How to change from visitor to study/work visa in Canada?

Moving to Canada on a visitor visa with the intention of changing your status to a study or work visa involves several important steps. Here's a breakdown of what you need to know:

1. Understanding Visitor Visa Limitations

• A visitor visa is typically issued for short-term stays in Canada and does not allow you to study or work unless you meet specific criteria.

• While in Canada on a visitor visa, you cannot begin studying or working without a proper permit.

2. Changing Your Status from Visitor Visa to Study Permit (for Study)

If you want to switch your status from a visitor visa to a study permit, here's what you need to do:

Steps for Changing from Visitor Visa to Study Permit

• Apply for a Study Permit: You can apply for a study permit while you are in Canada. Normally, you would need to apply before you enter Canada, but if you're already here as a visitor, you can still apply from within the country.

o Acceptance Letter: To apply for a study permit, you need to have been accepted into a Designated Learning Institution (DLI). A DLI is a school, college, or university that is approved by the Canadian government to host international students.

o Proof of Financial Support: You must show that you can support yourself (and any dependents) while studying in Canada. This includes tuition, living expenses, and travel costs.

o No Status Change: Keep in mind that your visitor status will remain valid while your study permit application is being processed. However, you cannot begin studying until the study permit is approved.

How to Apply for a Study Permit While in Canada

• Online Application: The best way to apply is through the Immigration, Refugees, and Citizenship Canada (IRCC) website. Create an online account, upload your required documents (e.g., letter of acceptance, proof of funds), and pay the application fee.

• Processing Time: The processing time for study permits varies, so it’s important to apply well in advance. While your application is being processed, you are allowed to stay in Canada under the same conditions as your visitor visa until a decision is made.

• If Approved: If your study permit is approved, you will be granted the permit, and you can legally begin your studies in Canada.

Important Considerations:

• Visitor Visa Status: If your visitor visa expires before your study permit is approved, you may need to apply for an extension of your visitor status to remain in Canada legally while waiting for the decision.

• Transition from Visitor Visa: It’s important to note that, in some cases, a change of status from visitor to student might be complex, especially if you did not initially intend to study in Canada. Make sure to follow the guidelines closely to avoid any issues with your immigration status.

3. Changing Your Status from Visitor Visa to Work Permit (for Work)

If you wish to transition from a visitor visa to a work permit, it depends on whether you already have a job offer in Canada and whether you meet the requirements.

Steps for Changing from Visitor Visa to Work Permit

• Obtain a Job Offer: To apply for a work permit, you generally need to have a job offer from a Canadian employer. The employer must also provide you with a Labour Market Impact Assessment (LMIA) if required. The LMIA shows that the employer needs to hire a foreign worker because no qualified Canadian workers are available.

o LMIA Exempt Jobs: Some jobs are exempt from the LMIA process, such as certain international agreements (e.g., NAFTA) or intra-company transferees. If your job is LMIA-exempt, the process might be quicker.

• Apply for a Work Permit: After securing a job offer and meeting the LMIA or exemption requirements, you can apply for a work permit.

o Online Application: You can apply for a work permit online or at a Visa Application Centre (VAC). You will need to provide documents such as your job offer, proof of your identity, and proof of any previous work experience, among others.

o Processing Time: The processing time for work permits varies based on factors like the type of work, your nationality, and the workload of the visa office. You may need to extend your visitor visa while you wait for a decision.

Working While Waiting for a Work Permit

• If you are applying for a work permit from within Canada, you are generally not allowed to work until your work permit is approved. However, if you are eligible for a bridging open work permit (if you applied for permanent residency, for example), you can work while waiting for the permit.

Important Considerations for Work Permits

• Visitor Visa Conditions: If your visitor visa expires while you are waiting for your work permit, you may need to apply for an extension of your visitor status or leave Canada and return with the proper work authorization once it's approved.

• Application from Outside Canada: In some cases, if you're unable to change your status while in Canada, you may be required to apply for a work permit from outside of Canada (i.e., from your home country or another country you are legally allowed to reside in).

4. Options for Family Members

If you are applying for a study or work permit and you have family members (such as a spouse or children) with you on a visitor visa, they may also be eligible for certain permits:

• Spouse or Common-Law Partner: If you are on a work permit or study permit, your spouse may be eligible to apply for an open work permit (if you're on a full-time study permit or work in a high-skill occupation). This allows your spouse to work in Canada while you are studying or working.

• Children: If you have children, they may be able to attend school in Canada while you are studying or working, but they will need to be enrolled in the appropriate schools.

5. Extensions and Maintaining Status

• Visitor Visa Extension: If your visitor visa is nearing its expiration and you need more time to finalize your study or work permit application, you may apply for a visitor visa extension.

• Maintaining Legal Status: It’s very important to maintain legal status in Canada. If your visitor visa expires, you could risk becoming out of status, which can complicate your future immigration plans. If your status expires, you may need to leave Canada and reapply from outside.

6. General Advice

• Consult a Professional: The process of changing from a visitor visa to a study or work permit can be complex. It's a good idea to consult with a licensed immigration consultant or immigration lawyer who can guide you through the process and ensure you meet all requirements.

• Be Honest and Transparent: Always be truthful in your applications and during the process. Misrepresentation can lead to refusal of applications or bans from applying for Canadian immigration in the future.

Summary Steps for Changing from Visitor Visa to Study or Work Permit:

1. Study Permit:

o Secure an acceptance letter from a Designated Learning Institution (DLI).

o Apply for a study permit through the IRCC website.

o Submit documents such as proof of funds and educational credentials.

o Wait for approval before beginning studies.

2. Work Permit:

o Obtain a valid job offer from a Canadian employer.

o Apply for a work permit (with or without an LMIA, depending on your job).

o Wait for approval before starting work.

3. For Your Family:

o Apply for open work permits for your spouse or partner (if you qualify).

o Ensure that your children are properly enrolled in school if applicable.

Changing your status from a visitor visa to a study or work visa is entirely possible but must be done through the proper channels and procedures. Make sure to follow the correct steps, ensure that you meet the eligibility criteria, and consult with professionals if needed.