Renewing your temporary resident visa from within Canada

Renewing your temporary resident visa from within Canada

Renewing your temporary resident visa from within Canada
One of the most common misunderstandings that people have about Canada’s immigration system is confusing the function of visas and permits. The distinction can have significant consequences for those who leave Canada while possessing an expired visa, but a valid permit.

A visa allows an individual to enter Canada. It can be either single entry or multiple entry. Its expiry can be as little as a few months after the date of issuance to as long as almost a decade. A visa does not, however, give an individual status in Canada, or allow an individual to remain in Canada. For example, a foreign national with an eight-year multiple-entry visa cannot stay in Canada continuously for those eight years. The person simply has the ability to enter Canada for eight years without applying for a new visa.

A permit, meanwhile, allows an individual to remain or stay in Canada. Generally, when a foreign national enters Canada, the individual is authorized to stay in Canada for six months unless the person is told otherwise by a border official. An exception to this six-month rule is for people who possess valid permits. A work permit, for example, lets a foreign national remain in Canada and work for the duration of the work permit. A study permit lets an individual remain in Canada and study. Finally, a visitor record allows a person to stay in Canada as a visitor, or to engage in certain forms of work that do not require work permits.

A foreign national who possesses a permit can stay in Canada until the permit expires. A permit does not, however, let a person enter Canada.

A permit does not authorize re-entry
Most individuals begin to grasp the distinction between permits and visas when they see the phrase “This Does Not Authorize Re-Entry” written across their study and/or work permits. This statement does not mean that the permit’s possessor is prohibited from leaving Canada. It simply means that the person requires a valid visa (unless they are from a visa-exempt country) to re-enter Canada. (An exception to this is people who leave Canada just for the United States and then come back.)

The distinction between permits and visas often emerges when people with valid permits leave Canada and then are denied entry onto their return flight. For example, if a Philippine national with a three-year work permit valid for two more years leaves Canada with an expired visa, they will not be allowed onto their return flight until they get a visa.

Discovering this distinction while abroad can lead to unfortunate consequences. Applicants will have to rush to apply for visas at Canadian consulates, which can take weeks if not months. People can be stranded. Temporary foreign workers can miss work, and possibly even lose their jobs. International students can miss significant portions of their semester.

Applying from within Canada
Accordingly, temporary residents with expired visas who wish to travel need to obtain a new visa before they leave Canada. Traditionally, applicants who did so applied outside Canada, generally at a Canadian consulate in the United States.

Starting in the summer of 2012, however, Citizenship and Immigration Canada (CIC) launched a pilot project that allows people to apply for new visas by submitting their application to the Case Processing Project in Ottawa. The documentary requirements are much less onerous than for submitting the application abroad, and the specifics can be found on the CIC website.

So if you’re a temporary foreign worker or student and are planning a trip abroad, have a quick look at your visa to see if it’s expired, so you can get a new one before you go.

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