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Wow! Can a person with 2-year visitor record apply for OWP?

Rayan75

Star Member
Dec 25, 2017
66
6
According to Open Work Permit eligibility requirements;
You can only apply for a work permit from inside Canada if
  • you have a valid study or work permit
  • your spouse, common-law partner or parents have a valid study or work permit
  • you’ve graduated from a program at a:
    • Canadian university
    • community college
    • CÉGEP
    • publicly funded trade/technical school, or
    • other eligible school
  • you have a temporary resident permit that is valid for six months or more
  • you’re waiting on a decision on an application for permanent residence from inside Canada
  • you made or will make a claim for refugee protection
  • you’ve been recognized as a convention refugee or protected person by the Immigration and Refugee Board of Canada
Source: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/eligibility.html


My question is:
Can a person with a 2-year valid visitor record (not a temporary resident permit) be able to apply for an open work permit?


She has a valid TRV for 10 years plus a valid visitor record for 2 years.

When she arrived to Canada, broader officer issued her a visitor record ( similar to this one ). The visitor record she has expires in Dec, 2021. So basically, she's allowed to stay in Canada for consecutive 2 years as a 'visitor'.

She is single, in Canada by her own, no spouse/ no son/partner/direct family member, etc.

What are her chances of getting an open work permit?

If you ask me what is so special about her case to be granted 2-year visitor record, I think because she previously has lived in Canada for some 10 years and got her MBA from UBC, then she moved overseas for work, family, travel, etc. Don't know exactly what convinced the officer to issue her a longer visitor record. I guess she's lucky.

She asked me about her chances to be approved an OWP.


Your thoughts?
 

dotslash227

Champion Member
Apr 28, 2019
1,846
367
According to Open Work Permit eligibility requirements;
You can only apply for a work permit from inside Canada if
  • you have a valid study or work permit
  • your spouse, common-law partner or parents have a valid study or work permit
  • you’ve graduated from a program at a:
    • Canadian university
    • community college
    • CÉGEP
    • publicly funded trade/technical school, or
    • other eligible school
  • you have a temporary resident permit that is valid for six months or more
  • you’re waiting on a decision on an application for permanent residence from inside Canada
  • you made or will make a claim for refugee protection
  • you’ve been recognized as a convention refugee or protected person by the Immigration and Refugee Board of Canada
Source: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/eligibility.html


My question is:
Can a person with a 2-year valid visitor record (not a temporary resident permit) be able to apply for an open work permit?


She has a valid TRV for 10 years plus a valid visitor record for 2 years.

When she arrived to Canada, broader officer issued her a visitor record ( similar to this one ). The visitor record she has expires in Dec, 2021. So basically, she's allowed to stay in Canada for consecutive 2 years as a 'visitor'.

She is single, in Canada by her own, no spouse/ no son/partner/direct family member, etc.

What are her chances of getting an open work permit?

If you ask me what is so special about her case to be granted 2-year visitor record, I think because she previously has lived in Canada for some 10 years and got her MBA from UBC, then she moved overseas for work, family, travel, etc. Don't know exactly what convinced the officer to issue her a longer visitor record. I guess she's lucky.

She asked me about her chances to be approved an OWP.


Your thoughts?
Is uBC = University of British Columbia? If yes, she would be eligible because she has graudated from a canadian university. Otherwise, not.
 

Rayan75

Star Member
Dec 25, 2017
66
6
Is uBC = University of British Columbia? If yes, she would be eligible because she has graudated from a canadian university. Otherwise, not.
But she graduated long time ago, maybe 7 or 10 years ago. Left Canada since then and she never came back until this month. Post-grad work permits have a 180 days requirements to be eligible.
 

dotslash227

Champion Member
Apr 28, 2019
1,846
367
But she graduated long time ago, maybe 7 or 10 years ago. Left Canada since then and she never came back until this month. Post-grad work permits have a 180 days requirements to be eligible.
Criteria number 3 doesn't give a time boundary, if there had been a time restriction, I believe it would had been mentioned.
 

Rayan75

Star Member
Dec 25, 2017
66
6
Criteria number 3 doesn't give a time boundary, if there had been a time restriction, I believe it would had been mentioned.
PGWP is an open work permit that has its time-specefic requirements, she definitely does not qualify for that one since it has been over 10 years. PGWP for RECENT grads (within the last 180 days) received their degree from a Canadian Uni.
Grammar wise: "you've graduated = recently"

I was asking about this (condition # 4 in the list above):
  • you have a temporary resident permit that is valid for six months or more
Would her 2-year visitor record let make eligible for applying for Open Work permit?
 

scylla

VIP Member
Jun 8, 2010
97,294
23,118
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
According to Open Work Permit eligibility requirements;
You can only apply for a work permit from inside Canada if
  • you have a valid study or work permit
  • your spouse, common-law partner or parents have a valid study or work permit
  • you’ve graduated from a program at a:
    • Canadian university
    • community college
    • CÉGEP
    • publicly funded trade/technical school, or
    • other eligible school
  • you have a temporary resident permit that is valid for six months or more
  • you’re waiting on a decision on an application for permanent residence from inside Canada
  • you made or will make a claim for refugee protection
  • you’ve been recognized as a convention refugee or protected person by the Immigration and Refugee Board of Canada
Source: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/eligibility.html


My question is:
Can a person with a 2-year valid visitor record (not a temporary resident permit) be able to apply for an open work permit?


She has a valid TRV for 10 years plus a valid visitor record for 2 years.

