Super Visa for Parents and Grandparents:
NOTE: Parents and grandparents of Canadian citizens and permanent residents will soon have a new option for visiting Canada. More information will be available prior to the implementation of the Super Visa on December 1, 2011. See more here and here. What makes the Parent and Grandparent Super Visa different from what is available now as a visitor visa? Currently, visitors to Canada usually may only visit for six months at a time. Most visitors who wish to stay longer must apply for an extension, and pay a new fee, every six months. With the Parent and Grandparent Super Visa, eligible parents and grandparents will pay fewer fees and have some certainty that they will be able to enjoy the company of their families in Canada for a longer period of time. This program will take effect on December 1, 2011. CIC will be able to issue the visas, on average, within eight weeks of the application. This means that instead of waiting for eight years, a parent or a grandparent can come to Canada within eight weeks. Is the Parent and Grandparent Super Visa a multi-entry visa? What's the difference between the Super Visa and the 10-year multiple entry visa? Yes, the Super Visa is a multi-entry visa that will provide multiple entries for a period up to ten years. The key difference is that the Super Visa will have status periods for each entry that last up to two years, while the 10-year multiple entry visa status period for each entry is six months. --------------------------------------------------------------------------------------------------------------------------------------------------Every year, more than 5 million people visit Canada to enjoy the many opportunities our country has to offer. In some cases, if you plan to stay in Canada for a certain period of time, you will need a Temporary Resident Visa.
To visit Canada, you must:
You may also need:
You might need a medical examination to be allowed to enter Canada. If you do, a Canadian immigration officer will tell you and will send you instructions about what to do. A medical examination can add more than three months to the processing time of your application. There is no separate application for business visitors. The temporary resident visa covers all visitors, including those in Canada on business. (Business visitors: Checklists)
If you need a temporary resident visa, as a business visitor, you must submit certain documents when applying:
Business visitors usually stay in Canada for a few days or a few weeks. To be considered a business visitor you must show that:
Cross-border business can include activities like:
Under the North American Free Trade Agreement, a U.S. or Mexican national may also take part in other activities, such as research, marketing and general service. For detailed information, see the Foreign Affairs and International Trade Canada website. Types of temporary resident visas Applicants indicate on their application form if they wish a single-entry or multiple-entry visa. Officers should normally grant a multiple-entry visa if the applicant has requested and paid the processing fee for multiple entries to Canada. If officers have doubts about issuing multiple entries, it is preferable to refuse the application than to compromise and grant a single-entry visa. In accordance with R190(3)(f), persons who have been issued single-entry visas and are still within the period authorized for their stay in Canada may travel to the U.S. and back. They will not have to obtain a second temporary resident visa to re-enter Canada. A single-entry visa (CAN $75 application fee):
Q: Does the five-year multiple-entry visa mean that the visa holders can stay in Canada for up to five years at a time? A: No. The ten-year multiple-entry visa gives foreign nationals the ability to visit Canada one or more times over a ten-year period without having to request a new visa each time they have to travel. On each entry into Canada, the port of entry officer will normally give visitor status for six months, or longer in some cases. Once in Canada, a foreign national may request an extension of their visitor status provided they can still demonstrate that they will leave Canada at the end of the authorized period of entry. There are two types of Temporary Resident Visa: a single-entry visa and a multiple-entry visa. Temporary Resident Visas are valid for a fixed period, whether they are a single-entry visa or a multiple-entry visa. You cannot use a visa after its expiry date. Single-entry visaA single-entry visa allows you to enter Canada once. When you arrive at the point of entry in Canada, an officer of the Canada Border Services Agency will make sure you meet the requirements to enter Canada. The officer will authorize your stay by placing a stamp in your passport and/or issuing an additional document. If there is no stamp, a handwritten date or document in your passport, your temporary resident status will expire six months from the day you arrived in Canada. If you were given a visitor record, student or work permit, the expiry date is marked on the document. If you leave Canada during your authorized stay, you must get a new visitor visa to re-enter Canada. There are two exceptions: you can visit the United States or Saint-Pierre et Miquelon and return to Canada without getting a new visa, as long as you:
