Can I Work or Study In Canada if I am Inadmissible?
If you are inadmissible to Canada, but have a reason to want to come to Canada, this can be very concerning. It is especially concerning when an individual would like to visit Canada for something more than leisure, for example, to visit family at an important family event, or, for example to work. If you want to work in Canada but are currently inadmissible, do not immediately discount this as impossible. Oftentimes, individuals think if they are not allowed to visit Canada, there is no way they would be allowed to work in Canada, but this is not the case. So, if you want to work temporarily or permanently in Canada, keep reading to learn more about how you can make this possible, even if you’re currently inadmissible!
How Can I Work or Study if I am Inadmissible?
Let’s assume you’re applying to work in Canada as a temporary foreign worker. This means you will need a work permit. Regardless of the type of work permit you apply for, you will not be successful if you are an inadmissible traveler who has not addressed their inadmissibility yet. A work permit is just like a study permit, but a work permit allows the individual to work, not study. Regardless, both are documents which give permission to do certain things while you are in Canada, these are not documents which allow you into Canada because you have planned to come and work. Moreover, if you are from a non-visa exempt country, you will need to apply for a temporary resident visa before you can come to Canada on a work permit. If you are from a visa-exempt country, you will most likely need an eTA before you will be allowed to board your flight to Canada, though, you do not need any visa to allow you to enter the country so that you can begin to work. In other words, if you are not already permitted to enter Canada without documents other than the necessary travel documents, you will need to obtain permission to be in Canada from a temporary resident visa before you can enter Canada to work. Now, if you are an inadmissible traveler on top of this, you will need to obtain a temporary resident permit, or, apply for criminal rehabilitation to overcome your status as inadmissible, to then have the chance of being admitted entry to Canada with the necessary documents. Though, as with any individual who is inadmissible to Canada but wishes to enter on a temporary basis, you can overcome your inadmissibility to work or study in Canada with either of these options. Overall, being criminally inadmissible does not preclude the opportunity for you to work or study in Canada.
So I apply For a Temporary Resident Permit with my Application for a Work/ Study Permit, and then I can Work/ Study in Canada?
Well yes and no. You must have a temporary resident permit which is valid for a minimum of 6 months to be allowed to work in Canada while you are here. Oftentimes, a temporary resident permit is only approved for the length of time the individual is requesting to be in Canada. Therefore, if you claim you need to come for a period of less than 6 months and your temporary resident permit is only granted for that length of time, you cannot apply for a work permit. You are only permitted to be in Canada for the length of time the TRP is valid. Once the TRP expires, you must leave Canada immediately. Alternatively, you may apply to renew the permit before your valid temporary resident permit expires. If you do this successfully, you are permitted to stay in Canada until the application is processed. This is called having “implied status.”
Do I Apply for a Temporary Resident Permit at the Same Time as my Work or Study Permit?
Yes! Luckily, you can submit both of these applications at once. In fact, if you believe you’ll want to study or work while you’re in Canada, it is beneficial to submit both applications at once. If you do this, you are exempt from the $200 temporary resident permit processing fee, and must only pay the processing fees which accompany the work or study permit you are applying for.
It is Really Not Too Complicated!
Essentially, we have just explained that being inadmissible does not mean you cannot work or study in Canada, it simply means you’ll have to take a couple of extra steps and deal with your status as inadmissible, before you are permitted to work or study in Canada. Let us break it down step by step.
1. Acknowledge your status as inadmissible – prepare your application for a temporary resident permit.
It is important to understand that with this type of application, approval or refusal of the application is completely at the discretion of the officer. TRP’s are available to foreign nationals to give officers the power to weigh an individuals need to enter Canada against the risk they pose to Canadians. This means, your application must prove you have a compelling reason to enter Canada and that you are a “low risk traveler” who does not put Canadian society at risk. Most importantly, you must prove you intend to leave Canada at the end of your authorized stay.
2. Prepare Your Application For a Work or Study Permit.
If you are applying for a work permit, there are a variety of programs within the temporary foreign worker program you could apply to. Therefore, the process differs based on what kind of work permit you are looking to obtain. If you have a job offer from a Canadian employer, you will be applying for a closed work permit. If you wish to come to Canada for work but have no job offer, you’ll likely be looking to apply for an open work permit.
If you are applying for a study permit, you’ll need to have a letter of acceptance from a designated learning institution in Canada first. Once you have this, you can begin to prepare the other necessary documents needed in the application. You will need to provide proof of financial stability and ability to support yourself for the time you are in Canada. Additionally, you will need to prove you intend to return to your country of origin at the end of your authorized stay.
3. Apply for a Temporary Resident Visa or an eTA.
As I mentioned, if you are coming from a visa-exempt country, you will need to apply for an eTA to be permitted to board your flight to Canada. Or, if you are from a non-visa exempt country, you will need to apply for a temporary resident visa, before you will be admitted to Canada to study or work. Again, this requirement stands regardless of whether or not you are inadmissible.
Contact Akrami and Associates
If you’re someone who wants to study or work in Canada, but is inadmissible, don’t let this stand in your way! Though, because you are inadmissible, you’ll need to prepare a comprehensive application to ensure Canadian immigration officers do not deny your wish. If you’re thinking about applying for a work or study permit, it is important to have a good understanding of what is required for your application. Therefore, it is highly recommended that you seek out professional and experienced help before attempting to apply. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients renew, extend and change their study permits. If you believe that you may be eligible to apply, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.
With Akrami & Associates, there is always a way!