Difference between revisions of "Categories of Persons under the Immigration and Refugee Protection Regulations (18:IV)"

Visitors are foreign nationals who enter Canada lawfully as a visitor. Foreign nationals from certain countries require a Temporary Resident Visa (“TRV”) under the Visitor Class (sometimes known as a “visitor’s visa”) before entering Canada; others do not (see IRP Regulations, s.190). Examples of “visa-exempt” countries are the United States, the United Kingdom, Australia, Japan, and most European countries. Foreign nationals with visitor’s status can apply to extend their visitor’s status from within Canada. A visitor has the condition that they cannot work or study in Canada, with very few exceptions. Visitors must prove that they will leave Canada at the end of their visit.

Visitors who are exempt from requiring a Temporary Resident Visa will still be required to attain an Electronic Travel Authorization (“ETA”).  The sole exception to this requirement is for individuals from the United States and individuals with a valid Canadian visa.  Applications to obtain an ETA are made through the IRCC website and applicants will be required to pay a $7.00 surcharge.  Electronic Travel Authorizations are not guaranteed and may be denied to travellers with criminal records or existing inadmissibility to Canada. For more information on the ETA process and to apply online visit www.cic.gc.ca/english/visit/eta.asp

Visitors can only stay in Canada for the duration of time granted when they first enter Canada unless they obtain an extension.  The default amount of time granted upon entry is six months, although an immigration officer may specify a different period of time (IRP Regulations s 183). This includes foreign nationals from visa exempt countries. It is possible to apply for an extension with Immigration, Refugees and Citizenship Canada from within Canada. However, a person may apply for an extension without having to leave the country if they apply before the temporary resident status expires. If such a person stays in Canada beyond the amount of time granted, the person has “overstayed” his or her visit and is subject to the issuance of a removal order for non-compliance (which would result in a mandatory 1-year exclusion from Canada). A successful applicant must prove that they will leave at the end of the visitation period, and that they will have sufficient funds during their visit. Most foreign nationals can apply for Restoration (IRP Regulations s 182) within 90 days of expiry, but person’s status is not actually restored until a decision is made, and so they remain at risk of potential enforcement.

 

NOTE: In response to the 2011 two-year-pause on the sponsorship of parents and grandparents, a parent and grandparent “supervisa” was introduced.  The supervisa is a category of temporary resident status that allows for the foreign national to remain in Canada continuously for 24 months, rather than the default 6 months, and can also facilitate the issuance of a multiple entry TRV for up to ten years.  The parent or grandparent must not reside in Canada for more than 24 months at a time. To apply for a parent and grandparent supervisa, additional documentation such as a letter of invitation from the child, evidence of the parent or grandparent relationship and proof of private medical insurance from a Canadian insurance company are required.  For more information, see www.cic.gc.ca/english/visit/supervisa-how.asp.