Multiple-entry visaA multiple-entry visa allows you to enter Canada several times during the period while your visa is valid. A multiple-entry visa is valid for a maximum of ten years or one month prior to the expiry date on the passport/re-entry visa, whichever is earlier. If a multiple-entry visa is approved, it will allow you to enter and leave Canada repeatedly during the validity period of the visa. You must arrive in Canada on or before the expiry date on your visa. You cannot get a multiple-entry visa for a period that ends after the expiry date of your passport. If your passport will expire soon, you should renew it before you apply for your visa. If you want to visit several other countries or return to your own country before coming back to Canada, you will need a multiple-entry visa. If you plan to visit Canada frequently, a multiple-entry visa is recommended. Information about applying for a Temporary Resident VisaThis information is intended for applicants who want to visit Canada and who will not study for more than 6 months and will not work while in Canada. Validity of visas: Single-entry visa allows you to enter Canada once When you arrive at the point of entry in Canada, an officer of the Canada Border Services Agency will make sure you meet the requirements to enter Canada. The officer will authorize your stay by placing a stamp in your passport and/or issuing an additional document. If there is no stamp, a handwritten date or document in your passport, your temporary resident status will expire six months from the day you arrived in Canada. If you leave Canada during your authorized stay, you must get a new visitor visa to re-enter Canada. There are two exceptions: you can visit the United States or Saint-Pierre et Miquelon and return to Canada without getting a new visa, as long as you:
A Multiple-entry visa allows you to enter Canada several times during the period while your visa is valid. If a multiple-entry visa is approved, it will allow you to enter and leave Canada repeatedly during the validity period of the visa. You must arrive in Canada on or before the expiry date on your visa. If you want to visit several other countries or return to your own country before coming back to Canada, you will need a multiple-entry visa. If you plan to visit Canada frequently, a multiple-entry visa is recommended. The visa officer will determine whether the applicant meets all the requirements for visa issuance as well as the number of entries and validity period of the visa. The expiry date printed on the visa is the last day on which you may enter in Canada. Please note, however, that a visa does not guarantee entry to Canada. The final decision to allow entry to a foreign national always rests with a Port of Entry officer (at a port of entry: an airport, seaport, or land border in Canada). The Port of Entry officer also determines the length of stay allowed. In most cases, the length of stay granted is 6 months. CIC cannot issue a visa with a validity that is greater than the validity of the passport. If your passport will expire within the next 6 months, you may wish to renew it before you apply for your Canadian visa. If you wish to come to Canada to visit a child or grandchild, you may wish to apply for a Super Visa. A Parent and Grandparent Super Visa allows parents and grandparents of Canadian citizens or permanent residents to remain in Canada for up to 24 months at a time without the need for renewal of their status. To obtain a Super Visa, the applicant must be admissible to Canada and meet certain additional requirements. For more, please visit the Citizenship and Immigration Canada website. A Transit visa allows for short stop-over entry to Canada en route to another country. You must arrive and leave on a commercial transport vehicle (plane, bus, etc.) and stay no longer than 48 hours. Transit visas can be granted for one or two entries, depending on the applicant's travel requirements. Please review carefully the information about fraud and misrepresentation in visa applications. Every person who has lived in Russia or a CIS State for more than six months in the preceding year will require a medical examination if they plan to stay in Canada for more than six months. Please note, however, that an applicant who is going to stay in Canada for less than six months may also be requested to undergo a medical examination. A visa officer will inform the applicant if a medical examination is required. Download and print the application package. The fee per person is $75 for a single entry visa, $150 for a multiple entry visa or $400 for a family (multiple or single entry). Sometimes a person applying for a Temporary Resident Visa to visit Canada is asked to provide a letter of invitation from someone in Canada. Most applications for Temporary Resident Visas are processed within a month or less. Processing times vary depending on the visa office. Note: a valid temporary resident visa and valid travel document do not guarantee you automatic entry into Canada. If you arrive in Canada and a Canadian official finds that you are no longer admissible because
you may not be allowed to enter Canada. Dual intent An officer should also keep in mind:
Most visitors are allowed to stay in Canada for no more than six months but, in some cases, visitors can stay longer. The date that you must leave Canada will be stamped in your passport. If you decide you want to stay longer, you can apply for an extension. You must send your application to extend your stay at least 30 days before your temporary resident visa expires. If you stay longer than you are allowed by your visa, you will lose your temporary resident status and you could be asked to leave Canada. You must apply to extend your stay if you want to:
You can now apply online to extend your stay as a visitor!
