IMM 5710 – Application to Change Conditions, Extend My Stay or Remain in Canada as a Worker

1. What is the purpose of the IMM 5710 application?

The purpose of the IMM 5710 application is to allow individuals in Canada on a work permit to apply to extend their stay, change their conditions, or transition to another type of work permit. By completing this application, applicants can request to extend their work permit before it expires, modify the conditions of their current work permit such as employer or job position, or apply for a new work permit if they meet the eligibility criteria for a different type of work permit. It is important for individuals to submit this application before their current work permit expires to maintain their legal status in Canada.

2. Who is eligible to apply using the IMM 5710 form?

1. Individuals who are already in Canada and hold a valid work permit may be eligible to apply using the IMM 5710 form to change conditions, extend their stay, or remain in Canada as a worker. This form is typically used by foreign workers who wish to extend their work permits, change employers, or transition to a different type of work permit while remaining in Canada.

2. In addition to the above criteria, individuals who are applying under specific programs such as the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP) may also use the IMM 5710 form to make changes to their status. It is important to note that eligibility criteria may vary depending on the specific circumstances of each individual case, so it is recommended to carefully review the instructions and guidelines provided by Immigration, Refugees and Citizenship Canada (IRCC) before submitting an application using the IMM 5710 form.

3. What are the required documents to submit with the IMM 5710 application?

When submitting an IMM 5710 application to change conditions, extend stay, or remain in Canada as a worker, you need to include several important documents to support your application. The required documents typically include:

1. A completed Application to Change Conditions, Extend My Stay or Remain in Canada as a Worker form (IMM 5710).
2. Proof of continued employment in Canada, such as a job offer letter, employment contract, or a letter from your employer.
3. Valid passport or travel document.
4. Copy of your work permit.
5. Proof of financial support to cover your expenses in Canada, such as bank statements or a letter from your financial institution.
6. Police clearance certificates from each country where you have lived for six months or more since the age of 18, if required.
7. Completed Use of a Representative form (IMM 5476), if applicable.
8. Any other documents requested by Immigration, Refugees, and Citizenship Canada (IRCC) to support your application.

It is essential to ensure that all required documents are included and that they are up to date and in the correct format to avoid any delays or issues with your application.

4. How do I apply to change conditions as a worker in Canada using form IMM 5710?

To apply to change conditions as a worker in Canada using form IMM 5710, you must first ensure that you are eligible to apply for a change in conditions. You can find detailed information about eligibility criteria on the Immigration, Refugees, and Citizenship Canada (IRCC) website. Once you have confirmed your eligibility, you can download the IMM 5710 form from the IRCC website. Fill out the form accurately and completely, providing all the necessary information about your current status, the changes you wish to make, and any supporting documents required. Make sure to include the applicable fee for processing your application.

Submit your completed IMM 5710 form and supporting documents to the appropriate IRCC office by mail or online, depending on the instructions provided on the form. It is essential to double-check that all information is correct and that you have included all required documents to avoid delays or possible rejection of your application. After submitting your application, you may be required to attend an interview or provide additional information if requested by IRCC.

5. Can I extend my stay in Canada as a worker with the IMM 5710 application?

Yes, you can extend your stay in Canada as a worker by submitting the IMM 5710 application. This application is specifically designed for individuals who wish to change conditions, extend their stay or remain in Canada as a worker. To apply for an extension, you must ensure that you meet the eligibility criteria outlined by Immigration, Refugees and Citizenship Canada (IRCC). This includes having a valid job offer, meeting the requirements of the Temporary Foreign Worker Program, and complying with any other conditions of your current work permit. Additionally, it is essential to submit your application before your current work permit expires to maintain your status in Canada while your application is being processed. It is recommended to thoroughly review the application guidelines and provide all required documentation to support your request for an extension.

6. What is the processing time for the IMM 5710 application?

The processing time for an IMM 5710 application can vary depending on various factors such as the volume of applications received, the completeness of the application, and the specific circumstances of the applicant. Generally, Immigration, Refugees, and Citizenship Canada (IRCC) provides the most up-to-date processing times on their website. Currently, processing times for an IMM 5710 application are typically around X to Y weeks, but this can change frequently. It is important to ensure that all required documents are included with the application to avoid any delays in processing. Applicants can also check the status of their application online through the IRCC website using their unique application or file number.

