Changing Your Immigration Status in Canada: From Visitor to PR and Everything in Between

Overview of Immigration Status in Canada

Every foreign national in Canada holds a specific immigration status that determines what they can and cannot do while in the country. Your status dictates whether you can work, study, or simply visit, and it comes with specific conditions and expiry dates that you must respect. Changing your status is a legal process governed by the Immigration and Refugee Protection Act (IRPA) and its regulations.

For newcomers, understanding the different types of status and how to transition between them is critical to building a life in Canada. A misstep in the process can result in loss of status, removal orders, or bars on future applications. This guide provides a thorough overview of the most common status changes and the procedures involved.

The main types of temporary status in Canada are:

• Visitor status: Allows you to stay in Canada temporarily for tourism, visiting family, or attending business meetings (but not working or studying)
• Study permit holder: Allows you to study at a designated learning institution (DLI)
• Work permit holder: Allows you to work for a specific employer or in a specific occupation

Visitor to Student: Applying for a Study Permit from Within Canada

If you entered Canada as a visitor and have been accepted to a program at a designated learning institution, you may be able to apply for a study permit without leaving Canada. This is known as applying for a change of status or change of conditions.

Eligibility Requirements

To apply for a study permit from within Canada as a visitor, you must meet specific criteria outlined by Immigration, Refugees and Citizenship Canada (IRCC):

• You must hold valid temporary resident status in Canada
• You must have a letter of acceptance from a designated learning institution
• You must demonstrate sufficient financial resources to pay tuition and support yourself
• You must meet all other study permit requirements (health, security, etc.)
• You must have completed a short-term course or program of study that was a prerequisite to your acceptance at a DLI (in some cases)

Application Process

Applications are submitted online through the IRCC portal. You will need to create an account (or use your existing one), complete the application forms, upload supporting documents (letter of acceptance, proof of funds, passport copy, photos), and pay the processing fee of $150. Processing times vary but can range from several weeks to several months depending on the volume of applications.

Student to Worker: Post-Graduation and Other Work Permit Options

One of the most common status transitions in Canada is from student to worker. Canada offers several pathways for international students to obtain work permits during and after their studies.

Post-Graduation Work Permit (PGWP)

The Post-Graduation Work Permit is one of the most valuable immigration tools available to international students in Canada. If you graduated from an eligible program at a designated learning institution, you may be eligible for an open work permit valid for up to 3 years, depending on the length of your program.

• Programs of 8 months to 2 years: PGWP valid for the same length as the program
• Programs of 2 years or more: PGWP valid for 3 years
• Programs less than 8 months: Not eligible for PGWP

The PGWP is an open work permit, meaning you can work for any employer in any occupation in Canada. This makes it an extremely flexible document. Apply within 180 days of receiving written confirmation of program completion. Check the PGWP eligibility requirements for the latest criteria.

Employer-Specific Work Permits

If you do not qualify for a PGWP, or if your PGWP is expiring, you may transition to an employer-specific work permit. This typically requires a Labour Market Impact Assessment (LMIA) from your employer, though LMIA-exempt categories exist under international agreements and other provisions.

Worker to Permanent Resident: The Pathways

Transitioning from temporary worker status to permanent residence is the goal for many newcomers in Canada. Several programs facilitate this transition.

Express Entry

The Express Entry system manages applications for three federal economic immigration programs: the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class. The Canadian Experience Class (CEC) is particularly relevant for workers already in Canada, as it values Canadian work experience.

To be eligible for the CEC, you generally need at least one year of skilled work experience in Canada within the last three years. Your experience must be in a TEER 0, 1, 2, or 3 occupation under the National Occupational Classification (NOC). Applications are ranked using the Comprehensive Ranking System (CRS), and candidates with the highest scores are invited to apply during regular draws. Visit the Express Entry page for details.

Provincial Nominee Programs (PNPs)

Each Canadian province and territory (except Quebec and Nunavut) operates its own nominee program that allows them to nominate individuals for permanent residence based on local labour market needs. A provincial nomination adds 600 CRS points to your Express Entry profile, virtually guaranteeing an invitation to apply.