The fee is $75. The fee is payable in Canadian funds only. Implied status
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. CIC recommends that you send in your application 30 days before your current TRV expires. Actually, your application will still be processed as long as it arrives one business day before your current TRV expires. If you have an In Canada Class PR application in process the approval of a change to visitor from student or work permit, or extension of visitor status is almost automatic. Spouses and common-law partners of Canadian citizens and permanent residents, regardless of their status, will be allowed to remain in Canada while their immigration application is being considered.. Duration of temporary resident status R183(2) states that the period authorized for the stay of a temporary resident is six months or any other period that an officer imposes based on the following criteria: the temporary resident's means of support in Canada; the period for which the temporary resident applies to stay; and the expiry of the temporary resident's passport or other travel document. Six-month entry In most cases, a BSO should routinely authorize entry for a period of six months to a foreign national requesting entry as a temporary resident, even when the person requests entry for a very brief period. Six months are adequate for most purposes of travel and preclude the need for the person to request an extension. The BSO should also stamp the foreign national’s passport or travel document, inscribe a date of expiry based on a calculation of six months from the date of entry and initial the notation. The BSO should counsel the foreign national on the need to comply with general obligations for the visit and of any extension, should one become necessary. For the procedures for stamping a passport, see the Immigration Control chapter IC3. In instances where the principal applicant of, the family is traveling with their family members, BSOs should generally authorize entry to all members of the family for the same length of time as indicated on the work or study permit of the principal applicant. More information on study and work permits is available in OP12 and FW1. Entry for more or less than six months Based on the information presented during an examination, a BSO at Immigration Secondary may decide to limit a temporary resident’s stay to less than six months despite the length of time requested by the foreign national. If requested by the applicant and the BSO is satisfied that the foreign national is a temporary resident, is able to support themselves and accompanying family members financially, and is not inadmissible for reasons of health or security, the granting of entry for more than six months may be considered. In no case should the BSO impose a period of time for a temporary resident’s stay greater than the validity of the foreign national’s passport or travel document. This will not be applicable to U.S. citizens and other foreign nationals exempted under R52(2) from the requirement to be in possession of a passport or travel document. I plan to travel several times to the United States during my stay in Canada. Must I apply for a single or multiple entry visa? A single entry visa will allow you to re-enter Canada several times after travel to the United States or to Saint-Pierre-et-Miquelon, as long as it is within the period authorized by the immigration officer when you first enter Canada or the period authorized by an extension of your status. This is no longer true once you leave Canada, the United States or Saint-Pierre-et-Miquelon for another country. You must contact the Embassy of the United States for information on entry to that country (visa requirements and applications, passport validity, etc.). When to document a temporary resident on a Visitor Record [IMM 1442B] A BSO at Immigration Secondary who limits a temporary resident’s stay to a period of less than six months has in essence decided that there is a need to exercise an element of control over the foreign national's length of stay. Therefore, a Visitor Record [IMM 1442B] is to be issued in order to document this decision. The BSO should record suppressed remarks noting the reasons why a period of less than six months is being imposed. There are a variety of reasons to make this decision and could include a situation where the traveller’s passport or travel document expires within the following 6 months. Another example of an exception to this circumstance could be a person in possession of a temporary resident visa, such as a valid student or work permit, that indicates a stay of less than six months in which case, the BSO could stamp and annotate the passport accordingly. Similarly, the BSO will issue a Visitor Record [IMM 1442B] when authorizing a period of stay greater than six months and indicate in the “Remarks” why the greater period of time is being granted. If FOSS is down the Visitor Record may be completed manually on an IMM 1097B. One form is normally sufficient