Canada extends the change of status from tourist to worker until 2025!

28/08/2024 - IMPORTANT CHANGE DETAILED HERE‍

Excellent news for this 2023, the Canadian government extends the time in which people with a tourist visa can apply within the country for a change of status as a worker. In this sense, people who are inside Canada on a legal tourist visa and who get a job offer will be able to apply inside the country for a visa or work permit until February 28, 2025. This temporary policy makes visitors an option for Canadian employers, as many face significant labor shortages, and the extension of time demonstrates that the program has been a success and that there is significant demand for the foreign workforce.

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However, this good news also entails compliance with the law so that your Canadian dream becomes a reality and you do not fail in the attempt.

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Here are the most important things you should know:

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• The first thing you must have is a legal period of stay in the country, otherwise you cannot apply even if you get the job offer. If you are outside Canada and you want to apply for a tourist visa, take into account that there are certain requirements that you must take into account in order to avoid the tourist visa to be rejected. 
• Only citizens of Mexico, Chile and European countries can dispense with applying for a tourist visa, as they can travel to Canada with an Electronic Travel Authorization Card, known as eTA, for its acronym in English. This card is more easily obtained. The rest of the Latin American countries and those that do not have the eTA need a tourist visa to enter Canada. 
• If you are in Canada as a tourist and get a job offer, you can apply for a work visa and apply within the country, but keep in mind that while you are waiting for your work permit to be issued you cannot work, as you are still a tourist and if you do so you would be in violation of Canadian immigration law and would be deported if discovered.
• Does not apply to persons wishing to obtain a permit at the Port of Entry (POE).

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What are the eligibility requirements for the work visa under this temporary public policy?

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• Have a valid status in Canada as a visitor on the day of application.
• Have a job offer supported by a Labor Market Impact Assessment (LMIA) or a job offer exempt from LMIA.
• Submit an application for an employer-specific work permit no later than February 28, 2025.
• Meet all other standard eligibility criteria.
• As for visitors who file an application under this public policy and who have held a work permit in the past 12 months, they may also continue to apply for provisional work authorization to begin working for their new employer more quickly.

To do so, you must:

• Be physically present in Canada at the time of application.
• You must remain in Canada while your application is being processed, as if you leave while your application is being processed, you will not be eligible under this public policy.
• Be a visitor in good standing at the time of applying for the work permit.
• If your visitor status has expired, you must restore it before applying for a work permit.
• Apply for an employer-specific work permit between August 24, 2020 and February 28, 2025.
• Have held a valid work permit in the 12 months prior to applying for a new work permit. To obtain authorization to work while waiting, you must submit your application and complete the IRCC form.

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On the official IRCC website, get detailed information.

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How to apply for a work permit if you are a tourist?

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You must find an employer who wants to hire you and make you a job offer supported by a positive LMIA, this process takes one month to be approved. In addition, the employer must prove to the Canadian government that they are hiring you because they cannot find employees to fill the vacancy, then you must apply to immigration for a work visa.

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In the case of Colombia, Peru, Chile, Panama and Mexico, they may qualify for technical cargo covered by Free Trade Agreements (FTAs) and their employer should not apply for a positive LMIA but for a LMIA exemption code, the latter in accordance with sections 204 to 208 of the Immigration and Refugee Protection Regulations (IRPR), which provide the regulatory authority to issue a work permit to a worker who does not require a labor market impact assessment (LMIA) under subparagraphs 200(1)(c)(i) .) to (ii.1).

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How long does the issuance of the work visa take?

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The waiting time within Canada can be four to six months and, while waiting for the immigration response, you must be in the country without working, otherwise you will be in breach of immigration law.

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How does the tourist visa application work?

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• Depending on your country of origin, your tourist visa may take 45 days, 2, 3 or 4 months.
• You must also explain to the Canadian government why you want to come for tourism. 
• Proof in your passport that you have previously traveled outside your country. 
• You must demonstrate through your bank statements that you have the means to support yourself in Canada. To give you an idea, the minimum necessary to cover one month of stay in Canada is $1000 CAD per person, as well as to guarantee that you have a stable job in your country of origin, remember that the immigration officer will review this documentation to approve or reject your visa. 

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If you wish to process your tourist visa, you can request a quote from our Immiland team by clicking on thislink.

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How can you make the most of your time in Canada while waiting for your work visa?

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Taking into account the language factor and its importance for you to be in the country and work, the option of taking an English or French course while waiting for the approval of your permit is ideal. This way you will be able to invest your budget in a tool that you need to be in Canada.

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You can also apply for permission to work and return to your country while waiting for approval, this will help you save your budget.

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If you wish to take language classes at our academy, Planeta Immiland Education, click here https://www.planeta-immiland-education.com/

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If you want Immiland to process your work permit, your study visa, negotiate with your Canadian employer to convince him to hire you, and any other case, please contact us by clicking on the Link.

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With love,

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Immiland

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