7. How much does it cost to submit the IMM 5710 application?

The cost to submit an IMM 5710 application varies depending on the type of application being submitted. As of the most recent update, the processing fee for an application to change conditions, extend a stay, or remain in Canada as a worker is $155 CAD per applicant. In addition to this fee, there may be biometric fees, accompanying dependent fees, or any other additional fees depending on individual circumstances. It is important to check the Immigration, Refugees and Citizenship Canada (IRCC) website for the most up-to-date fee information before submitting an application.

8. Can I apply for permanent residency through the IMM 5710 form?

No, you cannot apply for permanent residency through the IMM 5710 form. The IMM 5710 form, also known as the Application to Change Conditions, Extend My Stay or Remain in Canada as a Worker, is specifically used for temporary residents in Canada who wish to extend their stay, change their conditions, or transition to a different status as a worker. If you are interested in applying for permanent residency in Canada, you would need to explore other immigration pathways such as the Express Entry system, Provincial Nominee Programs, Family Sponsorship, or other specific immigration programs designed for individuals seeking permanent residency. It’s important to research and understand the eligibility criteria and requirements of the specific permanent residency program you are interested in before applying.

9. What are the common reasons for refusal of an IMM 5710 application?

There are several common reasons for the refusal of an IMM 5710 application to change conditions, extend stay, or remain in Canada as a worker. Some of the typical reasons include:

1. Incomplete or inaccurate forms: If any of the required forms are incomplete, incorrectly filled out, or missing necessary information, the application may be refused.

2. Lack of supporting documents: Failure to provide all the necessary supporting documents, such as employment contracts, work permits, or proof of financial means, can lead to a refusal.

3. Ineligibility: If the applicant does not meet the eligibility requirements for the specific type of work permit or extension they are applying for, their application may be refused.

4. Criminal inadmissibility: Individuals with a criminal record or any other immigration-related issues may face refusal of their application.

5. Medical inadmissibility: Applicants who do not meet the necessary medical requirements may also have their application refused.

6. Failure to demonstrate ties to home country: If the applicant is unable to prove strong ties to their home country, such as family, property, or employment, it may raise concerns regarding the intention to return after the work permit expires.

7. Lack of proof of job offer: If the applicant fails to provide sufficient evidence of a valid job offer from a Canadian employer, their application may not be successful.

8. Failure to demonstrate sufficient funds: If the applicant cannot demonstrate that they have enough financial means to support themselves while in Canada, their application may be refused.

9. Past immigration history: Previous immigration violations or overstays in Canada may also result in the refusal of an application to change conditions, extend stay, or remain in Canada as a worker.

10. Can I apply for an open work permit using the IMM 5710 form?

Yes, you can apply for an open work permit using the IMM 5710 form. An open work permit allows you to work for any employer in Canada, except for those who are listed as ineligible employers. To apply for an open work permit using the IMM 5710 form, you must meet the eligibility criteria outlined by Immigration, Refugees and Citizenship Canada (IRCC). This includes having a valid job offer from a Canadian employer, being able to prove that you will leave Canada once your work permit expires, and meeting all other requirements for temporary residence in Canada. It’s important to carefully read the instructions provided on the form and ensure that you submit all required documents to support your application for an open work permit.

11. Do I need to include a job offer with the IMM 5710 application?

Yes, in most cases, you will need to include a job offer with your IMM 5710 application if you are applying to extend your stay or change your conditions as a worker in Canada. The job offer serves as a key supporting document that demonstrates your eligibility to work in Canada, and it helps immigration authorities assess the validity and terms of your employment. When including a job offer, it should meet certain requirements, such as being from an eligible employer and containing specific details about the job, including the position title, duties, wages, and working conditions. Providing a complete and accurate job offer letter can strengthen your application and increase the likelihood of approval. If your situation does not require a job offer, such as if you are applying for an open work permit, you may not need to include one with your application.

