Immigration and you - Atty. Stacey Belding

Applying for Visitor Visas

Every year over 35 million people visit Canada, a number exceeding our permanent population. Whether a visitor intends to take in the various sights of our beautiful country, or attend a business convention, or visit relatives, non-Canadians are subject to immigration rules regarding temporary entry.

To enter Canada, visitors must have a valid travel document (i.e. passport), be in good health, satisfy immigration officers that they have ties to home and will leave Canada by the end of the authorized period for their stay, and have sufficient funds to support themselves and any accompanying family members while in Canada. Unless the visitor is a national of a visa-exempt country such as the United States or most European countries, a temporary resident visa (“TRV”) or “visitor visa” will also be required.

TRV applications are made at a Canadian visa office abroad in the applicant’s country of nationality or lawful temporary/permanent residence. Processing times usually range from 2 days to 2 months. Requirements can vary slightly at different visa offices.
Applicants must submit the standard application form(s), processing fee, photos, passport, proof of funds/assets/employment, authorizations for minors (if applicable), and a copy of a return ticket if available. It is generally recommended that applicants visiting family or friends provide an invitation letter, proof of the host’s status in Canada, and financial information of any host assisting with expenses. Business visitors should provide a letter of invitation from the Canadian company as well as documents detailing the business activities. Visitor visas are usually issued for a six month duration and may be extended from within Canada. A visitor visa may be for single entry or multiple entry use. A medical examination may be required and will normally be requested by authorities for a visit exceeding 6 months by a foreign national from a “designated country”, including the Philippines for example.

Many applicants for a TRV make the mistake of emphasizing their reasons for visiting and/or ties to Canada. Statements about how all your relatives live in Canada or that you prefer Canada to your home country are not helpful! Of course you must provide a valid reason for visiting Canada such as tourism or visiting family members; however the main issue is whether your visit is temporary.
Therefore immigration officers assessing your TRV application and greeting you at the port of entry will be looking for proof of ties to home and a bona fide intention to return. As such, you need to provide information concerning your reasons to return – such as employment or business interests, family ties, property and/or other assets, schooling or other ties - along with proof of those ties such as an employment letter or business registration documents, bank account and property/asset statements, proof of family relationships, and the like. You must also demonstrate sufficient funds to cover the cost of your travel and stay in Canada, the amount of which depends on the visit duration, intended activities, accommodations, and any assistance from your host.

A few years ago the Minister of Citizenship and Immigration established a policy encouraging visa officers to be more flexible in issuing TRVs to parents and grandparents of Canadians, including long term TRVs. As visitors are not eligible for provincial health care coverage, private health insurance is recommended for all visitors, especially those intending extended stays in Canada. In addition to being prudent, it is a factor that may be considered by immigration officers along with the applicant’s and/or host’s financial ability to support a long term stay.

What about people who have permanent residency applications in process, or who intend to apply for permanent residency while they are visiting Canada? Visitor intentions to become a permanent resident do not preclude them from being admitted as a temporary resident if officers are satisfied they will leave Canada by the end of the period authorized for their stay. The problem does not lie with having two intents (“dual intent”) but rather with having a single bona fide intent (i.e.: to become a permanent resident) and misrepresenting the second intent (i.e.: to become a temporary resident) in order to achieve the real intention. As would be expected it can be pretty difficult to determine an applicant’s true intent in most cases and it involves considerable discretion on the part of immigration officers. Applicants should remember that there is generally no downside to applying for a TRV, other than the time and fees involved, in that a denial does not ordinarily affect a future or pending permanent residency application as it is based on different factors. As with all immigration applications, applicants must be truthful and can also be denied if they misrepresent facts or are otherwise inadmissible due to criminality or medical reasons.

 
Volume 8 No 10 - May 16-31, 2010
Ang Peryodiko - The Newspaper For Overseas Filipino
Back to Main Page

     
   
  210-A Tyndall Avenue, Winnipeg, MB Canada R2R 1S5
Ang Peryodiko Newspaper. © 2008 All Rights Reserved.
Site Design by JOSELMEDIA.COM | HACKUNDERTAKER.COM