My Work Permit expires soon. Can I switch to a Visitor status in Canada?

What Does It Mean to Apply for a Visitor Record Instead of a Temporary Resident Visa?

When changing from a Work Permit to Visitor status, it’s essential to apply for a Visitor Record (VR), not a Temporary Resident Visa (TRV). Although the two documents are often confused, they serve very different purposes:

• Visitor Record (VR): A VR allows you to remain legally in Canada beyond the expiration of your Work Permit (if you apply before your WP expires), but it does not grant permission to work or study. Even while you’re still waiting for your VR in maintained (implied status). This record is valid only within Canada, meaning it does not serve as a re-entry document if you leave the country (unless you travel to US or St. Pierre and Miquelon for a short-term trip. This is called the contiguous territory rule, however, we’d never advise you to take a trip just with the VR, and not having a valid TRV).

• Temporary Resident Visa (TRV): A TRV is a travel document that allows temporary residents to re-enter Canada after traveling abroad. However, it does not extend your status within Canada, so applying for a TRV before your WP expires will not extend your status in Canada. In fact, by submitting a wrong application to extend your stay in Canada (applying for a TRV instead of a VR), can result in you falling out of status with a whole new set of long-term problems stemming from this oversight.

Applying for a Visitor Record (VR) as Your Work Permit Nears Expiration

If your work permit is about to expire, and you wish to remain in Canada longer as a Visitor, you must submit a VR application. Here are some of the key considerations for you:

1. Apply for the VR Before Your Permit Expires: Applying before your WP expires allows you to stay legally in Canada under Maintained status (also previously known as Implied Status. We’ll talk more about it below).

2. Use Your IRCC Secure Account for Application: All VR applications must be submitted through the IRCC Secure Account. If you submit the application through the IRCC Portal – that is going to be a TRV application (which is absolutely not the right type of application for you if you want to extend your status from inside Canada).

3. Prove Your Temporary Intent: In your application, just as with any other application for Temporary Residence in Canada, you’ll need to satisfy the officer that you plan to stay in Canada only temporarily, and that you will not remain in Canada beyond the end of the period of your authorized stay. As such, you must clearly explain why you want to remain longer in Canada and explain why you will leave Canada before your VR expires. Here’s what immigration officers typically look for:

   • Strong Ties to Your Home Country: Proof of ties to your home country, such as family, property, or employment, reinforces your intent to return.

   • Financial Stability: Show that you can sustain yourself in Canada without working. This could involve bank statements, savings proof, or sponsorship letters.

   • Clear Plans for Departure: Include a letter explaining your reasons for staying longer in Canada, and if possible, evidence of a return travel plan.

   • Show Proof of Financial Support: You must demonstrate that you can support yourself during your stay without needing to work.

Maintained (Implied) Status: Remaining in Canada Legally While Awaiting a Decision

Once you submit your application for Visitor Record you will remain in Canada in maintained status. Previously, maintained status was known as “Implied Status”, yet the two terms essentially mean the same. Maintained status allows temporary residents who submit an application to extend or change their status before their current permit expires to legally remain in Canada while awaiting a decision. However, fo those of you who consider to extend their stay in Canada as Visitors, it’s important to remember that:

• If you apply to renew your work permit and continue working, you can work under the same conditions as your expired permit while awaiting a decision.

• If you apply for visitor status (i.e., submit a VR application), Implied Status allows you to stay legally in Canada, but you cannot work once your work permit expires. This is a critical point, as any work conducted after the expiration date without a renewed work permit would be considered unauthorized.

Here are the relevant sections of the Immigration and Refugee Protection Regulations (IRPR) detail the conditions for Implied Status:

Section 183(5) of the IRPR: Extension of Period Authorized for Stay

“(5) Subject to subsection (5.1), if a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until

(a) the day on which a decision is made, if the application is refused; or(b) the end of the new period authorized for their stay, if the application is allowed.”

Section 186(u) of the IRPR: No Permit Required for Continuation of Conditions

“(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date.”

These regulations mean that if you apply before your permit expires, you retain your temporary resident status until a decision is made on your VR application, allowing you to remain legally in Canada. However, your maintained status does not include permission to continue working if you are transitioning from a Work Permit to a Visitor Record.

You might be wondering:

1. Can I keep working after my work permit expires if I’ve applied for a Visitor Record?
   No, applying for a Visitor Record does not allow you to continue working after your work permit expires. Implied Status for visitor applications only grants permission to stay legally in Canada without working.

2. Why can’t I apply for a Temporary Resident Visa (TRV) instead of a Visitor Record?
   A TRV only serves as a travel document for re-entering Canada and does not extend your stay within the country. The VR is what allows you to stay legally in Canada beyond your work permit’s expiration.

3. Will I need to leave Canada once my Visitor Record expires?
   Yes, you will need to leave Canada unless you apply for another extension or change in status before the expiration date of your Visitor Record.

4. Can I leave and re-enter Canada if I hold a Visitor Record?
   No, a Visitor Record does not act as a re-entry document. You would need a TRV to return to Canada after international travel. (There is however an exception when you make a short-term trip to the US and return to Canada via land, rail, or water. This is called a contiguous territory rule, and while it allows you to reappear before the CBSA officer and seek readmission to Canada, we’d never want you to take a risk and travel unless you have a valid TRV.)

5. What documents best demonstrate temporary intent?
   This is perhaps the most challenging question of all and is really case-specific. What works for one applicant may not work for the other. We have prepared the TRV Course and a Letter of Intent Guide where you can learn more about the Temporary Intent and writing compelling submissions to satisfy the officer that you will leave Canada before the end of your authorized stay.

6. When should I apply for a Visitor Record if my work permit is expiring?
   IRCC recommends applying at least 30 days before your work permit expiration to ensure a smooth transition and avoid lapses in your legal status. However, you can also submit your application even later, as long as you apply before your WP document expires.

Need help with figuring out how to stay in Canada after your Work Permit expires?

Changing status in Canada requires careful planning, understanding the complexities of navigating through various immigration statuses, and timely actions. For more personalized guidance, consider consulting with one of our Canadian Immigration Lawyers who can provide insights tailored to your unique circumstances.