How to convert a tourist visa to a work visa in Canada: Guest Visa to Work Permit

If you are in Canada on a tourist visa and have found a job opportunityYou're probably wondering how to stay in the country and work legally. This article guides you through the criteria, conditions and steps involved in switching from a tourist visa to a work visa.

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If you are currently in Canada as a tourist and have received a job offer, you can apply for a work permit without having to leave Canadian territory. What's more, if you've had a work permit in the previous year, you can apply for a temporary work permit to start work more quickly with your new employer. Initially implemented for pandemic-related reasonsthis public interest directive has has been extended for a further two years. It will therefore remain in force juntil february 28, 2025. This extension is a boon for employers in Canada, who will be able to meet their labor needs during this phase of economic growth.

Regulatory context and scope

Definition of a tourist visa

A tourist visa is an authorization given by the Canadian government allowing a foreign national to visit Canada for a specified period, usually up to six months. This type of visa is strictly for leisure, tourism and family visits, and does not allow the holder to work or study in Canada.

Definition of a work visa

A work visa, or more precisely a work permit, is an official authorization that allows a foreigner to work in Canada. This permit often specifies the type of work you can do, the employer you can work for, and the duration of employment. A valid job offer from a Canadian employer is generally required before applying.

Common reasons why people want to change their visa

1. Job offer : Some tourists may receive a job offer during their stay and wish to change their status in order to accept the job.
2. Extended stay : Instead of returning as tourists, some people prefer to extend their stay by working.
3. Change in personal circumstances : Events such as marriage to a Canadian citizen, educational opportunities or other life changes may necessitate a change in status.
4. Access to benefits : Worker status can offer advantages, such as access to certain health services and social programs, that are not available to tourists.
5. First step towards permanent residency : A work visa can often be the first step in the process of obtaining permanent residency, especially if the individual has skills or expertise that are in demand in Canada.

Changing your visa is not something to be taken lightly, and requires a thorough understanding of Canadian immigration laws and regulations. It's important to understand the eligibility criteria, the documents required and the procedures to follow, so that the process runs as smoothly as possible.

Eligibility criteria: change of status from guest visa to work permit

When it comes to changing from a tourist visa to a residence permit work in CanadaThere are several eligibility criteria to take into account. Failure to meet these criteria may result in rejection of your application.

Have a valid visitor status

• What is "valid status"? This means that you are legally in Canada as a visitor and that your authorized period of stay has not expired.
• How to check your status You can check the expiry date of your visitor status on the stamp in your passport or on the official document you received on arrival.

Valid job offer

• What is a valid job offer? This is a formal offer of employment from a Canadian employer that has been verified and approved by the appropriate authorities.
• Criteria for a valid offer:
  • The employer must be established in Canada.
  • The offer must be in line with your skills and experience.
  • Employment must not contravene union agreements or other labor laws.
• Documents required: Usually a job offer letter and sometimes a contract, describing the conditions of employment, salary, benefits and duration of the position.

Other eligibility criteria

• Criminal record : You may be required to provide a police certificate to prove that you have no criminal record.
• Medical examination: Depending on the nature of the work and the country of origin, a medical examination may be required.
• Proof of funds : You may need to prove that you have sufficient funds to support yourself during your stay in Canada.
• Labour Market Impact Study (LMIS) Your employer may need to obtain an LMIA to prove that there are no Canadian candidates available to fill the position.

Special cases of EIMT exemption

In some cases, the Labour Market Impact Assessment (EIMT) may not be necessary. Exceptions include :

• Transfers within a company
• International trade agreements such as NAFTA
• Provincial Nominee Program (if applicable)

Eligibility criteria can vary depending on many factors, including the type of work you'll be doing, your country of origin, and other considerations. You are strongly advised to consult the Immigration website, Refugees and Citizenship Canada (RCC) for the most up-to-date information, or consult an immigration expert.

How to change your status to a work permit in Canada

The process of changing your status in Canada from visitor to worker can be complex, and requires meticulous attention to detail.

Document preparation

• List of documents : Gather all the necessary documents such as your passport, valid job offer, proof of funds, and any other relevant documents to prove your eligibility.
• Translations and certified copies : If your documents are not in English or French, they will need to be translated. Some documents may also require certification.
• Application form : Download and complete the work permit application form from the IRCC website.

Submitting a request

• Payment of fees : Fees for work permits vary and must be paid online.
• Send request : Submit your request online or by mail, depending on what is required or preferred.
• Deadlines : Processing times may vary depending on a number of factors, such as the volume of requests and the complexity of your case.

Follow-up and updates

• Tracking number : Once your application has been submitted, you will receive a tracking number that will allow you to check the status of your application online.
• Additional documents : You may be asked to provide additional documentation or attend an interview.
• Status update You will receive notifications about the status of your application, including the final decision.

Once you have obtained your work permit

• Starting date : Once you've obtained your permit, you can start work in accordance with the conditions of the permit.
• Extensions and renewals : Take note of the expiry date of your work permit and follow the procedures for renewing it if necessary.
• Changes of employer or position : Some work permits are linked to a specific employer or position. If you change jobs, a new permit may be required.

Working while waiting for the decision?

Once you've submitted your application for a change of status to obtain a work permit in Canada, the waiting period for a decision can be stressful and uncertain. Some applicants may be tempted or may need to work during this time. Here are some important points to consider:

Temporary work opportunities: conditions and criteria

• Temporary work permit : In certain cases, you may be able to obtain a temporary work permit. However, these situations are often exceptional and require a number of conditions to be met.
• Open work permits If you have already held an open work permit within the last 12 months, you may be eligible to work temporarily while your new application is being processed.
• Implicit status Implicit status: If you have applied to renew your work permit before the initial permit expires, you may be covered by an "implicit status" that allows you to work while awaiting a decision. Note that this option is generally not available to those changing status from visitor to worker.
• Change of employer If you already have a work permit for an employer and wish to change employers, you can generally continue to work for the original employer while your new application is being processed.

Associated risks: compliance with the law in the event of pre-approval work

• PenaltiesWorking without proper authorization can result in criminal penalties and jeopardize your chances of staying in Canada.
• Employer riskThe employer who hires you without the right status can also be subject to sanctions.
• Future ineligibilityFailure to comply with immigration laws may affect your eligibility for future programs, including applications for permanent residency.
• Rejection of current applicationIf you are caught working illegally, your current application may be automatically rejected.

Working while awaiting a decision on your work permit application is a delicate matter and requires a clear understanding of the laws and regulations in force. Make sure you are well informed and follow all guidelines to avoid legal complications that could affect your ability to stay in Canada.

Consequences of a change of status

Converting a tourist visa into a work visa is no trivial matter, and has consequences that go far beyond the simple right to work in Canada. Here are some of the implications.

Implications for residency status

• Length of stayChanging your status may affect the length of your authorized stay in Canada.
• The road to permanent residencyA work permit can often be the first step towards permanent residency, but it's not automatic.
• Family reunification: The procedures for bringing in family members may also vary according to your status.

Tax implications

• Tax obligationsAs a worker, you are subject to income tax and must declare your income in Canada.
• Access to benefits: Your new status may entitle you to certain social benefits, but it may also deprive you of certain advantages granted to tourists.

Recourse in the event of refusal

If your request for a change of status is denied, all is not lost. There are options for appeal.

Call options

• Request for review In certain cases, it may be possible to request a review of the decision.
• New request You can also choose to submit a new application, correcting the errors of the previous one.

Time limit for appeal

• The time limit for appealing a decision is often limited, so make sure you are aware of these deadlines and respect them.