Temporary Residents Flashcards
R. 183 Conditions of a TR
- must leave the country at the end of the period of the authorized stay (the expiration of the docs, 6 months, or whatever the officer determines)
- not permitted to work or study, unless authorized to do so
Extension of period authorized to stay
Implied Status: if they apply for an extension and there is no decision yet then they have implied status and the period is extended until the decision has been made or at the end of the new authorized period
- implied status does not apply for temp residents that would like to stay longer
Types of Temporary Resident Visa
- Single Entry Visa
- Multiple entry visa; it may be valid for 10 years but it does not mean that they are permitted to remain in Canada consecutively
- Transit Visa
- Parent and Grandparent Super visa: parents and grandparents of citizens or PR can apply, generally it is valid of 10 years for multiple entries, with a stay up to 2 years each visit.
Student or Worker Visit from Inside Canada
Visitors Visas for Workers and Students: How to Apply from Inside Canada
- This Trv application process allows individuals who are already in Canada on a valid worker or student visa to submit a TRV application to the case processing center (CPC) in Ottawa
This was a result of the permits for work or studies were given for a longer period of time and as a result some times the TRV (Visas expired) so instead of going home to renew, they would be able to do it from Inside of Canada because technically they would have to do it from outside of Canada
Application of TRV - Where?
Outside of Canada: submit their application online or the VAC that is responsible for processing TRVs, as indicated on the departmental website
Inside of Canada: if temp residents would like to extend their stay from within Canada as a visitor, must submit online or mail to CPC in Edmonton, Alberta
s. 22 (2) Dual Intent
If the intent is for the FN to become PR then it does not preclude them from becoming a TR as long as the officer is satisfied that they will leave Canada at the end of their expired dates
Change of Status
TRV to Work/Study Permit
if a visitor would like to work or study during their time here, they would have to apply for processing and approval. If approved they then have to leave Canada and re-enter so that to they be issued the permit at the boarder.
Extension of Stay TRV
if the Visitor would like to extend their stay beyond the permitted date they can apply online or at the CPC in Edmonton
R. 183 (5): Implied Status, as long as they had applied to extend their stay prior to their expiration date
- if the application is incomplete the IRCC will advise the applicate to depart from Canada, but the applicant may be eligible to submit an application for restoration of status (R 182)
R. 181 - Restoration of Status
Visitor, worker, or student may within 90 days of losing their TR status as because of failure to comply with a condition imposed, the officer may restore their status if they are satisfied, following an examination, that they have met the initial requirements and have not been in default of any other conditions.
- if more than 90 days have passed then they must leave Canada
- they may apply for a TRP but they will remain out of status during the processing time of the application
Supervisa : Requirements
- requires all applicants to undergo a medical examination
- must meet the minimum income threshold (LICO)
- must have a financial obligation agreement
- must have Canadian medical insurance up to 100 K
- granted for 10 years for multiple entries, but each visit is up to a maximum of 2 years stay
s. 24
TRP : Temporary Resident Permit
(A part of the permit Holder Class)
This is granted in rare situations, and is a temporary fix to inadmissibility or when the applicant does not meet the requirements
- discretionary instructment for the Minister to overide in exceptional cases and the circumstances justify the person’s entry on a temp basis
- TRP can be revoked at any given point
- TRP is invalidated once the person leaves Canada, only valid for one entry
- may be issued at a Canada visa office outside of Canada, at the POE, or from within Canada (by the CPC in Edmonton)
R. 63 - validity of the remains until one of the following
- the permit is cancelled
- departure from Canada without prior authorization to re-enter
- the period of validity specified on the permit expires
- period of three years lapsed from the date of validity
TRP holders have greater privileges than those that are visitors, students or work permits holders. For those with a valid period of more than six months are more are allowed to submit applications from within Canada for a work or study permit and have access to health care and social services
R. 64 TPR may be eligibl,e for PR and have continuously resided in Canada for three years, unbroken, unless authorization was provided prior to
A FN from a visa exempt country can apply for a TPR at the POE
if applied outside of canada and has been approved, a letter is provided and then the Officer will issue the Permit because they have the discretionary powers at the boarder
Refusal for TRV
The standard letter should not be used for refusals for misrepresentation [A40]. For refusals under A40, the Immigration Program Manager will use an A40 refusal letter which must include the information that the applicant is banned from entry into Canada for 5 years from the date of issuance of the A40 refusal letter.
