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 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 IRCC 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 period 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.