for a family travelling together but additional forms may be issued at the BSO’s discretion. A BSO at Immigration Secondary should document a foreign national on a Visitor Record [IMM 1097B] if, in the BSO’s opinion, a foreign national should be documented for control purposes regardless of the length of stay. This could include: • a seafarer who is signing off or seeking entry to join a crew; • a foreign national entering for medical treatment; • a person extradited to Canada who is being allowed forward as a temporary resident; • any temporary resident on whom other conditions pursuant to R185 are being imposed; or • foreign workers entering Canada to perform after-sales service and intending to remain in Canada for longer than two days, except workers performing continuing after-sales service whose entry has already been documented on a Visitor Record, the validity of which covers the period for which the person is seeking entry. Creating a document and noting remarks in FOSS will assist other BSOs in the event a person applies for an extension or if enforcement action is required. When I entered Canada, the immigration officer gave me a Visitor Record form (IMM1097B) or a Work Permit (IMM1208B) or a Study Permit (IMM1102B). On it is written « Does not authorize re-entry. » What does that mean? That means that the document alone will not allow you to re-enter Canada if you leave. You must also have a valid passport. If you require a temporary resident visa (TRV), you must also have a visa that is valid at the time you wish to return to Canada. The permit or visitor record does not take the place of a visa. Please note that at any time during the validity of your work or study permit, you may re-enter Canada after a trip to the United States or to Saint-Pierre-et-Miquelon only, even if you do not have a valid visa. If you re-enter Canada from any other destination, you must have a valid visa if one is required. Consult the list of countries whose citizens require visas. Visiting the United StatesIf you have a valid study permit work permit or visitor record, and if you leave Canada and visit only the United States, you do not need a valid TRV to re-enter Canada. According to the Immigration and Refugee Protection Regulations, Part 9, Division 5, Section 190:31, to enter the United States, however, citizens of some countries will require a US entry visa. All applicants for US visas must submit an online US visa application. Following the online application, you will be invited for a visa interview at the Consulate General of the United States at 1095 West Pender Street in Vancouver (604.685.4311). Be sure to book your visa appointment long before you travel, as your US entry visa may take up to four months to process. If you have found a summer internship in the United States, contact the US Consulate’s visa section to find out the type of visa you will need.
For more information on working and visiting the United States, view this presentation: US Consulate Visa Presentation (15, 655KB PDF) Temporary resident permit (TRP) [A24(1)]
Normally, persons who do not meet the requirements of the Immigration and Refugee Protection Act are refused permanent resident or temporary resident visas abroad, denied admission at a port of entry, or refused processing within Canada. In some cases, however, there may be compelling reasons for an officer to issue a temporary resident permit to allow a person who does not meet the requirements of the Act to enter or remain in Canada.
Temporary resident permits should not be used to restore the temporary resident status of a visitor, student or worker when their status has expired.
The temporary resident permit combines two authorities that previously existed under the Immigration Act of 1976: the Minister’s permit and discretionary entry.
Authority to issue a temporary resident permit
The Act authorizes an officer to issue a permit. The officer must follow any instructions given by the Minister on issuing permits. Permits may be issued at visa offices, at ports of entry and CIC inland offices while permit extensions are only issued inland. As of April 30, 2005, for document integrity reasons, visa offices no longer issue temporary resident permits using the IMM 1442 abroad. Instead, visa offices will assess applications for the permit, refuse or approve the application and generate the actual temporary resident permit through CAIPS for print-out by FOSS at the port of entry when the approved person arrives in Canada.
For persons who cannot journey to Canada due to the temporary visa requirement, visa offices will affix a facilitation travel document (IMM 1346—Counterfoil coded PA-1) to the valid passports or travel documents of approved applicants and to the existing temporary resident permits of persons authorized to re-enter Canada (IMM 1346 counterfoil coded PC-1).
In other words, the facilitation travel document will enable authorized persons to re-enter Canada and approved applicants to travel to Canada to receive their permit.
