Operational Bulletin 427 - May 29, 2012 Restructuring of the North American Processing Network and Closure of the Visa Office at the Canadian Consulate General in Buffalo – Temporary Residence Program Effective immediately, the North American processing network has been restructured to modernize and streamline processing of temporary resident applications abroad. As part of the restructure, the visa section of the Canadian Consulate General in Buffalo has been closed to the public and the temporary resident workload at all visa offices in the United States (U.S.) has been re-aligned. .............. If you reside in Canada, hold a valid work or study permit and are seeking a new temporary resident visa counterfoil from the Case Processing Pilot – Ottawa, refer to the CPP-O link. Application For a Temporary Resident Visa to Visit Canada This application is for people who reside outside of Canada and need a temporary resident visa (TRV) to visit Canada for a temporary purpose such as tourism, visiting family or friends, or business trips. As of May 29, 2012, this application is also for people who reside in Canada, hold a valid study or work permit and are seeking a new temporary resident visa counterfoil. Check the list of countries and territories that require a visa. InstructionsAs of May 29, 2012, clients from visa required countries present in Canada and holding a valid study or work permit must apply for a temporary resident visa counterfoil at CPP-O or at the visa office serving their country of nationality. ProceduresApplicants should submit an Application for Temporary Resident Visa to CPP-O. Instructions on how to apply can be found at the following website. Applicants should be encouraged to apply for a multiple entry visa. The completed application will be processed as per the usual procedures applied to visitor visa applications at other visa offices abroad, including the requirement of an interview as necessary. Submission of ApplicationsThere will be no walk-in service at CPP-O. All applications must be submitted via mail or courier. If sending by mail, the complete application package should be sent to the following address: Case Processing Pilot – Ottawa If sending by courier, the complete application package should be sent to the following address: Case Processing Pilot – Ottawa Methods of PaymentApplication fees must be submitted through the same means as other in-Canada applications; either by submission online or at a Canadian financial institution (see instructions at the following link). Note that CPP-O will not take any other forms of payment, including money orders, certified cheques, bank drafts, etc. Where further examination is requiredIf further examination or an interview is required, the application will normally be forwarded to a visa office within the U.S. (New York, Los Angeles, Detroit, Seattle or Washington, D.C.). The U.S. visa office will finalize the application, which includes issuing the counterfoil if approved or issuing the refusal letter. The passport and a letter advising that the file has been transferred will be sent to the applicant. External Client EnquiriesEnquiries may be directed to the CIC Call Centre or to CPP-O via e-mail at CPP-CTP-OTTAWA-TRV-VRT@cic.gc.ca. How to apply for a new temporary resident visa - applicants in CanadaIf you are currently a temporary resident in Canada with valid status (ie: valid study or work permit) and want to apply for a new temporary resident visa to return to Canada before you leave, you can do so with our Case Processing Pilot office in Ottawa (CPP-O), an extension of CIC’s overseas network. You can apply in Canada if you are:
If this does not apply to you, see CIC general instructions on How to Apply. ================================================================================= According to the IRPA and its Regulations, visitors, students, workers and temporary resident permit holders are all now subcategories of the category temporary resident. This structure was created to make it clear that there is a distinction between the basis upon which a foreign national seeks entry into Canada (i.e., either as a permanent resident or a temporary resident) and the activity that the foreign national intends to undertake while in Canada temporarily (i.e., working, studying or just visiting). As Canadian visitor visas were used to help facilitate the entry of most temporary residents, regardless of the activity that was going to be undertaken, it was felt that the term “temporary resident visa” (TRV) best reflected the new structure of IRPA. Therefore, throughout this chapter, the terms “temporary resident” and “temporary resident visa” will be used.
