Temporary resident visas is a way to come to Canada. The officer balances economic, social, cultural and humanitarian reasons with the health and safety of Canadian citizen’s. Officers may grant entry if the applicant satisfies the threshold. In 2016, Immigration Refugee and Citizenship Canada (IRCC) reported that roughly 1.4 million Temporary Resident Permit’s (TRP) for visitors were approved and 2.6 million eTA’s for visa exempt foreign nationals. Thus, TRPs are vital for Canada’s long term growth.
Temporary resident visas (TRV) are important for Canada’s economy and prosperity. However, they have a high standard to pass. The officer uses discretionary power to determine who is eligible. For example, if they believe the skill the applicant has is irrelevant for Canada they will be denied. S. 3(1) of the Immigration Refugee Protection Act (IRPA) outlines the immigration objectives. Officers use these objectives to determine whether a foreigner should be allowed or denied entry into Canada.
S. 3(1) of the Immigration Refugee Protection Act
- The benefits of immigration are to pursue the maximum social, cultural and economic for Canada.
- Immigration should enrich and strengthen the social and cultural fabric of Canadian society.
- To support and assist the development of minority official languages communities in Canada.
- Support the development of a strong and prosperous Canadian economy.
- So families are reunited in Canada.
- Integration of permanent residents into Canada.
- The attainment of immigration goals established by the Federal and Provincial Government
- Maintain, through the establishment of fair and efficient procedures, the integrity of the Canadian immigration system.
- Facilitate the entry of visitors, students and temporary workers.
- Protect public health and safety and maintain the security of Canadian society.
- Promote justice and security by denying access to Canadian territory to criminals or security risks.
- And finally, to work in cooperation with the provinces to secure better recognition of the foreign credentials of permanent residents and their more rapid integration into society.
Temporary resident status grants entry to enter and remain in Canada. The specified period of time dictates at what moment the applicant must enter Canada. At the border the officer may grant or deny entry. Depending on the type of visa the applicant enter Canada with will determine the length of stay. Nonetheless, the foreign national must leave at end of the authorized period.
There are three different classes of temporary residents. Visitor, student and worker. Consequently, each application is different and has specific guidelines.
There is a difference between temporary resident visa (TRV) and temporary resident permit (TRP). The TRV allows a foreign national to enter Canada. The TRP allows the person to work or study after approval. However, the applicant must apply for the TRP and study or work permit concurrently.
The period for TRV stays are six months. Foreign nationals are classified as visitors. Further, if they remain visitors they cannot work. However, the applicant may study if the program is less than six months. Furthermore, a person can change their status by formal request to IRCC, for an extension, work or study permit. It is a complicated process with many difficulties. Immigration lawyers help applicants succeed. Fridman & Co. Law Office has successfully completed many extensions, work permits and study permits. If you have any questions regarding TRVs please contact us here.
General Requirements for Temporary Resident Visas
- The individual applies in writing, prior to arrival, or orally at port of entry.
- Comply with the requirements for the particular temporary resident class under s. 11 of the IRCC.
- You leave Canada at the end of the authorized period.
- You pay the required fees.
- Hold a valid passport or similar identification document.
- Meet the medical condition requirement set by Immigration Canada.
- Show you can cover all reasonable expenses during your stay in Canada.
- You are not inadmissible under the immigration guidelines.
Consequently, there are two important conditions. First, to leave Canada by the end of the authorized stay. Second, do not work or study without the appropriate permit. Violating either of those two conditions will create problems. Specifically when applying for another program or extension.
Furthermore, there is another path for those in Canada. The “in-Canada Temporary resident Visa” application. The purpose is to reduce the burden of those with valid work or study permits. Without this program visa holders would have to leave Canada before re-applying.
Intention to depart Canada
Applicants must prove to the officer they will leave after the authorized period of stay. If not, the officer will deny entry to Canada. The applicant must show sufficient family and economic ties to their home country. Further, the applicant should prove they have enough funds to support their stay and pay for the return flight. Additionally, the officer can consider the stability of the applicant’s country. If the current conditions are unstable or political conditions are difficult the officer may deny a request. Due to the fear the applicant will not return home. Also, the officer examines the applicant’s personal situation. For example, if the applicant comes to care for a dependent or elderly parent. Ultimately, certain situations will be more favorable than other.
Nonetheless, the list above is not exhaustive, there are additional considerations to examine when applying for TRVs. The onus is on the applicant to supply the required information to satisfy the officers concerns. Therefore, the way to obtain a successful TRV is to hire an immigration lawyer. Fridman & Co Law Office helps people in this area of immigration law. Cases are contingent on the individual’s personal situation and home country. The intricacy of these applications and satisfying the requirements is a challenge. With our experience we can ease the process.
Temporary Resident Visa Exemptions
People may be exempt from TRVs because of nationality, certain documents, or the purpose of entry. The following is a partial list of nationalities that are exempt from TRVs: Australia, France, United Kingdom, or United States. For a complete list click here. Certain documents exempt people from TRVs. Documents such as, diplomatic passports, Holy See travel document, Israeli passports or certain Hong Kong passports. Furthermore, people may be exempt if they are members of transportation crews or passengers on an airplane that landed in Canada for refueling.
Electronic Travel Authorization
However, most people coming from a visa-exempt country must obtain an electronic travel authorization (eTA) when entering Canada by air. The eTA is a mandatory online process and it remains valid for five years. Some information for an eTA is found below. For a complete list click here.
- Declaration of marital status.
- Immigration status in other countries.
- The amount of money you traveled with.
- Job title, occupation, and employer information.
- If you have ever been charged or convicted of a crime.
- Health conditions.
- And finally, reasons for coming to Canada.
Types of Temporary Resident Visas
- Single-entry visa. Usually issued for one-time events. For example, the Olympics.
- Multiple-entry visa. The usual validity for a multiple entry visa is ten years. However, most last for the duration of the passport. The individual is only allowed to remain in Canada for six months.
- Transit visas. This visa is given to those who require travel to another country. The individual is allowed to stay for approximately 48 hours.
- Super visas. This avenue is available for parents or grandparents of Canadian citizens or permanent residents. Super visas are issued for a ten-year period and allow multiple entries. An individual can remain in Canada for a period of up to two years. (See our blog on super visas for more information)
Applications for a Temporary Resident Visa may be refused for any of the following reasons:
- The applicant is ineligible for the particular temporary resident program.
- The applicant or any family member is inadmissible on grounds of security risk. For example, any human rights violations, serious criminality, organized crime, health risks, financial reasons, misrepresentation, or non-compliance with IRPA due to inadmissibility.
- The officer is not satisfied that the applicant will leave at the end of their stay.
Finally, applicants who stay beyond the authorized period can apply for restoration of status. Further, an applicant can apply for restoration if they fail to notify IRCC of a change in condition of their study or work. Nonetheless, the restoration can only be granted if the applicant complied with the initial requirements. The applicant must complete the restoration within 90 days of losing their status. However, there is a chance an applicant can submit an application for a TRP. See our blog on TRP for more information. Furthermore, there is no guarantee that the restoration will be accepted. The officer always has discretion.
If you have any questions or concerns on temporary resident visas or any immigration matters, please feel free to contact us here.