To see which officers have the delegated authority to issue permits, see IL3 Persons eligible for temporary resident permits
Any person who is:
Issuance of temporary resident permits to persons under a removal order
In some circumstances, issuance of a permit may be required where enforcement of the removal order is
not possible. The authority to issue a permit in such rare circumstances is limited to NHQ which determines how to deal with the removal order on a case-by-case basis.
The permit does not negate the removal order, and there is no statutory stay in place for these cases. Factors to consider when issuing or extending a temporary resident permit
Officers should issue permits with caution and only in special circumstances. They should give careful consideration to the factors below before granting an initial permit for the maximum period of three years or before extending one for an additional two years.
Officers should deal conclusively at an early stage with cases where risk and need factors deteriorate, especially if there is little prospect of improvement before the holder is eligible for permanent residence.
Validity of a temporary resident permit
The permit is no longer valid if the permit holder leaves Canada, unless re-entry has specifically been authorized.
Authorization to re-enter Canada under R63(b) is indicated in the FOSS record for the temporary resident permit and is indicated on the document by the words “DEPARTURE FROM CANADA WILL NOT INVALIDATE THIS TEMPORARY RESIDENT PERMIT UNDER REGULATION 63(b).” For temporary resident permits issued prior to April 30, 2005, the re-entry privilege is indicated by the words “AUTHORIZED TO LEAVE AND RE-ENTER.” Extensions
Permit extensions cannot be refused if the only reason for the refusal is to preclude the person from becoming eligible to apply for permanent residence in the permit holder class.
Under R183(5), once a permit holder has applied for an extension, the temporary resident permit status of the holder continues under the same conditions until the decision to extend or not is made, or the extension ends. Permit extensions are issued through CPC-Vegreville using the FOSS full document entry form.
Note: R182 does not apply to holders of temporary resident permits.
Cancellation
On expiry or cancellation of the permit, the person is directed to leave Canada or is/may be ordered deported.
Inadmissibility
• sections A34 to A38 for references to specific grounds of inadmissibility ; • ENF 1 and ENF 5 for details on inadmissibility and writing A44(1) reports. Exceptions to inadmissibility on health grounds: Inadmissibility on health grounds based on excessive demand on health and social services does not apply to spouses, common-law partners and dependent children of Canadian citizen sponsors or permanent resident sponsors. Exceptions to criminal inadmissibility:
Criminal inadmissibility does not apply to persons who:
Deemed rehabilitated [A36(3)(c) and R18]
A person who is rehabilitated or deemed rehabilitated is no longer inadmissible.
Conditions and obligations that apply to temporary resident permit holders
Permit holders are required to:
Holders of temporary resident permits with prior authorization to re-enter Canada are not required to pay a fee for the issuance of a facilitation travel document counterfoil.
Under IRPA, there is no separate fee for the extension of permits; rather, the same fee as the original permit ($200) will be charged for the extension of the permit.
Permit holders who do not comply with the provisions of the Act or Regulations may be subject to an inadmissibility report and a removal order.
Granting of permanent residence to members of permit holder class
Note: Permit holders who are members of the protected temporary residents class may, without delay,
become permanent residents of Canada at no cost as soon as the processing of their application is finalized and they are found to be admissible. Ineligibility for permanent residence
Permit holders are not eligible for permanent residence in the permit holder class if they do not meet the requirement of continuous residence, i.e., there has been a break in continuity. Security, human rights violations, serious criminality or organized crime
Persons who are inadmissible for reasons involving security [A34], human rights violations [A35], serious criminality [A36] or organized crime [A37] are not entitled to apply for permanent residence in the permit holder class.
