Most of my first consultations, especially with new clients, start the same way: Immigration Law 101.

In consultation, I begin with the difference between temporary residents and permanent residents because this is where people usually get confused. And it’s understandable—there’s a lot of misinformation out there.

So, let me give it a go.

When someone arrives at a Canadian port of entry—by air, land, or sea—there’s an immigration officer waiting to decide if this person is entering as a temporary resident or as a permanent resident.

That’s the first question they will ask themselves.

It’s not always something my clients have thought about in detail before coming to see me, let alone crossing the border. Sometimes, they’ve done a bit of research on their own, but often they’re unclear about the distinctions between permanent and temporary residents.

If you’re coming as a temporary resident, you’re saying: “I’m here for a specific purpose. Once I finish what I came to do, I’ll leave.”

But, if you’re coming as a permanent resident, you’re saying: “I’m here to live, make my home, and build my life in Canada.”

For those arriving as permanent residents, it’s usually straightforward at the port of entry. They’ve already gone through the immigration process, have all the necessary documents, and can show proof of their status to the immigration officer. But for temporary residents, it’s different. There are three main categories of temporary residents: visitors, international students, and temporary foreign workers.

Visitors come to Canada for tourism or to visit family. They have to show that they have the financial means to support their stay and that they have strong ties to their home country. They aren’t allowed to work or study, except for short language courses like English or French. They’re essentially saying, “I’m here for a short while, I’ll take some photos, enjoy my visit, and then I’ll head back home.”

Next, international students come to Canada with a study permit. Before arriving, they’ve already gone through the process of being accepted into a college or university, obtained a letter of acceptance, and secured a Provincial Attestation Letter (PAL) as part of federal regulations. They’ve also shown proof of funds for their education and living expenses. When they finish their studies, they’re expected to return to their country of origin. There have been programs and public policies encouraging international students to stay as foreign workers or even permanent residents, although this is changing and these pathways are closing.

Then, there are temporary foreign workers, who enter Canada on work permits. This usually involves an LMIA (Labour Market Impact Assessment), where the employer proves that they need a foreign worker because there are no suitable candidates in Canada. Sometimes, the work permit is exempt from the LMIA requirement. The duration of these permits can vary, but typically, once the permit expires, the worker is expected to return home. Of course, many workers end up renewing their permits or applying for new ones, but that’s a conversation for another time.

So, when I sit down for a consultation, one of the first things I try to gauge is how much the client knows about these distinctions. Many are confused because they’ve heard mixed messages or incomplete information.

In working out with a client the best way forward, part of my job [is] to clarify these differences and help clients understand their options and what the next steps should be for their specific situation.

And that’s usually where we begin.