12. Can I include my family members in the IMM 5710 application?

Yes, you can include your family members in your IMM 5710 application. When applying to change conditions, extend your stay, or remain in Canada as a worker, you have the option to include your accompanying family members such as your spouse or common-law partner, as well as any dependent children. Including your family members in your application is important if you wish to ensure that they can also legally stay in Canada while you are working here. To do so, you need to provide the required information and documentation for each family member, demonstrating their relationship to you and their eligibility for status in Canada as your dependents. Each family member will need to meet the eligibility criteria and requirements set out by Immigration, Refugees and Citizenship Canada (IRCC) for their respective category of family member.

13. What are the different categories of workers eligible to apply using the IMM 5710 form?

There are several categories of workers who can apply to change conditions, extend their stay, or remain in Canada using the IMM 5710 form. Some of the eligible categories include:

1. Temporary Foreign Workers: Individuals who are in Canada on a work permit and wish to extend their stay or change employers may use the IMM 5710 form.

2. International Mobility Program Participants: Workers under the International Mobility Program, such as Intra-Company Transfers or International Experience Canada, can apply using the IMM 5710 form to extend their stay.

3. Post-Graduation Work Permit Holders: Recent graduates from Canadian institutions who hold a post-graduation work permit and want to continue working in Canada can apply using this form.

4. Spouses or Common-law Partners of Workers: Spouses or common-law partners of foreign workers in Canada who hold a valid work permit may also be eligible to apply for an extension or change of conditions using the IMM 5710 form.

It is important to carefully review the eligibility requirements for each category before submitting an application through the IMM 5710 form to ensure that all necessary criteria are met.

14. Can I apply for an employer-specific work permit using the IMM 5710 application?

Yes, you can apply for an employer-specific work permit using the IMM 5710 application. In order to do so, you must meet the eligibility criteria for a work permit as outlined by Immigration, Refugees and Citizenship Canada (IRCC). You will need to provide detailed information about your job offer, such as the employer’s name, address, and the duration of the job, in your application. Additionally, you must include supporting documents, such as a copy of your job offer letter, a positive Labour Market Impact Assessment (if required), and proof of your qualifications or work experience. It is essential to ensure that all required information and documents are included with your application to increase the likelihood of a successful outcome. If you have any doubts or need assistance with your application, consider consulting with an immigration professional familiar with the process.

15. Can I change employers while on a work permit obtained through the IMM 5710 application?

Yes, you can change employers while on a work permit obtained through the IMM 5710 application. However, there are certain conditions and steps you must follow:

a. Inform IRCC: You must inform Immigration, Refugees and Citizenship Canada (IRCC) about the change of employer. This can usually be done by submitting a notification online through your IRCC account.

b. Verify LMIA: If your original work permit was tied to a specific Labour Market Impact Assessment (LMIA) or employer, you may need a new LMIA from the new employer before you can switch jobs.

c. Obtain a new work permit: Depending on the circumstances, you may need to apply for a new work permit with the updated employer information.

d. Check validity: Ensure that your work permit remains valid for the duration of your employment with the new employer. If needed, apply for an extension to cover the new job period.

It is crucial to follow the proper procedures and maintain compliance with the conditions of your work permit when changing employers in Canada.

16. Can I apply for a bridging open work permit with the IMM 5710 form?

Yes, you can apply for a bridging open work permit using the IMM 5710 form. A bridging open work permit is designed to bridge the gap between the expiry of your current work permit and the final decision on your application for permanent residence. To apply for a bridging open work permit using the IMM 5710 form, you must meet certain eligibility criteria such as having valid status in Canada at the time of application, having a work permit that is set to expire within 4 months, and having applied for permanent residence under certain economic immigration programs. It is important to carefully review the eligibility criteria and instructions provided by Immigration, Refugees and Citizenship Canada (IRCC) before submitting your application to ensure a smooth process.

17. What happens if my work permit expires before a decision is made on my IMM 5710 application?

If your work permit expires before a decision is made on your IMM 5710 application, you may be eligible to continue working in Canada under implied status. Implied status allows you to legally remain in Canada and continue working under the same conditions as your expired work permit until a decision is made on your application. However, to benefit from implied status, you must have submitted your application to extend your work permit before your current permit expires, and must remain in Canada while the application is being processed.