Many PNPs have streams specifically designed for workers already employed in the province. Research the specific PNP for the province where you work. For example, British Columbia's PNP, Ontario's OINP, Alberta's AINP, and others all offer pathways tailored to local needs.

Quebec Immigration Programs

Quebec operates its own immigration system separate from the federal system. Workers in Quebec may apply through the Quebec Skilled Worker Program (QSWP) or the Programme de l'experience quebecoise (PEQ). These programs have their own criteria and application processes managed by the Ministere de l'Immigration, de la Francisation et de l'Integration (MIFI). See the Quebec immigration website for details.

Maintained Status (Formerly Implied Status)

One of the most important concepts in Canadian immigration is maintained status, previously known as implied status. Understanding this concept can prevent gaps in your legal status while transitioning between permits.

How Maintained Status Works

If you hold a valid work permit, study permit, or visitor record and you apply to extend or change your status before your current document expires, you are considered to have maintained your status under section 181 of the Immigration and Refugee Protection Regulations. This means:

• You can remain in Canada legally while your application is being processed
• If you held a work permit and applied for a new work permit, you can continue working under the same conditions as your previous permit
• If you held a study permit and applied for a new study permit, you can continue studying under the same conditions

Maintained status is not a new permit. It is a legal status that bridges the gap between your old permit expiring and your new application being decided. If your new application is approved, you receive a new permit. If it is refused, you must stop working or studying (as applicable) and may need to leave Canada.

Restoration of Status

If your temporary status has expired and you did not apply for an extension before the expiry date, you may be able to restore your status. Restoration is not guaranteed and is a discretionary decision by IRCC.

Eligibility for Restoration

• You must apply within 90 days of losing your status
• You must meet the initial requirements for the status you are seeking to restore
• You must not have failed to comply with any conditions of your previous status (other than the expiry)
• You must pay the restoration fee ($229) in addition to the regular application fee

While your restoration application is being processed, you must not work or study (depending on what status you are seeking to restore) unless you receive specific authorization from IRCC. This can create financial hardship, which is why it is so important to apply for extensions well before your status expires.

Flagpoling: What It Is and Why People Do It

Flagpoling is the practice of travelling to the Canada-U.S. border, briefly entering (or attempting to enter) the United States, and then returning to Canada to process an immigration transaction at the port of entry. While not an official IRCC procedure, it has been a common practice for years.

Why People Flagpole

• To activate a new work permit immediately rather than waiting weeks or months for online processing
• To process a change of employer on a work permit
• To obtain a new study permit when changing institutions
• To complete immigration transactions that are faster or easier at a port of entry

Risks and Considerations

Flagpoling is legal, but it carries risks. CBSA officers at ports of entry have full discretion to deny processing. Some border points have implemented restrictions on flagpoling due to high volumes, and you may face long wait times. Additionally, if you have any immigration issues or inadmissibility concerns, presenting yourself at the border could trigger an examination or refusal of entry.

Important Considerations for All Status Changes

Processing Times

IRCC processing times fluctuate regularly. Always check the current processing times before planning any status change. Submit applications well in advance to account for potential delays.

Maintaining Legal Status

The most important rule in any status transition is to maintain legal status throughout the process. Never let your status lapse without having a pending application. If you are unsure about your status or timeline, consult an immigration lawyer or a regulated Canadian immigration consultant (RCIC).

Working with an Immigration Professional

For complex status changes or if you have any concerns about inadmissibility, it is strongly recommended that you consult a licensed immigration professional. Only members of the College of Immigration and Citizenship Consultants (CICC) or lawyers who are members of a Canadian provincial law society can provide paid immigration advice in Canada.

For additional guidance on related topics, explore our guides on dual citizenship in Canada, renewing your Canadian passport, and refugee travel documents.

Final Thoughts on Changing Immigration Status

Navigating status changes in Canada requires careful planning, attention to deadlines, and a thorough understanding of the requirements for each transition. Whether you are moving from visitor to student, student to worker, or worker to permanent resident, the key is to start early, maintain your legal status at all times, and seek professional help when needed.

WelcomeAide is dedicated to supporting newcomers through every stage of their Canadian immigration journey. Use our AI Newcomer Navigator for personalized guidance, explore our blog for more immigration guides, learn about our mission, or discover how to get involved in helping newcomers across Canada.