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Re: Temp visa while waiting for working visa possible?
Posted: Sun Aug 13, 2023 3:00 am
by Randomletters
I think that in recent years, the requirement to leave the country has quietly been dropped. I think it should be possible to convert from a tourist visa to a working visa, provided they have an employer willing to sponsor them.
However, I would say that in my experience (university faculty working in an international program - so I have to deal with visa application stuff somewhat regularly), immigration tend to waiver between being permissive and being strict. It seems to depend on how many cases of visa-fraud have turned up recently.
Re: Temp visa while waiting for working visa possible?
Posted: Sun Aug 13, 2023 9:38 am
by adamu
Randomletters wrote: ↑Sun Aug 13, 2023 3:00 am
I think that in recent years, the requirement to leave the country has quietly been dropped. I think it should be possible to convert from a tourist visa to a working visa, provided they have an employer willing to sponsor them.
However, I would say that in my experience (university faculty working in an international program - so I have to deal with visa application stuff somewhat regularly), immigration tend to waiver between being permissive and being strict. It seems to depend on how many cases of visa-fraud have turned up recently.
It's certainly a grey area. Here is the the wording of the law (Immigration Act, Article 20, Clause 3, emphasis mine):
If an application for a change of status of residence has been filed as set forth in the preceding paragraph, the Minister of Justice may grant permission only if the Minister finds that there are reasonable grounds to grant the change of the status of residence based on the documents submitted by the foreign national; provided, however, that in the case of an application submitted by a person whose status of residence is "Temporary Visitor," permission is not to be granted unless the application is made based on special unavoidable circumstances.
In the OP's case, it definitely doesn't seem to be unavoidable, but rather intentional. However, I'm not the Minister of Justice, so it's not up to me