During the implied status period, you are entitled to the same rights and privileges as you had under your previous work permit, including the ability to work for the same employer. It is recommended to carry proof of your application for a work permit extension, such as a copy of your submitted application and a receipt of payment.

If your application is ultimately refused, your implied status ends immediately upon receiving the refusal notification, and you must cease working in Canada. It is essential to monitor the status of your application closely and make any necessary arrangements in case of a refusal to ensure compliance with Canadian immigration regulations.

18. Can I travel outside of Canada while my IMM 5710 application is in process?

Yes, you can travel outside of Canada while your IMM 5710 application is in process, but you should be aware of a few important considerations:

1. Travel Documents: Make sure you have the necessary travel documents, including a valid passport and any additional visas or permits required for the country you plan to visit.

2. Return to Canada: If your application is still in process when you return to Canada, you will need to satisfy the border services officer that you meet the requirements for entry as a temporary resident. Be prepared to present your supporting documents, such as your job offer letter or proof of employment in Canada.

3. Biometrics: If you need to provide biometrics as part of your application, you may need to be present in Canada to do so. Check the specific requirements for biometric collection based on your nationality and the location of your biometrics collection site.

4. Communication: Make sure to keep in communication with Immigration, Refugees and Citizenship Canada (IRCC) regarding your whereabouts and any changes to your situation while you are outside of Canada. This can help minimize any delays or issues with your application processing.

5. Risk: There is always a slight risk involved in traveling while your immigration application is pending, as unforeseen circumstances could potentially impact the processing of your application. Consider these factors before deciding to travel outside of Canada during this time.

In summary, while it is possible to travel outside of Canada during the processing of your IMM 5710 application, it is important to proceed with caution and be mindful of the potential implications on your immigration status.

19. How can I check the status of my IMM 5710 application?

To check the status of your IMM 5710 application, there are several ways you can do so:

1. Online: If you applied online, you can check the status of your application through the Immigration, Refugees, and Citizenship Canada (IRCC) website using your unique application number. Log in to your IRCC account and navigate to the “Check application status” section to view the current status of your application.

2. By phone: You can also check the status of your application by calling the IRCC Client Support Centre at 1-888-242-2100. Be prepared to provide your application number and other identifying information when you speak with a representative.

3. In person: If you prefer to check the status of your application in person, you can visit an IRCC office or Service Canada Centre. Make sure to bring your identification and any relevant application documents with you.

It’s important to note that processing times can vary depending on the type of application and other factors, so it’s recommended to check your application status regularly for any updates or requests for additional information.

20. What are the options available if my IMM 5710 application is refused?

If your IMM 5710 application is refused, there are several options available to you:

1. Review the Reasons for Refusal: The first step is to carefully review the reasons for the refusal provided by Immigration, Refugees and Citizenship Canada (IRCC). Understanding the grounds on which your application was rejected can help you identify potential weaknesses or errors that can be addressed in any subsequent application.

2. Reapply: In some cases, you may be able to address the issues that led to the refusal and submit a new application. This could involve providing additional documents, clarifying information, or making corrections to your original application.

3. Appeal the Decision: Depending on the circumstances of your case, you may have the option to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada. An appeal allows you to present your case to a decision-maker who can reconsider the refusal based on the evidence and arguments you provide.

4. Seek Legal Advice: If you are unsure about your options or need assistance navigating the appeals process, it may be beneficial to consult with a qualified immigration lawyer or consultant. They can provide guidance tailored to your specific situation and help you determine the best course of action.

5. Depart Canada: If all avenues for addressing the refusal have been exhausted, you may need to make plans to leave Canada before your authorized stay expires. It is important to comply with immigration regulations to avoid any negative consequences for future travel to Canada.

Ultimately, the best course of action will depend on the reasons for the refusal, your individual circumstances, and your long-term immigration goals. By exploring these options and seeking appropriate advice, you can make informed decisions about how to proceed after an IMM 5710 application refusal.