Canada welcomes you as a tourist. Every year, more than 35 million people visit Canada to enjoy the many opportunities Canada has to offer. Depending on where you live, and the reason for your visit, you will need a Temporary Resident Visa(TRV). Temporary Resident Visas allow Foreign Nationals to enter Canada temporarily for either pleasure or business visits. With the exception of few countries, Foreign Nationals of all other countries must obtain a Temporary Resident Visa prior to entering Canada. Spouses and dependants of those who are temporarily residing in Canada might also be required to obtain a Temporary Resident Visa, depending on their country of origin. A Temporary Resident Visa does not permit a Foreign National to work while in Canada.
Types of Temporary Resident Visas
There are three types of Temporary Resident Visas, they are:
- Single Entry Visa – this allows the Foreign National only one entry into Canada;
- Multiple Entry Visa – this allows the Foreign National unlimited entry into Canada pending the validity of the Visa; and
- Transit Visa – this allows entry to Canada for Foreign Nationals who are travelling and who’s flight or bus stops in Canada for less that forty-eight (48) hours, but who’s country of origin is one that requires a visa.
Foreign Nationals who plan to visit Canada for more than six (6) months, and who have resided in certain countries within a year prior to their arrival in Canada will be required to undergo a medical examination prior to being granted a Temporary Resident Visa.
To visit Canada, you must:
- have a valid travel document, such as a passport;
- be in good health;
- satisfy an immigration officer that you have ties, such as a job, home and family, that will take you back to your country of origin;
- satisfy an immigration officer that you will leave Canada at the end of your visit.
Why do some foreign nationals need a temporary resident visa to enter Canada?
Under Canada’s Immigration and Refugee Protection Act, every foreign national, except people from countries specifically exempted in the Immigration and Refugee Protection Regulations, must have a temporary resident visa before arriving in Canada. (Countries are exempted where their nationals have demonstrated that they are a low risk for violating Canada’s visa rules.) Temporary resident visa requirements allow Canada to fulfill the objectives of the Immigration and Refugee Protection Act by facilitating the entry of bona fide visitors to Canada for such purposes as trade, commerce, tourism, international understanding, and cultural, educational and scientific activities, while also protecting the health, safety and security of Canadian society.
Who decides if a foreign national will be granted a temporary resident visa?
Under the Immigration and Refugee Protection Act, only visa officers are authorized to decide on temporary resident visa applications. The visa officer is an independent decision maker whose determination must be in accordance with the Immigration and Refugee Protection Act and Regulations. Members of Parliament and other Canadian government officials do not have the authority to make decisions on temporary resident visa applications or to give directions to visa officers with respect to individual decisions.
If I disagree with the refusal decision on an application, what can I do?
If you believe that you have new information that was not previously considered or if you believe that circumstances have changed since the refusal, you may wish to submit a new application. This new application will normally be assessed by a different visa officer and all current information will be taken into consideration. If, however, there is no change in your situation, or no change in the purpose of your visit, it is unlikely that a new application will result in the issuance of a visa. The normal processing fees apply to all new applications.
What type of information should an applicant include on a new application to satisfy a visa officer?
There is no formula or specific document that will guarantee approval of a temporary resident visa application. Applicants are advised to submit complete applications, including all the supporting documents, in accordance with the instructions that the visa office provides. The documents must be authentic and the information presented must be truthful. Fraud and misrepresentation will result in a refusal, and applicants refused for these reasons will be banned from entering Canada for two years. However, the completeness of an application and the submission of all requested documentation will not in themselves result in the approval of an application. The visa officer must also be satisfied that the applicant is a genuine visitor to Canada who will leave at the end of an authorized stay.
The Immigration and Refugee Protection Act and its regulations provide authority to visa officers to use their discretion in evaluating situations in which there may be compelling humanitarian and compassionate considerations. Applicants who wish to have any particular circumstances of a humanitarian and compassionate nature taken into account by the visa officer should attach a written submission to the application, describing the situation. If a temporary resident permit is approved under these circumstances, an additional fee is payable.
What can I do to support the new application of a friend, relative or business contact who has been refused?
If your friend, relative or business contact decides to make a new application, you may provide documentation in support of that application directly to the applicant to submit with his or her application. However, although you may provide such support, the decision of the visa officer is ultimately based on the applicant’s circumstances, and not on any personal or financial guarantees that you or others may be prepared to offer on his or her behalf.
May I be told the reasons for the refusal of the application of my friend, relative or business contact?
As a federal government department, CIC is bound by the Privacy Act not to discuss the details of any case with anyone except the applicant and certain authorized people. Before the visa office can release information to you, the applicant must provide it with specific written permission. In many cases, because of the volume of work (CIC considers nearly one million applications a year), even if you are informed of the reason for the refusal, the information given to you may be quite brief. For instance, you might be told that “based on the information available, the visa officer was not satisfied that the applicant was a genuine visitor who would leave Canada when required to.”
Can a potential host in Canada or an applicant outside Canada appeal the decision on a temporary resident visa application?
Under Canada’s Immigration and Refugee Protection Act, there is no formal right of appeal on temporary resident visa decisions. Rather, the applicant may reapply and, whenever possible, a different visa officer will examine the application.
An applicant may also seek leave through the Federal Court of Canada to request a judicial review of any decision made by a visa officer, if he or she believes that the process was not legally or procedurally fair. A lawyer in Canada would have to act on behalf of the applicant.
At Kan Immigration Services, we can assess your application free of cost to find out whether you qualify for a TRV to visit Canada or not.If you have any other questions, feel free to send us an email at