In recent years, Canada introduced temporary pandemic-related measures that allowed individuals with visitor status to apply for a work permit without leaving the country. These measures were designed to address urgent labour shortages during global travel restrictions.
However, with Canada’s labour market stabilizing, Immigration, Refugees and Citizenship Canada (IRCC) has officially announced that as of August 28, 2024, individuals physically present in Canada under visitor status can no longer apply for a work permit from within Canada. This change requires visitors to carefully monitor their legal status and plan their next steps in accordance with standard immigration procedures.
This material provides a structured legal explanation of:
- The legal nature of visitor status and the Visitor Record;
- Changes to IRCC policy and the current legal framework;
- How to extend visitor status lawfully;
- What to do if you have overstayed;
- How certain groups, such as CUAET participants and children of work permit holders, are affected.
Visitor Status and the Visitor Record in Canada
Visitor status does not grant automatic rights to work or study in Canada. Foreign nationals entering Canada as visitors must leave the country by the date indicated in their travel documents, unless authorized otherwise.
A Visitor Record is an official immigration document that:
- Confirms your legal temporary resident status in Canada;
- Typically allows a stay of up to 183 days, though a border officer may impose a shorter period;
- Is separate from your passport or visa;
- Is not a visa and does not provide re-entry rights if you leave Canada.
It is essential to distinguish between a Temporary Resident Visa (TRV), which often permits multiple entries and may be valid for up to ten years, and your actual temporary status in Canada, which is determined at the port of entry by a border services officer (CBSA) and documented in your passport or through a Visitor Record.
Exception: Children of parents holding valid Canadian work or study permits are not automatically subject to standard visitor status rules. Their legal stay in Canada is often derived from their parents’ valid immigration status, even if they possess a Visitor Record.
Recent Changes for Visitors in 2024
Prior to August 28, 2024, visitors could apply for a work permit from within Canada due to temporary pandemic-related policies aimed at mitigating labour shortages.
According to the Canadian government, as of June 2024:
- 138% of jobs lost during the pandemic have been recovered;
- The national unemployment rate is 6%.
In response, Canada has begun phasing out temporary pandemic measures, including the ability for visitors to transition to worker status without leaving the country.
Consequently, individuals with visitor status wishing to stay in Canada or transition to another status must now follow standard immigration rules.
Extending Visitor Status and Restoration of Status
If you wish to remain in Canada beyond your authorized stay, you must apply for an extension of your visitor status. Key requirements include:
- Applications for extension must be submitted at least 30 days before your current status expires;
- Once your application is received by IRCC, you maintain maintained status (previously known as implied status), allowing you to legally remain in Canada while your application is processed;
- If you held a valid work or study permit prior to applying for an extension, you may continue working or studying under maintained status, provided your application was submitted before the expiry date of your permit.
If you miss the deadline:
- You cannot apply to extend your status after it has expired;
- You may apply for Restoration of Status within 90 days after expiry;
- If more than 90 days have passed, you must leave Canada to avoid legal complications.
Specific Considerations for CUAET Participants
Ukrainian nationals in Canada under the Canada-Ukraine Authorization for Emergency Travel (CUAET) program have unique provisions:
- The deadline to apply for an open work permit or status extension under CUAET is March 31, 2025;
- After this date, extensions will only be processed under standard rules with full application fees;
- Previous fee waivers for CUAET applicants no longer apply beyond this deadline.
These conditions require CUAET participants to carefully monitor their status and submit any applications in accordance with IRCC timelines.
Recommendations for Individuals with Visitor Status
To avoid legal issues or loss of status:
- Monitor the expiry dates of your Visitor Record, visa, or other temporary resident documents;
- Submit extension applications well in advance of expiry;
- Understand that transitioning from visitor status to worker or student now generally requires applying from outside Canada;
- Be aware of special conditions under programs like CUAET;
- If you are a parent with a valid work or study permit, consult immigration professionals to ensure your children’s legal status is properly maintained;
- Retain evidence of application submissions and maintained status to present to authorities if required.
Conclusions
The Visitor Record is an important document confirming your legal temporary stay in Canada, but it does not grant the right to work, study, or change status within Canada without following formal procedures. With the termination of temporary pandemic-related policies, all visitors must now comply with standard immigration processes to extend their stay, restore status, or pursue work or study permits.
Proactive management of your legal status, timely application submissions, and a clear understanding of your rights and obligations under Canadian immigration law are essential to maintaining lawful status and avoiding negative legal consequences during your stay in Canada.
