Visitors in Canada : Work Permit vs Study Permit which one should I apply?
Are you planning to study in a foreign country and wondering about the different immigration pathways available to you? One common route is to initially obtain a work visa and then transition to a study permit. This process often involves a Labor Market Impact Assessment (LMIA), which is a critical component of the immigration process. In this article, we will discuss the transition from a work visa to a study permit, with a focus on LMIA.
What is a Work Permit?
A work visa, also known as a work permit, is a document that allows foreign nationals to work in a specific country for a specified period of time. It is typically issued by the government of the country where you intend to work and is subject to certain conditions and restrictions. Work visas are usually granted based on a job offer from a Canadian employer, who must obtain a LMIA in most cases, unless exempted.
In some cases, obtaining a LMIA may be a requirement for obtaining a work visa or transitioning to a study permit. A LMIA is a document issued by Employment and Social Development Canada (ESDC) that assesses the impact of hiring a foreign worker on the Canadian labor market. It is typically required for employers who wish to hire foreign workers and is intended to protect the job opportunities of Canadian workers.
The LMIA process involves several steps, including advertising the job position in Canada, demonstrating that no Canadian workers are available to fill the position, and paying a compliance fee. If a positive LMIA is issued, it means that the hiring of a foreign worker will have a positive or neutral impact on the Canadian labor market, and the employer can proceed with obtaining a work visa or supporting a study permit application.
The requirement for a LMIA depends on various factors, including the type of job, the occupation, and the location in Canada. Some work visas and study permits may be exempt from LMIA requirements, such as those under international agreements, intra-company transfers, and certain types of post-graduation work.
What is a Study Permit?
A study permit is a document that allows foreign nationals to study at designated learning institutions (DLIs) in Canada. It is issued by the government of Canada and is required for most international students who wish to study in the country for more than six months. A study permit is usually granted based on acceptance into a DLI and proof of financial resources to support your studies.
Starting from June 1, 2014, visitor in Canada who completes a pre-requsite program inside Canada can apply for a study permit while in Canada. The applicant must furnish a letter of acceptance from the DLI where they are currently enrolled or will be enrolled.
Work Permit VS Study Permit
Table: List down advantage of disavantage of work permit
Study Permit inside Canada Requirement
As a foreign national in Canada, you can apply for a study permit while visiting the country under section R215(1)(f). Upon submission of your study permit application, you can commence your studies as long as it’s before your visitor status expiration date. However, if your study permit application is declined, you must discontinue your studies.
If you have completed a prerequisite course or program of study in Canada that is essential for admission to a program of study at a DLI, you can also apply for a study permit while in Canada under R215(1)(f)(iii).
To qualify, you must provide a letter of acceptance from a DLI confirming the course as a prerequisite for the main program and evidence of successful completion of the prerequisite course.
You can’t apply for a study permit from within Canada under R215(1)(f)(iii) if you are unable to provide the necessary letter of acceptance or if the letter of acceptance doesn’t specify a language training course as a prerequisite for the main program.
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Frequently Asked Questions
- Can I apply for a study permit while I am inside Canada as a visitor?
Yes, under certain circumstances, you may be eligible to apply for a study permit while you are inside Canada as a visitor. However, you must meet specific requirements, such as having a valid visitor status, being enrolled in an eligible program of study, and demonstrating that you will leave Canada at the end of your authorized stay. You can apply online or by mail, and it is important to carefully review the eligibility criteria and application process on the official website of Immigration, Refugees and Citizenship Canada (IRCC).
- Can I study in Canada without leaving the country if I am already in Canada on a visitor status?
In some cases, you may be able to study in Canada without leaving the country if you are already in Canada on a visitor status. If you are eligible and meet the requirements, you may be able to apply for a study permit from within Canada and obtain a study permit without leaving the country. However, it is important to note that this is not guaranteed, and you must carefully review the eligibility criteria and application process on the official website of IRCC.
- Can I extend my stay in Canada as a visitor while my study permit application is in process?
Yes, in most cases, you can apply to extend your stay as a visitor in Canada while your study permit application is in process. However, it is important to note that extending your visitor status does not guarantee approval of your study permit application. You must meet the requirements for both the visitor status extension and the study permit application separately, and you may need to provide additional documentation to support your application.
- What happens if my study permit application is refused while I am in Canada on a visitor status?
If your study permit application is refused while you are in Canada on a visitor status, you will need to stop studying and leave Canada before the expiry of your authorized stay. Continuing to study without a valid study permit may result in being considered in violation of your visitor status and could have consequences for your future immigration applications. You may have the option to appeal the decision or reapply for a study permit from outside of Canada, depending on the reasons for the refusal.
- Can I work in Canada while my study permit application is in process and I am on a visitor status?
In most cases, you are not allowed to work in Canada while your study permit application is in process and you are on a visitor status. To work in Canada, you generally need a valid work permit. If you wish to work while your study permit application is in process, you may need to submit a separate application for a work permit and meet the requirements for that category, such as obtaining a job offer from a Canadian employer and obtaining a positive Labour Market Impact Assessment (LMIA) if required. It is important to review the work permit requirements and restrictions on the official website of IRCC or seek legal advice for specific situations.
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Our parent company CVH Immigration Ltd. Admission Hub is helping and supporting International Students around the world to Study, Work, and Immigrate to Canada. We are proud to partner with over +150 Canadian Institutions.
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