Canadian Immigration Podcast

CIP 151: Time's Up Series - My work permit expires soon: Can I change to a visitor status?


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Episode 151: Time's Up Series - Transitioning from Worker to Visitor Status in Canada

In this episode of the Canadian Immigration Podcast, Mark Holthe and Igor Kurliuk continue their "Time’s Up" series by discussing a critical question facing temporary foreign workers in Canada: Can I change my status from worker to visitor when my work permit is about to expire? As new immigration policies tighten pathways for temporary and permanent residence, many workers are considering a shift to visitor status to maintain legal presence in Canada. Mark and Igor dive into the key considerations, practical steps, and strategic advice for anyone contemplating this transition.

They also address recent policy updates, including significant changes to Labour Market Impact Assessments (LMIAs) and entry rules affecting temporary foreign workers and international mobility. The episode highlights both the advantages and risks of switching to visitor status, the legal framework around "maintained status," and the essential documentation required to convince immigration officers of your temporary intent. Tune in to learn what you need to know to stay compliant and protect future immigration opportunities.

Topics Covered:

  1. Current Immigration Landscape for Temporary Residents

    • Overview of recent government measures limiting work permits and reducing permanent and temporary residency numbers.
    • Why the Liberal government’s new policies are pushing many temporary residents out of Canada.
    • Understanding Visitor Status vs. Temporary Resident Visa (TRV)

      • Key differences between a visitor record (status in Canada) and a TRV (entry document).
      • How to ensure you have the correct documentation to avoid overstaying your welcome.
      • Steps to Apply for a Visitor Record

        • Timing your application: Why it’s essential to apply before your work permit expires.
        • How to choose the correct application portal and document requirements.
        • Drafting a strong letter of intent: What officers need to see to confirm your intention to leave Canada after your visitor stay.
        • Proving Temporary Intent

          • How to demonstrate ties to your home country, financial stability, and a clear plan for departure.
          • Dual intent: Balancing a temporary stay with a pending permanent resident application.
          • Maintained Status: What It Is and How It Works

            • Legal framework for maintained status (formerly implied status) when switching from worker to visitor.
            • Important restrictions: Why you cannot work once your work permit expires and you’re on a visitor record application.
            • Special Considerations and Common Pitfalls

              • Why failing to prove financial independence can lead to refusal.
              • Misconceptions around applying for a new work permit while on visitor status.
              • Real-life client examples highlighting the risks of non-compliance and maintaining transparency with immigration authorities.
              • Key Takeaways:

                • Plan Early: Submit your visitor record application before your work permit expires to maintain status legally.
                • Proof of Temporary Intent is Critical: Immigration officers need clear evidence that you plan to leave Canada when your visitor status expires.
                • Transitioning Comes with Restrictions: Changing to a visitor record ends your ability to work in Canada, even if a new LMIA is approved.
                • Compliance is Essential for Future Options: Staying legally in Canada is critical to preserving future immigration opportunities, including express entry or other work permits.
                • Resources Mentioned:

                  • Book a consultation with Holthe Immigration Law: www.holthelaw.com
                  • Canadian Immigration Institute YouTube Channel: Watch live Q&A sessions and immigration updates with Mark Holthe.
                  • DIY Immigration Courses: Available at Canadian Immigration Institute
                  • Disclaimer:

                    This podcast episode provides general information only and is not a substitute for professional legal advice. For personalized guidance, consider booking a consultation at Holthe Law.

                    Listen to This Episode On:

                    • Spotify
                    • iTunes
                    • Holthe Immigration Podcast Website
                    • Connect with Us:

                      • YouTube: Canadian Immigration Institute
                      • Facebook: Canadian Immigration Podcast
                      • LinkedIn: Mark Holthe
                      • ...more
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                        Canadian Immigration PodcastBy Mark Holthe

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