after your visitor status ends, and you’ll need to document this plan.
Maintained (Implied) Status
Once you’ve applied for a Visitor Record, you will have Maintained Status. This means you can legally stay in Canada while waiting for a decision on your application. However, you cannot work. If you are switching from a work permit to a Visitor Record, you must stop working once your work permit expires.
Legal Nuances and Regulations
The Immigration and Refugee Protection Regulations (IRPR), specifically Sections 183(5) and 186(u), explain how people can extend their stay in Canada and the conditions for doing so. If you apply on time, your stay is automatically extended until your Visitor Record application is processed.
Restoration of Status
If you miss the deadline and your status expires, you may still have options:
Restoration Within 90 Days
If your status expires, you can apply for Restoration within 90 days. However, this has to be done perfectly, with the correct paperwork and a $200 restoration fee. Not all cases are eligible for restoration, so it’s important to understand whether your situation qualifies.
Important Note About Restoration
Some people, like students who aren’t actively enrolled, may not be able to restore their status. It’s crucial to know if you qualify.
Consult an Expert
If you find yourself in a situation where your status has expired, consider booking a consultation with an immigration expert. They can help guide you through the restoration process and ensure everything is done correctly.
Conclusion
If you’re transitioning from a work permit to visitor status in Canada, understanding the rules is really important. The Visitor Record allows you to stay legally in Canada while your work permit has expired, but you can’t work or study. Remember to apply on time, show your intentions to leave Canada, and follow all the procedures carefully.
If you’re unsure about the process, especially about restoration, it’s a good idea to seek help from an immigration expert or explore more detailed guides. This way, you can stay on top of the rules and keep your status in Canada while you figure out your next steps.
Get in touch with SPS Global
Receive professional advice on any of your questions regarding Canadian immigration. get in touch with us, experienced immigration consultants from SPS Canada. For additional information, contact support@spscanada.com (Canada) or support.amd@spscanada.com (Ahmedabad), or by phone at (1) 905-362-9393 (Canada) or +919586226232 (Ahmedabad).