Can I get a PR with Visitor Visa?

[Azita143]

Hey All,

Hopefully all of you are doing well. Just wanna know a few quick questions. A family that I know are all set and cleared to come to Canada on a Visitor Visa for approximately 5 years (from Afghanistan). So here are my questions below:

1- Can they apply for PR (Permanent Residence) once they've arrived in Canada? They don't want to leave Canada and settle down. So just wanna know if it's "possible" to get a PR while on a Visitor Visa? Is it possible if all requirements are met? Or it isn't possible at all in any way through VV (Visit Visa)?

2- I've heard in order for you to apply for PR you need to have a work permit in Canada and work for (x) amount of years (gain Canadian experience for a few years or so) and then be able to apply. Is this correct?

That is all. Thank you so much for taking the time to read my post, Cheers.

 

[scylla]

1) Sure - theoretically it's possible. The processing of a PR application can take anywhere from six months to well over a year. You'll need to keep extending your visitor visa in Canada while waiting to ensure your status remains legal. It's up to CIC if your extension requests are approved or not. If an extension is refused and you're told to leave Canada - you'll need to do that. Keep in mind that as a visitor in Canada you won't be allowed to work or attend school - and won't qualify for the health care program. Make sure you bring enough money to live on while you wait and take our travel insurance.
2) No - you don't need a work permit or Canadian work experience to apply.

 

[Azita143]

1) Sure - theoretically it's possible. The processing of a PR application can take anywhere from six months to well over a year. You'll need to keep extending your visitor visa in Canada while waiting to ensure your status remains legal. It's up to CIC if your extension requests are approved or not. If an extension is refused and you're told to leave Canada - you'll need to do that. Keep in mind that as a visitor in Canada you won't be allowed to work or attend school - and won't qualify for the health care program. Make sure you bring enough money to live on while you wait and take our travel insurance.
2) No - you don't need a work permit or Canadian work experience to apply.

Hey Scylia, Thank you so much for responding my queries.

Also, do you believe the rate of rejection will be lower since they're coming with 2 kids with them? (They're a mother, a father, a younger son of 8 years old and a young daughter of 13 years old). So a family of 4 in total. Or that doesn't matter when processing? Also, will their kids be allowed go to the local school?

They want to work and study in Canada, so do you think it's possible if they could apply for Work/Study permit while in Canada or do they have to do that prior to coming from country of origin?

Many thanks once again for your time.

 

[scylla]

The fact you're coming with an entire family may increase the chances of refusal since it could look like you're attempting to live in Canada on a visitor visa.

Your children will need to obtain study permits to attend school. You will also need to pay tuition since they will be classified as international students. Expect to pay approximately $14K per child per year (so $28K total in tuition per year) if your children attend public schools. The costs will be higher if they attend a private school.

If you want to be able to work in Canada then you will need to obtain a full time job offer from an employer in Canada and then that employer will have to obtain an approved LMIA (this is quite an involved process which costs the employer money and typically takes 3-5 months to complete). If the LMIA is approved, you can then apply for a work permit. Due to the costs and processing times involved, it's typically difficult to find employers in Canada willing to go through the process.

 

[scylla]

Just to add - while you may hold a 5 year visitor visa to Canada - this doesn't mean you are allowed to visit Canada for 5 years straight. How long you'll be allowed into Canada will be up to the CBSA officer you encounter at the border. The most you'll be given is a six month visit. However it's also possible to be given less than six months if the officer has concerns you may have plans to remain in Canada long-term.

 

[Rob_TO]

Hopefully all of you are doing well. Just wanna know a few quick questions. A family that I know are all set and cleared to come to Canada on a Visitor Visa for approximately 5 years (from Afghanistan). So here are my questions below:

What kind of visitor visa allows a 5 years stay??

1- Can they apply for PR (Permanent Residence) once they've arrived in Canada? They don't want to leave Canada and settle down. So just wanna know if it's "possible" to get a PR while on a Visitor Visa? Is it possible if all requirements are met? Or it isn't possible at all in any way through VV (Visit Visa)?

Under what immigration stream do they qualify to apply for PR... express entry, Provincial Nominee program, etc?

 

[scylla]

What kind of visitor visa allows a 5 years stay??

My guess is that the visitor visa has a validity period of 5 years. Obviously there's no visitor visa that allows a 5 year stay.

 

[Azita143]

What kind of visitor visa allows a 5 years stay??

Under what immigration stream do they qualify to apply for PR... express entry, Provincial Nominee program, etc?

Hey Rob, thanks for your input. Appreciate it.

Regarding your question, Scylia's guess was the best bet. They're qualified for a 5 year duration (validation period) of their VV with 6 months maximum (which could perhaps be lengthened if all goes through well).

Immigration steam, well good question. They haven't decided that yet since they don't know which path to apply in order to settle down and successfully get a PR. Any thoughts on which stream should they be looking for?

I'm quiet sure VV wasn't exactly the best measure if they wanted to obtain a PR in this case since they'd be bootstrapping themselves into a PR through a VV. And of course, that doesn't exactly form a right impression through an immigration standpoint on their situation. Unless I'm wrong?

 

[scylla]

The visitor visa and/or being in Canada as visitors doesn't give them any advantages or additional options when applying for PR. So I'm not sure what you mean by 'bootstrapping themselves into PR through a VV'. There's no PR stream specifically for visitors.

To apply for PR, they have to meet the requirements of one of Canada's immigration programs. There are a lot of factors that go into determine if and for which program someone might qualify for including their education, past work experience, what sort of jobs they've held (skill level), language abilities, funds available to support their move to Canada, and more. We can't recommend a program. They'll need to research the various programs to see what it takes to apply and determine which ones they may qualify for. This information can be found here: http://www.cic.gc.ca/english/immigrate/apply.asp

 

[Azita143]

The visitor visa and/or being in Canada as visitors doesn't give them any advantages or additional options when applying for PR. So I'm not sure what you mean by 'bootstrapping themselves into PR through a VV'. There's no PR stream specifically for visitors.

To apply for PR, they have to meet the requirements of one of Canada's immigration programs. There are a lot of factors that go into determine if and for which program someone might qualify for including their education, past work experience, what sort of jobs they've held (skill level), language abilities, funds available to support their move to Canada, and more. We can't recommend a program. They'll need to research the various programs to see what it takes to apply and determine which ones they may qualify for. This information can be found here:

Spot on scylia! Thank you for your detailed response.

 

[Rob_TO]

A family that I know are all set and cleared to come to Canada on a Visitor Visa for approximately 5 years (from Afghanistan). So here are my questions below:

They don't want to leave Canada and settle down.

Better be careful here. With a visitor visa they are expected to be temporary visitors to Canada. This means having luggage typical of a visitor, a visitor itinerary, and return tickets dated somewhere less than 6 months later. If CBSA suspect they "don't want to leave" Canada, they can certainly deny them entry and return them back to home country regardless of their visitor visas.

 

[subodhp]

Don't think premise of original question is right, do realize that pr process can take as long as a year in some cases and I don't expect your visit to be that long.

If you really meant to ask whether you can visit Canada while pr is pending, yes it is possible.

If you meant to ask whether you can come in on visitor Visa and then hope to become approved for pr later, no, in fact your application can be rejected entry for misrepresenting your case.