Mariana Chagas: the difference between status, visas and permits
Column by Mariana Chagas
Você sabe qual a diferença entre status, vistos e permissões?
Por Mariana Chagas
Consultora regulamentada de imigração canadense
It is very common for people to confuse the terms status, visas and permits when it comes to immigration to Canada. We end up using these terms incorrectly because we do not know what each one means and how important each of these terms is. Whether as a temporary resident or a permanent resident, when it comes to Canada, it is very important to know what the words above mean so that you do not run into problems later on.
According to Canadian immigration law, these terms have completely different definitions and they are:
STATUS
You only have STATUS if you are on Canadian soil. And when you are on Canadian soil, you can have visitor, tourist, worker or temporary resident status.
Verification of your status can be done through a stamp in your passport or any permit you hold that has not yet expired. If you do not extend your permit or if the 6 months of stay, in the case of a visitor, expires, you will be subject to a removal order from the country and will also be without status in Canada (loss of status). In this case, you have 2 alternatives: leave the country immediately or apply for a restoration of status, if possible. You can consult a regulated Canadian immigration consultant for specific cases.
VISAS
A VISA is a document that has only one function: to allow foreigners to enter Canada. Once inside Canada, the visa is no longer useful. Canadian immigration law requires that all people who wish to enter Canada, who are not Canadian citizens or permanent residents, obtain an entry visa.
Of course, there are exceptions to this rule depending on the person's country of citizenship, as there are countries that are considered exempt from the need to apply for a visa and other countries where it is only necessary to obtain an electronic travel authorization (eTA).
Visas allow you to enter Canada and you can usually stay in the country for 6 months. However, this period can change depending on the border officer. He or she has the authority to decide how long you are allowed to stay in Canada. He or she may decide that you can only stay for 3 months instead of 6, and this will be recorded in your passport. If the border officer does nothing or says anything, it is understood that you can stay in Canada for 6 months.
Canada has only one type of temporary residence visa and there is no such thing as a student visa or work visa. All visas in passports are temporary residence visas.
It is important to note that a 10-year multiple entry visa does not mean that you can stay in Canada for 10 years. You are only allowed to stay in the country for periods of up to 6 months, but you do not need to apply for a new visa for a period of 10 years if the visa is still valid.
PERMISSIONS
There are 4 types of permits that can be given to temporary residents of Canada:
1) Work permit
If you are coming to Canada to work, you will need a work permit. Work permits can be open, meaning you can work wherever you want (with some exceptions), or closed, meaning you are only allowed to work for a specific employer.
2) Study permit
Study permits are given to those who have been approved to come to Canada to study, usually for a period longer than 6 months.
3) Record number of visitors
This type of permit is not included in Canadian immigration legislation, but generally allows a person to remain in Canada as a visitor for more than 6 months.
4) Temporary residence permit
The TRP, as it is better known, is given to people who are initially inadmissible to Canada, for having committed a crime for example, but that person has good reasons to enter Canada.
Permits do not serve as an entry document into Canada. Therefore, even if you have a valid permit, to return to Canada, you also need a valid temporary residence visa.
Many temporary residents confuse the terms mentioned above and the purpose of each and due to misinformation, end up making mistakes or making bad decisions. When in doubt, it is always a good idea to seek out a regulated immigration consultant so that your doubts can be clarified.
