Filipiniana News
15 May 2010
Since the last time I wrote on this subject
a couple of years ago, I continue to receive inquiries on how to “convert”
one’s visitor status into a work permit or permanent resident visa while
remaining in Canada. Apparently, there
are still those who assume that once they are able to obtain a visitor visa to
enter Canada, it would be much easier to work on their “papers” while inside
the country rather than to submit their permanent resident applications from
overseas. It does not help that the
current processing times for permanent resident applications are still taking a
number of years to complete. Any
potentially quicker alternative therefore becomes a much more attractive option
for many.
Depending on one’s personal circumstances,
the above assumption may not necessarily hold true and in some cases, prove to
be utterly false. It often becomes a
source of disappointment and/or frustration for many to realize that converting
one’s status from a visitor to a worker or permanent resident is not as simple
as they may have initially thought.
Hopefully, the following will help clarify some of the misconceptions.
Visitor status is allowed only for a
maximum period of six months at a time, regardless of the validity period of
one’s temporary resident visa. One can
however apply for an extension, which may or may not be granted depending on
the personal circumstances of the applicant.
While the extension application is pending, one is deemed to have
implied status, provided that the application was submitted prior to the expiry
of the initial authorized stay. But as
soon as a decision is received and the extension application is refused, the
applicant is deemed to have lost status and must leave Canada immediately.
To convert one’s visitor status into a work
permit on the other hand, one must first obtain a genuine job offer from a
Canadian employer. The Canadian employer
will then have to apply for a confirmation of the job offer (a positive labour
market opinion or LMO) from Service Canada. The confirmation will be granted if
the reviewing officer is satisfied that certain factors are met, including the
genuineness of the job offer, that sufficient recruitment efforts were
undertaken to hire Canadians and permanent residents for the position and that
there is a current labour market shortage that the foreign worker is seeking to
fill. Once an LMO is granted, the
foreign worker may use this to apply for a work permit.
An initial work permit application however,
must be submitted at a visa office or at a port of entry. The option of applying at a port of entry is
only available to applicants coming from visa-exempt countries. Since the Philippines is not a visa-exempt
country, Filipino work permit applicants
who are in Canada on a visitor visa must apply at the nearest visa office, i.e.
the U.S.. If called for an interview,
the applicant must be able to travel to the U.S. on the scheduled interview
date. This often becomes a problem if
the applicant has no U.S. visa as it can prove difficult to obtain a U.S. visa
from Canada if one does not have permanent resident (or at least a worker or
student) status here. Therefore, it may
be a smart move to also obtain a U.S. visa from Manila (where one has permanent
status and clear proof of establishment) prior to coming to Canada if one plans
to eventually apply for a worker, student or permanent resident status.
There is also the option of applying for a
student visa once the applicant has received an acceptance for full time
studies from an accredited educational institution for a period of at least six
months. Similarly, an initial study permit
must be applied for at a visa office outside of Canada.
The option of applying for a work permit,
study permit or to change conditions from within Canada is generally available
only to those who initially entered Canada on valid work or student visas and
later wish to renew the same.
Applications for permanent resident status
are generally submitted to visa offices where the applicant is a national
and/or has been legally residing for at least a year. Recent amendments require that initial application
packages (completed forms and fees) for all federal skilled worker applications
must be submitted to the Central Intake Office (CIO) in Sydney, Nova Scotia
which conducts the initial screening of these applications. Once approved by the CIO, the applicant is
given 120 days within which to submit the complete application package to the
appropriate visa office.
Inland permanent resident applications on
the other hand, are only allowed for those falling under the Live-in Caregiver
Class, the Spouse or Common Law Partner in Canada class, the Permit holder
class, Refugees and Protected Persons, and those seeking permanent resident
status based on Humanitarian and Compassionate grounds. It must be noted however, that there are
specific legal requirements for each class which may not necessarily be met by
all permanent resident applicants.
Please be wary of any advice received which encourages lying or making
up stories to qualify under any of the inland categories. Misrepresentation is a serious offence under
Canadian immigration law. It could lead
to removal proceedings even long after one has obtained permanent resident
status or even Canadian citizenship.
It is therefore strongly advised that one
must think and assess the situation very carefully before resigning from one’s
job or selling everything one owns in the home country after obtaining a
temporary resident visa to visit Canada.
A temporary resident (visitor) visa is not a guarantee to obtaining
long-term legal status in Canada. Please
do not be misled by claims to the contrary.
Finally, please note that the above is
meant for information purposes only and not to provide specific legal
advice. If you wish to inquire about
your particular situation, please contact a licensed immigration lawyer or
consultant.
The author is an immigration lawyer in
Toronto and may be reached at mdsantos@osgoode.yorku.ca.
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