When she arrived to Canada, broader officer issued her a visitor record ( similar to this one ). The visitor record she has expires in Dec, 2021. So basically, she's allowed to stay in Canada for consecutive 2 years as a 'visitor'.

She is single, in Canada by her own, no spouse/ no son/partner/direct family member, etc.

What are her chances of getting an open work permit?

If you ask me what is so special about her case to be granted 2-year visitor record, I think because she previously has lived in Canada for some 10 years and got her MBA from UBC, then she moved overseas for work, family, travel, etc. Don't know exactly what convinced the officer to issue her a longer visitor record. I guess she's lucky.

She asked me about her chances to be approved an OWP.


Your thoughts?
No - a person with a two year visitor record does not qualify for an OWP. You must be holding a TRP to qualify.
 

scylla

VIP Member
Jun 8, 2010
97,294
23,118
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks Scylla, what a wonderful lady you are! ;) :) God bless you
Hopefully you understand what a TRP is. This is different than a TRV which is a normal tourist visa. A TRP is a special class of visitor visa that is very difficult to obtain and only available to those who are otherwise inadmissible to Canada - typically due to a crime they committed outside of Canada. Very few people hold TRPs and qualify for open work permits through this rule.
 

Rayan75

Star Member
Dec 25, 2017
66
6
Hopefully you understand what a TRP is. This is different than a TRV which is a normal tourist visa. A TRP is a special class of visitor visa that is very difficult to obtain and only available to those who are otherwise inadmissible to Canada - typically due to a crime they committed outside of Canada. Very few people hold TRPs and qualify for open work permits through this rule.
Yes, I'm familiar with TRP.
I have been reading about it a lot, in fact, one of my family members is in Canada is a TRP holder. What I am really concerned/confused about is the difference between the obligations of TRP vs long-term Visitor records. In CIC website, they explicitly explained and distinguish between
TRV vs Visitor Record
TRP vs TRV
but NOT between TRP and Visitor Records. Leaving us believing that both documents imply a similar status (and obligations in regards to Open Work Permit eligibility). Not anywhere in CIC website it mentions if a person on a long term visitor record (6+ months) can or cannot apply for a work permit. I know some parents on Super Visa can stay in Canada longer than 6 months, but not sure if they're allowed to apply for other type of permits from within Canada during their long-term stay.

I hope you can see where my conclusion came from.
 

scylla

VIP Member
Jun 8, 2010
97,294
23,118
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes, I'm familiar with TRP.
I have been reading about it a lot, in fact, one of my family members is in Canada is a TRP holder. What I am really concerned/confused about is the difference between the obligations of TRP vs long-term Visitor records. In CIC website, they explicitly explained and distinguish between
TRV vs Visitor Record
TRP vs TRV
but NOT between TRP and Visitor Records. Leaving us believing that both documents imply a similar status (and obligations in regards to Open Work Permit eligibility). Not anywhere in CIC website it mentions if a person on a long term visitor record (6+ months) can or cannot apply for a work permit. I know some parents on Super Visa can stay in Canada longer than 6 months, but not sure if they're allowed to apply for other type of permits from within Canada during their long-term stay.

I hope you can see where my conclusion came from.
Those on super visas are not allowed to apply for an OWP. This rule isn't specifically stated anywhere on the IRCC web site either.

The OWP rule applies to TRPs only. A visitor record is not a TRP. They are two completely differen things.
 

dotslash227

Champion Member
Apr 28, 2019
1,846
367
PGWP is an open work permit that has its time-specefic requirements, she definitely does not qualify for that one since it has been over 10 years. PGWP for RECENT grads (within the last 180 days) received their degree from a Canadian Uni.
Grammar wise: "you've graduated = recently"

I was asking about this (condition # 4 in the list above):
  • you have a temporary resident permit that is valid for six months or more
Would her 2-year visitor record let make eligible for applying for Open Work permit?

Temporary resident permit is not equal to visitor permit. So, no.
 
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Reactions: scylla

dotslash227

Champion Member
Apr 28, 2019
1,846
367
PGWP is an open work permit that has its time-specefic requirements, she definitely does not qualify for that one since it has been over 10 years. PGWP for RECENT grads (within the last 180 days) received their degree from a Canadian Uni.
Grammar wise: "you've graduated = recently"

I was asking about this (condition # 4 in the list above):
  • you have a temporary resident permit that is valid for six months or more
Would her 2-year visitor record let make eligible for applying for Open Work permit?

If "you've graduated" was equal to "you've graduated recently", it would have said, "you've graduated recently".
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
06/12
Yes, I'm familiar with TRP.
I have been reading about it a lot, in fact, one of my family members is in Canada is a TRP holder. What I am really concerned/confused about is the difference between the obligations of TRP vs long-term Visitor records. In CIC website, they explicitly explained and distinguish between
TRV vs Visitor Record
TRP vs TRV
but NOT between TRP and Visitor Records. Leaving us believing that both documents imply a similar status (and obligations in regards to Open Work Permit eligibility). Not anywhere in CIC website it mentions if a person on a long term visitor record (6+ months) can or cannot apply for a work permit. I know some parents on Super Visa can stay in Canada longer than 6 months, but not sure if they're allowed to apply for other type of permits from within Canada during their long-term stay.

I hope you can see where my conclusion came from.
IRCC clearly states on the website who qualifies for work permits. The common sense deduction is that people not listed therefore don't qualify for a work permit. Visitors are NOT listed.
 
  • Like
Reactions: dotslash227