When not to issue a TRP
If a temporary resident, student or worker with valid temporary resident status is reported under A44(1) but a decision is made not to hold an inadmissibility hearing or issue a removal order, that person remains a temporary resident. It is not necessary to issue a temporary resident permit. Loss of temporary resident status
If a worker, student or temporary resident has lost temporary resident status only because of the expiry of their status, they must apply within 90 days of the expiry date, for restoration of status and pay the appropriate cost recovery fee. Officers will restore current status of visitor, student or worker rather than issue a TRP so as to avoid giving the individual greater privileges. See section R182. Restoration of status
In the absence of compelling need, permits should not be issued even if the inadmissibility and risk are minor. It would undermine the integrity of the immigration system if the lack of a visa or valid temporary resident permit. Sponsor, host or employer in Canada is not reputable
Officers should not consider issuing permits if they have reasonable grounds to believe that the prospective sponsor, host or employer in Canada is not reputable or accountable (e.g., an ad hoc committee established solely for the purpose of sponsoring the inadmissible individual as a speaker). Public disorder
Officers should not consider issuing permits if they have reasonable grounds to believe that the person’s presence in Canada may be expected to result in public disorder. Frequent travellers who have not applied for rehabilitation
Officers should not consider issuing permits if they believe that frequent travellers, or persons likely to return to Canada in the future, are eligible for rehabilitation and have not applied for rehabilitation. They should encourage the applicant to apply for rehabilitation and provide them with the “Application for Criminal Rehabilitation” (IMM 1444E). Applicants with minor crimes who may be deemed rehabilitated
If sufficient time has elapsed, a person with minor criminal inadmissibility may be deemed rehabilitated and no longer be inadmissible. Therefore, it is not necessary to issue a temporary resident permit. [A36(3) and R18] Eligibility for permanent resident status: Protected temporary residents class
Individuals who hold a temporary resident permit may become permanent residents in this class provided:
• they became a temporary resident under a temporary resident permit issued for protection reasons after having made a claim for refugee status outside Canada under A99; or • they were issued a Minister’s permit under the former Act after seeking admission to Canada as members of the Convention, source country, or country of asylum refugee classes. This class was created to facilitate the acquisition of permanent resident status by refugees in urgent need of protection. Members of the class, who are issued temporary resident permits to come to Canada before a permanent resident visa can be issued abroad, may apply for permanent residence from within Canada but without the waiting period that is one of the requirements of the permit holder class. There is no fee for applications made in this class. For more information, see PP4, section 9.
Eligibility for permanent resident status: Permit holder class
Permit holders may become permanent residents of Canada as members of the permit holder class if they have not become inadmissible on any grounds other than those for which the original permit was issued and they have resided in Canada for a period of: In order to be accepted in the permit holder class, individuals must make an application and pay
the appropriate processing fee. Individuals who become inadmissible on any other ground since permit issuance are not eligible for permanent residence. In situations where individuals become subject to a new inadmissibility, officers will need to reassess the case, including the new inadmissibility and, if they decide it is warranted, issue a new permit.
Otherwise, there is no discretion involved in granting permanent resident status to a permit holder who has completed the required time period. Officers recommending or issuing permits and extensions should carefully consider all the factors before issuing a permit or extension with a validity period which would allow the person to become a permanent resident. Work and study permits
A temporary resident permit does not exempt the permit holder or their family members from the requirement to apply for work and study permits if they wish to work or study in Canada [R212 and R215(e)] . An officer should issue: • a work permit to a permit holder in financial need if the permit is valid for at least six months [R199]; • a study permit to a permit holder or their family members if the permit is valid for at least six months, and they meet the requirements applicable to all foreign nationals [R213 to R217]. For more information, refer to FW 1 and OP 20. Protected temporary residents class
R151.1(2) states:
R151.1(2) A foreign national is a protected temporary resident and a member of the protected temporary residents class if the foreign national holds a temporary resident permit and (a) became a temporary resident under a temporary resident permit for protection reasons after making a claim for refugee protection outside Canada under section 99 of the Act; or (b) was issued a Minister's permit under section 37 of the former Act after seeking admission to Canada under section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations. This class was created to allow refugees in urgent need of protection to apply for permanent residence from within Canada but without the delay associated with the permit holder class. For more information, see:
• PP4, sections 5 and 9
Procedure: Convention refugees in Canada
However, there may be reasons to allow these inadmissible persons to remain in Canada under the authority of a permit.
Sources:
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