Do I have to leave Canada when my work visa expires? Can I stay as a visitor

[wenwenwen13]

Hi guys,

Having trouble finding an answer to this.
I am wondering if I have to leave Canada once my visa expires?
Can I apply for a tourist visa so I don't have to leave?
If I do have to leave, when can I return as a visitor?

Thanks!

 

[Mhunter]

You need to apply for a visitor visa before your work visa expires. You can do this online or by mail, mail takes longer to get an answer so you will be on implied status as a visitor until you get your answer.

 

[wenwenwen13]

Thank you. Is this stated somewhere on the CIC website that i would be on implied status?
Also, what happens when this visa is granted? do you receive a letter or do you have to leave canada and re-enter to get passport stamped?

 

[Quink]

Hi wenwenwen13, I've got you covered on this one too....

This happened to me when I was waiting for my PNP nomination - my work permit expired and I wanted to stay in Canada while I waited to hear from them. What you need to do is complete an Application to Change Conditions or Extend Your Stay in Canada as a Visitor.

What you need to consider is that you can only have one type of status at once. So if you apply for a visitor visa before your work permit expires and it's approved, then that's it - you no longer have a work permit and you must stop working immediately. To avoid this, you should leave the visitor application until just before the end date of your work permit so that you don't waste any days of work opportunity.

This is where the implied status comes in to it. All you are required to do in order to avoid being "out of status" is have an application pending when your work permit expires. This means that if CIC have acknowledged receipt of your new application, your status in Canada is "implied" and you are allowed to remain until they make a decision. You will have to stop work immediately (obviously), and you will also not be able to leave Canada and return again until your new status is properly determined.

Assuming your visitor visa application is approved, you will first find out about it online and then they will mail you your new document. There is no need to flagpoll at the border to activate it.

 

[wenwenwen13]

Thank you very much. That answers all my questions! ;D

 

[wenwenwen13]

Actually.....
1 more question.
Am I better off applying to change status or apply for temporary resident visa from inside canada?

 

[Leon]

Actually.....
1 more question.
Am I better off applying to change status or apply for temporary resident visa from inside canada?

Yes, because you can stay in Canada and don't have to spend money leaving. Why would you leave in order to do this? Or do you want to leave for a time before coming back as a visitor?

 

[Quink]

Yeah if you have no compelling reason to leave and have enough funds to support yourself then applying from within Canada is the best option. The less you have to negotiate with border guards the better.

 

[wenwenwen13]

Ok so is this correct?
If I apply to change status i don't have to leave canada.
If I apply for tr visa from within Canada, that gives me permission to renter canada once I leave.
Is that right?

 

[Leon]

If you apply from within Canada, before your work visa expires, you are on implied status until you hear back and may stay at least until then.

However, leaving while on implied status cancels it so if you leave, you will be in the situation that your work permit has expired and your visit visa not yet approved so in that case, you can not enter until it is approved.

If you want to leave, then leave and apply for a new visit visa from outside Canada.

If you don't want to leave, then apply from inside Canada to change your status before it expires.

 

[wenwenwen13]

Thank you!
My situation is: My fiance is applying to for spousal visa to Australia which I'm hoping will get approved by December 2016. My visa expires in June 2016. I don't want to live without him. So I want to stay in Canada as a visitor until September as I have to go to back home for a friends wedding. I want to then return to Canada for 3 months or so until his Australian visa is approved.
So there are 2 possible scenarios:
If I apply to change status and it gets approved before I leave in September, will I be able to re-enter?
If I leave before it gets approved and it gets cancelled, will I have to apply for a tourist visa when I am back in Australia and wait the 27 days?
I really want to avoid having to live without him for a long amount of time.

Thanks!

 

[Leon]

Thank you!
My situation is: My fiance is applying to for spousal visa to Australia which I'm hoping will get approved by December 2016. My visa expires in June 2016. I don't want to live without him. So I want to stay in Canada as a visitor until September as I have to go to back home for a friends wedding. I want to then return to Canada for 3 months or so until his Australian visa is approved.
So there are 2 possible scenarios:
If I apply to change status and it gets approved before I leave in September, will I be able to re-enter?
If I leave before it gets approved and it gets cancelled, will I have to apply for a tourist visa when I am back in Australia and wait the 27 days?
I really want to avoid having to live without him for a long amount of time.

Thanks!

Since Feb. 2014 Canada considers all visa applications to be multiple entry, see http://www.cic.gc.ca/english/helpcentre/answer.asp?q=417&t=16 so if you are granted a multiple entry visa before leaving in September, you will be able to re-enter on that visa.

Otherwise, if you leave while on implied status and do not have a visa yet by the time you want to return, you will have to apply for a visa from where you are and wait however long it takes before you can leave for Canada again. That is unless you travel somewhere else in the meantime which of course you could.

 

[wenwenwen13]

Thank you very much!