Important update for visitors in Canada: as of August 28, you can no longer apply for a work permit from within the country. This change affects those who are in Canada on a visitor visa. You might recall that in August 2020, a temporary policy was introduce to help visitors who were stuck in Canada due to COVID-19 border closures.

This policy allowed them to apply for a work permit without having to leave Canada. Additionally, it enabled those who had held a work permit in the past 12 months, but had switched to a visitor status, to continue working legally in Canada while waiting for their new work permit application to be processed. However, this policy has now come to an end.

Update: the temporary policy allowing visitors to apply for work permits from within Canada was originally set to expire on February 28, 2025. However, Immigration, Refugees, and Citizenship Canada (IRCC) has announced that it’s ending the policy effective immediately. The reason? IRCC wants to “recalibrate” the number of temporary residents in Canada and ensure the integrity of the immigration system.

But don’t worry if you already applied under this policy – IRCC will still process applications received before August 28. It’s a significant change, and we’ll be keeping an eye on how it impacts visitors and workers in Canada.

Crackdown on Bad Actors: IRCC’s Early Rollback

The Immigration, Refugees, and Citizenship Canada (IRCC) is ending the temporary policy early, citing concerns about “bad actors” exploiting the system. These individuals were misleading foreign nationals into working in Canada without proper authorization. This move is part of IRCC’s ongoing efforts to combat immigration fraud and reduce temporary resident levels.

Here are some key highlights

– 700 Indian international students affect: Last year, it was discover that 700 Indian students were in Canada with false letter of acceptance from Designate Learning Institutions (DLIs). Many were unaware their letters were fake.

– New verification process: IRCC now requires DLIs to verify all letters of acceptance within 10 days of receiving an international student application.

– Cap on international students: Canada has capped the number of international students it will accept for the next two years to prevent similar incidents.

Canada Cracks Down on Temporary Foreign Workers

The end of the temporary policy allowing visitors to apply for work permits is just the latest in a series of changes aim at reducing Canada’s temporary foreign worker levels.

Here are the key highlights:

– On LMIA applications: By September 26th, 2024, the processing of some Labour Market Impact Assessment (LMIA) applications will be pause for applicants in areas with high unemployment rate (6% or higher).

– Restrictions on foreign workers: Employers can now only hire foreign workers up to 10% of their total workforce under the Temporary Foreign Worker Program (TFWP).

– The Canadian government is reducing the maximum employment term for Low-Wage stream workers from two years to one year.

– Rollback of pandemic-era policies: temporary policies introduced during the pandemic, such as allowing employers to hire up to 30% of their workforce through the Low-Wage stream & increasing the validity period of LMIA to 12 months.

Note: These changes are part of a larger effort to manage and reduce temporary resident levels in Canada. Immigration Minister Marc Miller has also announced plans to consider changes to permanent residence levels in the coming years.

Here’s what you need to know:

– The Canadian government has made a historic move by including temporary resident levels in the annual Immigration Levels Plan for the first time.

– Government’s focus on immigration: Immigration has become a key topic in Canada, with ongoing announcements related to managing and reducing temporary resident levels.

If your application was refused, applying again with the same information, even with an immigration or travel agent, will not change this decision.

For immigration to canada , Residents of visa-required countries* must obtain a visitor visa. So, there are many reasons that Immigration, Refugees & Citizenship Canada (IRCC) may refuse an applicant’s visitor visa application.

*Other visitors to Canada, from visa-exempt countries, would require an electronic Travel Authorization (eTA) rather than a visitor visa.

Failure to provide supporting documents or pay government fees

Application for a Canadian visitor Visa Applications with confidence! Double-check the IRCC checklist & submit a complete application with all required documents to avoid delays or issues.

In addition, visitor visa applicants must make sure they pay IRCC’s processing fees on time to avoid any potential mishaps with their application, including a refusal.

Impact of Prior Criminality on Inadmissibility

Visitor visa applicants with a criminal history may be denied entry to Canada. However, it is also possible that the applicant’s criminal background may not bar them from coming to Canada. Therefore, foreign nationals seeking a visitor visa should be transparent about their history and ensure they submit a criminal record check and any other applicable documentation to support their application.

Note: This may involve putting together documents to show IRCC that the applicant is rehabilitated and should be allowed to enter Canada as a visitor. An authorised immigration lawyer can help with these efforts.

Doubts about an applicant’s intentions during their stay in Canada

Applicants may have their visitor Visa Applications refused if they are not clear with IRCC and/or the Canada Border Services Agency (CBSA) about the purpose of their time in Canada. To avoid creating doubt, applicants should provide supplementary documents such as an itinerary to help immigration authorities and border security officers understand why they are visiting and what they plan to do while in the country.

Other proof of intention may include flight reservations and hotel bookings.

Applicant lacks ties to their home country

Because visitors are typically only admit to Canada for up to six months, a significant part of the application process is proving that they will depart at the end of their authorize stay. Therefore, if an IRCC or CBSA officer has reason to believe that an applicant may not leave Canada when their visa expires, the application may be refuse.

One reason that IRCC may doubt that a visitor will leave when their Visa Applications expires is if they determine the applicant lacks strong ties to their home country. To help IRCC establish that the applicant does indeed have ties to their home country, giving the immigration department confidence that they will depart from Canada at the end of their authorised stay, applicants should submit documents such as the following:

Evidence of home country employment (confirmation letters and pay stubs)
Evidence of family dependencies in the applicant’s home country (children, parents, grandparents etc.)
Evidence of home country property ownership (lease agreements etc.)

Concerns about the applicant’s past travel history

Visiting Canada will be harder, but not impossible, for applicants with a poor travel history. In the context of a visitor visa application, IRCC may refuse to issue a visa to foreign nationals with a history of:

Prior overstay in Canada
Prior refusal of Temporary Resident Visa (TRV) applications in Canada

To help IRCC mitigate concerns about an applicant’s past TRV refusals or worries that the applicant may repeat the pattern of overstaying their authorised stay in Canada, the applicant should be transparent with the immigration department about this history.

In the same way that transparency is important for an applicant’s criminal history and purpose for visiting Canada, visitor visa applicants should provide IRCC with a detailed explanation of this history and show what actions* they have taken to correcting this behavior.

*Examples of corrective behaviour may include proof of compliance with visa regulations in subsequent travels and proof of the individual’s commitment to Canadian immigration laws

Misrepresentation

Applicants must be honest and truthful during all stages of the visitor visa application process to avoid issues regarding misrepresentation.

Note: One example of a misrepresentation issue that can lead to a visitor visa refusal is the non-disclosure of TRV refusals to other countries such as the United States.

The applicant does not have legal status in their country of residence

Applicants are require to resolve any illegal status issues in their country of residence before applying for a Canadian visitor visa. Providing proof of legal residence, for instance, will help IRCC feel comfortable that the applicant will abide by the law during their stay in Canada.

Failure to meet health standards

Some foreign nationals, such as those applying for a Super Visa, will be ask to undergo a medical examination as part of their visitor visa application.

Applicants may be refuse entry to Canada based on their health status, but it is possible to overcome these concerns by providing IRCC with a detailed medical history and passing any required medical examinations. A letter from a certified healthcare professional, confirming that the applicant is in good health, can also be helpful.

Failure to show financial support

IRCC and CBSA officers need to be sure that foreign nationals can cover their expenses while in Canada. Therefore, it is important to demonstrate financial stability by providing documents that affirm the applicant’s income and assets, such as recent bank statements, employment verification letters, and any other details that can establish financial stability.

visitor record refused

New Regulations: What Visitors Need to Know About Work Permit Applications in Canada