Temporary visas bring many individuals to Canada to work or study and with the time, their situations can be altered. Education team members might want to join another learning center or the labor force might get a better offer or have to quit the job. This transition may be a progression in life, however, it has legal implications and it has to be observed to the latter.
Canada has well-defined immigration laws that regulate the ability of foreign nationals to switch schools or employers and at the same time remain legal. Nonobservance of these regulations may cause the violation of terms of the visa, which may bring legal issues or even deportation. Managing these transitions within the legal framework is something that is necessary to know of all visa holders.
Rules For Changing Schools As A Student Visa Holder
International students with a valid study permit in Canada may switch schools, however there is a correct procedure to follow to ensure that they are still within the regulation of immigration. The new school should be a Designated Learning Institution/DLI this implies that the school has been certified by the government to receive international students. After a student gains admission to a new DLI, he/she should inform Immigration, Refugees and Citizenship Canada (IRCC) of it using his online account.
Until and unless a new institution accepts the person, the legal requirement is not met by the mere fact that a new institution accepted the intention of the person to be accepted. The students should also update the records of their profile with the new school information and also renew their study permit throughout the completion of the new program. Before making the transition, consultation with an immigration lawyer should be sought to ensure that the transition is being managed and to ensure that the student should be able to uphold all the visa requirements.
Guidelines For Changing Employers As A Work Permit Holder
The situation is different when it comes to individuals that work on an employer-specific work permit; the switching of employers is a more complex process in such a case. These permits are linked with the job in the original application, the name of the employer, job title and location. A worker who desires to change employers has to apply to be issued with a new work permit before moving to a new job. Proper authorization should be granted by IRCC before one can be employed to work by any other employer.
Depending on the job, the requirement to have a new Labour Market Impact Assessment (LMIA) that is requisite by the application of a new work permit might have to be sought. Time of processing, and additional papers needed are different so careful planning is important, including the time without any legal employment status. Talking to a Toronto immigration lawyer will allow workers to realize what is going on and implement the change without any hitch or without it getting quashed.
Maintaining Legal Status During Transitions
The first thing in the mind should be preserving legal status in Canada whether one is switching schools or employers. Any breach in the visa requirements may lead to considerable effects such as deportation to the home country or to requalification by applying outside of the country. One should make sure that new applications are filed prior to the end of the current permit and that the holder of a visa is not able to work or study without special permission.
Most of the time, a visa holder can enjoy an application in process referred to as implied status in staying in Canada. This implies that they are allowed to remain in it and in most instances, they can keep on working or studying under the same terms of their former permit. This may however be a complicated issue and immigration lawyers should be consulted to verify whether a particular case falls under implied status or not.
Legal Support And Professional Advice
Switching schools or employment with a Canadian visa is a big move that must be well legalistically thought out. Oversights or mistakes in which a visa may be violated and you may lose your further life in Canada. That is why a number of people need to consult an immigration lawyer to make sure they are walking on the correct path and adhering to the latest legal practices.
An immigration lawyer in Toronto that deals with study and work visas may be able to offer custom advice depending on the case of the visa holder. They will be able to assist in application preparation, correspond to IRCC and address any confusion in the process of transition. Legal advice will help to make the procedure more effective, minimizing the risk of adverse situations, and will provide comfort.
Conclusion
Some Canadian visa holders may be in the position to shift their schools or employers due to academic progress, professional reasons or personal matters. Although these reverses are not unusual, the immigration policies and procedures will have to be strictly followed. The right procedures must be adhered to gain legal protection and keep the chances in Canada available.
International students and workers can make these transitions successfully by staying in touch with information and consulting legal help in case they require it. Having a proper plan and mindful consideration of the details will make the shift of schools or employers smooth with the ability to ensure long-plan goals in Canada.