Extend Your Stay in Canada Legally After Your Work Permit Expires
21 February 2025 | Canada
With Canada’s recent announcement of updated immigration targets for 2025–2027 and a focus on reducing the temporary resident population, many individuals facing work permit expirations are seeking legal ways to remain in the country. One popular option is transitioning to visitor status by applying for a Visitor Record (VR).
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What is a Visitor Record (VR)?
A Visitor Record allows you to extend your legal stay in Canada after your work permit expires. However, it’s important to note that a VR does not permit you to work or study during this period.
Visitor Record (VR) vs. Temporary Resident Visa (TRV)
Visitor Record (VR):
- Valid only within Canada.
- Does not allow re-entry if you leave the country (except for short trips to the U.S. or St. Pierre and Miquelon under the contiguous territory rule).
Temporary Resident Visa (TRV):
- A travel document that allows you to re-enter Canada after traveling abroad.
- Does not extend your legal stay within Canada.
Why Consider a Visitor Record?
If your work permit is expiring and you’re not yet ready to leave Canada, a Visitor Record can provide a legal pathway to extend your stay while you explore other immigration options, such as applying for permanent residency or a new work permit.
Applying for a Visitor Record
- Timing is CrucialSoApply Before Your Work Permit Expires: This ensures you maintain your legal status under what is known as “Maintained Status” or “Implied Status.”
- Application Procedure: Use the IRCC Secure Account: Avoid confusion by using your IRCC account to submit the VR application. Applying through the IRCC Portal for a TRV will not serve your purpose.
- Demonstrating Temporary Intent:
- Strong Ties to Your Home Country: Provide evidence like property deeds, family connections, or job offers back home.
- Financial Stability: Show bank statements or proof of financial support to assure you can sustain yourself without employment.
- Departure Plan: A clear, documented plan showing your intention to leave Canada once your visitor status ends.
Maintained (Implied) Status
Once you apply for a VR, you can legally stay in Canada under maintained status until a decision is made.
However, you cannot work: If your intent is to switch from a work to visitor status, you must stop working once your work permit expires.
Restoration of Status
If your status has expired, you might still have options:
Restoration within 90 Days: If your status has expired, you must apply for restoration within 90 days as per Regulation 182 of IRPR.
This application must be perfect, complete, and include the $200 restoration fee per applicant, along with other applicable fees.
Important Note: Not all non-compliance scenarios qualify for restoration. For example, study permit holders who are no longer enrolled or actively pursuing their studies at a Designated Learning Institution (DLI) under Regulation 220.1(1) are not eligible for restoration of student status.
Frequently Asked Questions (FAQs)
No, you are unable to work with the Visitor Record.
The purpose of a TRV is re-entry, not staying longer in Canada.
Yes, unless you apply a different status change prior to the VR’s expiration.
No, a valid TRV is required for re-entry. Although there are certain exceptions, the contiguous territory rule is not advised as a main travel strategy.
30 days before to the expiration of your work permit is ideal, but you are able to maintain your legal status as long as you apply before then.
Why You Should Choose Simard & Associates as Your Immigration Lawyer?
At Simard & Associates, we bring expertise, dedication, and a personalized approach to every immigration case. With a proven track record of success, we guide you through the complexities of immigration law with confidence and care. Our team is committed to providing tailored solutions, ensuring your application process is smooth, efficient, and stress-free. Whether you’re pursuing residency, citizenship, or visas, Simard & Associates is your trusted partner for achieving your immigration goals.
For more details & questions, Kindly contact us and one of our Immigration Consultant & Immigration Lawyers will respond to you.
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Simard & Associates helps clients apply for citizenship and residence under the applicable programs. To schedule an initial free consultation, get in touch with us.