Work without a work permit R186(u)—Implied status R186(u) allows for persons to continue working under the conditions of an expired work permit, as long as they applied for a new work permit before the original work permit expired and have remained in Canada. Once the decision has been made, the client will either have to leave Canada or will continue as a worker who holds a valid work permit. A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period. If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, R186(u) and R189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada. A temporary resident with implied status who has left Canada may:
A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period. If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, R186(u) and R189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada. A temporary resident with implied status who has left Canada may: • be allowed to re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are TRV exempt as per R190 or on a multiple-entry visa. They may not resume work or study in Canada until their application for renewal has been granted. For those not able to resume work, they must satisfy the BSO that they have sufficient means of support. (Note that this applies to foreign nationals who are TRV exempt as per R190(3)(f) and to those on multiple-entry visas.) • be allowed to apply for a new work or study permit at the port of entry provided they have a right to do so under the Regulations. Loss of status [R10(2)] Individuals whose applications are returned as per R12 may lose their status (for example, temporary residents who wish to extend or vary the conditions of their stay as a visitor, worker or student). Regardless of the length of time remaining in which the applicant has status in Canada, if the application does not meet the requirements of the Regulations (including R10) it should be returned with a letter explaining the reasons for the return. It is the applicant’s responsibility to ensure that their temporary resident status does not expire while they are in Canada. When such an application is returned, it is not considered to be in process. Consequently, the foreign national does not benefit from the implied status provisions of R183(5) or R183(6). Foreign nationals who have lost their temporary resident status for any of the reasons found in A47 may, within the time frame prescribed by R182, apply for restoration of their temporary resident status. For more information on implied status, see IP 6, Section 5.5; for information on restoration, see IP 6, Section 5.7. Restoration of statusYou may seek restoration within 90 days after your status as a visitor, student or worker has been lost, if you have only failed to comply with one or more of the following conditions:
You have committed an offence under the Immigration and Refugee Protection Act if you have not abided by the conditions that were imposed when your entry was authorized.You may voluntarily leave Canada or you may be subject to an admissibility hearing that could lead to removal from Canada. Your temporary resident status in Canada will have been lost. You may wish to complete an application to apply for restoration of temporary resident status but there is no guarantee that your application will be accepted. On your application you must provide full details of all the facts and circumstances that resulted in you committing the offence. There is a fee for extension of temporary resident status. However, the regular fee for temporary resident status is not required if applying for restoration. Restoration applies to each member who has lost his or her status. An officer will evaluate your request for restoration of status and you will be advised of any further action to be taken. Temporary resident visa requirementsMany visitors to Canada are required to obtain a visa prior to travelling (see Appendix II, item 7). This requirement is waived for citizens of certain countries. A complete and up-to-date listing of persons who do and do not require visas to travel to Canada can be found at www.cic.gc.ca/english/visit/visas.asp. Temporary resident visas are issued as either a single or multiple-entry visa. To facilitate the screening of passengers and prevent the re-use of a single-entry temporary resident visa, the examining officer at the port of entry will indicate on the visa that it has been used, thus invalidating it for future use. The officer draws a diagonal line from the upper left to the bottom right-hand corner of the visa. A visa can be issued up to six months prior to the expected travel date and is never issued with a validity period that exceeds the validity of the travel document. Persons who have entered Canada as temporary residents, students or temporary workers with single-entry visas may return to Canada after visiting a contiguous territory (the United States or Saint-Pierre and Miquelon) without obtaining a new visa, provided the return is within the period of entry authorized, or where no specific period is indicated, within six months of the original entry stamp. Multiple-entry temporary resident visas are issued to persons who have reason to visit Canada repeatedly. The maximum validity of a multiple-entry visa is ten years. Visas are never issued with validity periods that exceed the validity of the travel document. Temporary resident permitsEffective April 30, 2005, Canadian missions abroad no longer issue temporary resident permits. As of that date, such permits are issued only in Canada. Transporters must ensure that nonvisa exempt passengers have one of the following documents:
Transporters may be subject to administration fees in respect of passengers who arrive in Canada with Temporary Resident Permits issued on or after April 30, 2005, stating that they are "NOT VALID FOR TRAVEL TO CANADA." Single journey travel documentThe single journey travel document (SJTD) [see Appendix II, item 5. (a)] serves to facilitate oneway travel to Canada under limited and exceptional circumstances to those who are otherwise unable to obtain a prescribed travel document (i.e. passport). The SJTD will be issued in conjunction with a counterfoil visa and will include a die-cut photo. Without seals over the counterfoil and photo, the document is not valid for travel. The document will be recovered by the port of entry officers upon arrival in Canada. On March 11, 2010, CIC amended the Immigration and Refugee Protection Regulations to clarify the factors used to determine which travel documents can be used to apply for a visa, and to travel to or enter Canada. Under these Regulations, the following travel documents are considered unreliable and are not acceptable for entry into Canada:
This list is subject to change. Check it regularly for up-to-date information. Medical examination requirements for temporary residents (Visitors, students and temporary foreign workers)Determine if you need a medical examinationIf the duration of your visit is six months or less: Generally, no medical examination is required. However, a medical examination is required if you intend to work in an occupation in which the protection of public health is essential. Please see Jobs for which you need a medical examination for more information. If the duration of your visit is more than six months: You will need a medical examination if:
Jobs for which you need a medical examinationDepending on your intended occupation while in Canada, certain temporary foreign workers are required to undergo a medical examination. The following list provides examples of such occupations. This list is not all-inclusive.
If you are uncertain about whether you need a medical examination, please contact the visa or immigration office where you are making, or have made, your application. Plan your medical examinationIf you are still uncertain about whether you need a medical examination, consult a visa office near you. If you do need a medical examination, your visa office will provide you with instructions and a form with your assigned file number before you see a designated medical practitioner. Your own doctor cannot do the medical examination. You must see a physician on Canada’s list of Designated Medical Practitioners. Working Temporarily in Canada - FAQ References:
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