An officer at a port of entry (POE) may form the opinion that it would be contrary to the IRPA to grant entry In this situation, the officer must decide whether to do one of the following:
- prepare a report (A44(1))
- allow the person seeking entry to Canada to withdraw their application or
- admit the person and impose conditions (A44(3)).
Section A44(2) establishes the course of action to be taken, should the Minister deterimines that the report is well-founded.
The A44(1) report written by an officer is forwarded to a Minister’s Delegate who reviews it to ensure its validity and to render a disposition on the case.
Persons denied entry to Canada will be notified of the reasons for the refusal and will be given an opportunity, at a case review with a Minister’s Delegate, to provide evidence refuting the allegations.
Burden of Proof; it is on the FN
Cancellation of TRV
In cases where the officer determines that the visa was issued due to fraud or misrepresentation, the officer should advise the person, in writing, of their concern stating that the visa is invalid and that the passport with visa should be returned to the visa office. Once the visa officer has requested the return of the visa the person should be called for interview to cancel the visa and to find the person inadmissible for misrepresentation under A40.
Validity of Stay after Re-Entry
As per R190(3)(f), foreign nationals who are normally required to have TRVs to enter Canada are exempt from that requirement when they seek to re-enter, if, since leaving Canada after being authorized to enter as a temporary resident, they have only visited St. Pierre and Miquelon or the U.S. (including the Territories and Possessions of the U.S., but not including cruises that enter international waters) and:
- are returning within the initial period authorized by an officer; or
- are in possession of a valid VR, WP, SP or a TRP (authorizing re-entry) and are returning within the initial period authorized by an officer.
Refusal - Detention
Depending on the disposition of each case, persons refused admission to Canada may be detained if there are reasonable grounds to believe that the person:
- is a danger to the public; or
- would not appear for examination.
Any person detained will be informed of the reason for the detention and notified of their right to counsel.
Temporary residents: Security deposits and guarantees
Officers may impose security deposits and guarantees on permanent residents and foreign nationals who are the subject of a report as per A44(1), an admissibility hearing or a removal order.
CIC’s objectives concerning the use of security deposits and guarantees are to:
- impose the payment of deposits or the posting of a guarantee on foreign nationals and permanent residents within Canada to ensure compliance with any terms and conditions that may be imposed under IRPA and its Regulations; and
- allow the release of a person held in immigration detention, based on that person’s agreement to abide by any terms and conditions of release, to ensure compliance with IRPA and its Regulations.
Details regarding the deposit:
- the amount of money required will be determined by the officer on a case-by-case basis;
- payments are accepted in cash, certified cheque, bank draft, money order or debit card (credit card payments are not accepted);
- inland offices accept deposits in Canadian funds;
- ports of entry (POE) accept deposits in US currency if the depositor does not have sufficient Canadian funds;
- no interest is paid on the sum of money deposited.
A guarantee is a written undertaking by a third party that the person who is the subject of the guarantee will abide by the terms and conditions imposed by an officer
- The guarantor is not required to provide a security deposit, unless the subject of the guarantee does not comply with the terms and conditions. A guarantee is also referred to as a conditional bond.
How are security deposits and guarantees imposed?
Security deposits and guarantees can be imposed at a POE or inside Canada to ensure compliance with conditions imposed under the following circumstances:
- upon admission to a person or group of persons (typically an entertainment group);
- to a permanent resident or a foreign national who is the subject of a report, admissibility hearing, or a removal order;
- where a person is detained and an officer orders their release before the first detention review by the Immigration Division;
- at a detention review or admissibility hearing.
- The amount of the deposit or guarantee is fixed by an officer on the basis of the:
financial resources;
- obligations imposed;
- costs that would likely be incurred to locate and arrest the person or group, to detain them, to hold an admissibility hearing and to remove them from Canada; and
- costs that would likely be incurred to enforce it (In the case of a guarantee).
