Emigrating to Canada: an alternative for TPS holders in the U.S.

Are you a TPS beneficiary in the United States and have you found it difficult or late to transition to permanent residency? If so, I invite you to read this article on Canadian immigration, here you will find an option that can serve as a guide to plan your way from the United States to Canada, evaluate your travel profile and identify the best routes within the immigration programs offered by the government of this welcoming and multicultural country.

What is TPS?

Temporary Protected Status (TPS) is a legal remedy that provides support to citizens of countries in armed conflict, who have experienced environmental disasters, or who suffer from other extraordinary conditions so that they may temporarily remain in the United States. While TPS functions as a temporary protection against deportation and work authorization document, it does not offer a pathway to permanent residency in the United States, so it is often necessary to have an alternative immigration plan that will legally take you to another nation. Let's take a look at the challenges and solutions for TPS holders below.

Immigration challenges for TPS holders when applying for temporary visas and permits in Canada

TPS holders in the United States may consider the idea of applying for temporary visas or permits for Canada, e.g. visitor visas, study permits or work permits, but this does not guarantee that the process will be easy and successful in most cases. They need to be informed about some factors such as the following:

‍

1. For visitor visa applications

• Demonstrate intent to return: Qualifying for a visitor visa requires applicants to demonstrate with documentary evidence that they have strong ties to their home country or to the United States and also prove their intent to return after their visit. This can be difficult for TPS holders, as their temporary status in the United States weakens their ability to demonstrate these ties, so it is important that before making any such application, the TPS beneficiary identifies all the elements that are in his or her favor and those that are not, in order to know his or her real chances of obtaining the visa.
• Limited duration: visitor visas are usually short term and do not allow for work or study; the TPS beneficiary should be aware that this duration makes them unsuitable if they are looking for long-term solutions in Canada.

‍

2. For study permit applications

• Financial requirements: Applying for a study permit requires demonstrating sufficient funds to cover tuition, living expenses and return travel. Many TPS holders may have difficulty meeting these financial thresholds (minimum C$20,635).
• Intention to leave: as with visitor visas, applicants must demonstrate that they plan to leave Canada after completing their studies, which can present some complications for those seeking a permanent solution.
• Admission to Canadian institutions: gaining acceptance to a Designated Learning Institution (DLI) in Canada can be competitive, this can complicate the process, so before initiating an application through this route it is imperative to seek guidance from Canadian immigration specialists. At the end of this blog, I will leave key links for you to contact a regulated Immiland consultant who can properly handle your case.

‍

3. For work permit applications

• Employer sponsorship: Most work permit pathways, such as the Temporary Foreign Worker Program (TFWP), require a job offer from a Canadian employer and a Labor Market Impact Assessment (LMIA). Finding an employer willing to comply with these requirements is sometimes a big challenge for TPS holders, in this case it is necessary to know how to expose their situation and even negotiate with the employer. In particular, these cases are difficult and require specialized Canadian immigration consulting services with regulated advisors.
• Limited path to permanence: work permits are temporary and do not guarantee a path to permanent residency. 

‍

The above challenges make temporary visas and permits less attractive and practical for TPS holders seeking long-term stability and opportunities in Canada, but this is not to say that there are no immigration alternatives. 

Below, I share the permanent residency programs offered by the Canadian government.

‍

Permanent residency programs in Canada: a better choice for TPS holders

‍

Permanent residency programs in Canada offer a more stable and secure pathway for TPS holders compared to temporary visas and permits. Here's why:

• Stability in the country is long-term

Permanent residency allows individuals to live, work and study in Canada indefinitely, providing a secure future without the need for frequent renewals or extensions.

• Offer a clear path to citizenship

After three years of residency within a five-year period, permanent residents may apply for Canadian citizenship, obtaining all the benefits and protections of Canadian law. See further reading: Canadian citizenship and the 1095 days.

• Access to social benefits

Permanent residents enjoy access to Canada's universal health care system, as well as other social services such as education and unemployment benefits.

• Enable greater mobility within the country

As permanent residents, individuals have the freedom to live and work anywhere in Canada without being tied to a specific employer or province, unlike many temporary work permits.

• Confer eligibility for family sponsorship

Permanent residents can sponsor eligible family members, allowing them to reunite with their loved ones and establish a family life together in Canada.

• Avoid difficulties in processing temporary visas

Unlike temporary visas, permanent residency does not require proof of intent to return to the United States or the applicant's home country, eliminating one of the biggest obstacles for TPS holders.

By focusing on permanent residency programs, TPS holders can overcome the limitations of temporary visas and secure a stable future in Canada.

These are the reasons why Canada is the great choice for TPS holders!

‍

Canada offers stability, security and a clear path to permanent residency and citizenship. With a welcoming immigration system and labor market opportunities, Canada can provide TPS holders with a long-term solution to their uncertain situation in the United States.

By carefully evaluating the above immigration pathways and preparing a proper application under the immigration laws, TPS holders can take the first step towards building a new life in Canada. Whether through the Express Entry system, Provincial Nominee Programs or education.

Temporary Protected Status is a relief for people in the United States with complicated immigration situations, but remember that this remedy is not a permanent solution. The temporariness of TPS must be managed with caution and strategic knowledge to take advantage of its validity and to be able to explore Canada's permanent residency programs and their opportunities to change course, secure a stable future and build a new chapter of their lives in this welcoming and inclusive country.

If you are determined to change your immigration status this year and know the possibilities of migrating from the United States to Canada, write to us at @immilandcanada and let us guide your case with Immiland's services. You can schedule your nearest appointment here. 

Thanks for reading. See you in the next blog.

With love,

Immiland Law