Backgrounder: Temporary Status
On a basic level, there are 4 levels of status in Canada: citizenship, permanent resident (PR) status, temporary status and without status. Individuals come to us with all levels of status and we work to either keep their existing status, for them to gain status themselves or for them to help someone else with their status (for example: their spouse). Each level of status affords different levels of rights and privileges. For example, someone with temporary status does not have the right to work unless they have a work permit or other permission whereas a permanent resident can work anywhere in Canada.
One Route from Temporary Status to Permanent Status
When we are contacted by an individual overseas, one common scenario is that they often have a means to come to Canada for a visit or they are interested in studying but their goal is to move permanently. Canadian law allows to have a “duel intent” when entering the country; a foreigner can enter on a temporary visa with the intention to come for a visit and, at the same time, also have the long-term goal of staying permanently.
Caution: in these circumstances, we would recommend that you hire a representative to draft submissions to the Officer to avoid being detained or refused entry.
One route to PR status is through studying and working in Canada. The steps are these: 1. TRV + Study Permit; 2. Post Graduate Work Permit; 3. MPNP Skilled Worker Application; 4. PR application to IRCC.
Step 1: Study Permit
Study Permits are issued by Canadian Visa Offices abroad. International students contribute to Canadian universities both financially and culturally. In tuition, they pay considerably more than other students. According to Statistics Canada, students can pay more than $35,000 per year for an undergraduate program:
In Manitoba, there are 2 many benefits for choosing to study in this province: 1. tuition may be less comparable to other urban centres; 2. positive tax benefits for money paid in tuition through the Tuition Fee Income Tax Rebate (up to $25,000 may be deducted).
These rebates are only a benefit, however, if the individual files taxes in Canada and lives in Manitoba. It is not open to residents of other provinces.
Step 2. Post Graduate Work Permit
A work permit issued under the Post Graduate Work Permit (PGWP) program may be issued by IRCC to a foreign student for the length of the study program, up to a maximum of 3 years. This is beneficial for both the students, who wish to work in Canada and continue to establish themselves, the Canadian employers and the Canadian economy. As mentioned by Minister John MacCallum at the CBA Immigration Conference in April 2016 in Vancouver, he sees foreign graduates of Canadian universities as one of the top priorities of IRCC.
Be prepared. Please note that the timelines for applying for the PGWP program are strict. Failure to apply early and/or meet the requirements may lead to a refused application.
Step 3: MPNP Skilled Worker in Manitoba stream
When the foreign national completes 6 months of full-time, continuous work in Manitoba and the company provides an Offer Letter, then the individual may apply under the MPNP program (other factors notwithstanding). This application may lead to a Nomination Certificate from the Manitoba government and the support of the province.
For more information about MPNP applications and tips on how to succeed with a MPNP application, see our previous posts on this subject.
Step 4: PR application to IRCC
After the applicant receives the Certificate, they may apply for PR status to the federal government. For more information about applications and fees, please contact our office directly.