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TEMPORARY RESIDENT VISA
What to do if an application is refused
Frequently asked questions
Why do some foreign nationals need a temporary
resident visa to enter Canada?
Under Canada's Immigration and Refugee Protection Act, every foreign
national, except people from countries specifically exempted in
the Immigration and Refugee Protection Regulations, must have a
temporary resident visa before arriving in Canada. (Countries are
exempted where their nationals have demonstrated that they are a
low risk for violating Canada's visa rules.) Temporary resident
visa requirements allow Canada to fulfil the objectives of the Immigration
and Refugee Protection Act by facilitating the entry of bona fide
visitors to Canada for such purposes as trade, commerce, tourism,
international understanding, and cultural, educational and scientific
activities, while also protecting the health, safety and security
of Canadian society. The CIC Web site provides the list of countries
whose citizens need visas to visit Canada at http://www.cic.gc.ca/english/visit/visas.asp.
How many applications for temporary resident
visas does CIC receive each year and what is the approval rate?
The volume of temporary resident visa applications has tripled since
the early 1980s. Currently, CIC's visa offices receive applications
for temporary entry to Canada from about one million people annually.
The temporary resident visa approval rate has remained consistent
at just over 80 percent for most years since 1983.
Who decides if a foreign national will be granted
a temporary resident visa?
Under the Immigration and Refugee Protection Act, only visa officers
are authorized to decide on temporary resident visa applications.
The visa officer is an independent decision maker whose determination
must be in accordance with the Immigration and Refugee Protection
Act and Regulations. Members of Parliament and other Canadian government
officials do not have the authority to make decisions on temporary
resident visa applications or to give directions to visa officers
with respect to individual decisions.
If I disagree with the refusal decision on an
application, what can I do?
If you believe that you have new information that was not previously
considered or if you believe that circumstances have changed since
the refusal, you may wish to submit a new application. This new
application will normally be assessed by a different visa officer
and all current information will be taken into consideration. If,
however, there is no change in your situation, or no change in the
purpose of your visit, it is unlikely that a new application will
result in the issuance of a visa. The normal processing fees apply
to all new applications.
What does a visa officer consider when assessing
an application for a temporary resident visa?
Approval of a temporary resident visa application cannot be guaranteed
as each application is considered on its own merit. Visa officers
look at many factors in assessing whether an applicant is a genuine
temporary resident. They consider the purpose of the visit and the
applicant's ties to his or her home country, including the family
and economic situation.
Foreign nationals wishing to come to Canada as temporary residents
must show that they will respect the conditions that apply to temporary
residents. One of these conditions is that they will leave voluntarily
at the end of the visit. Individuals who apply to come to Canada
as temporary residents must satisfy the visa officer that they:
- are in good health (in some cases, a medical examination may
be required);
- have not committed a crime;
- do not pose a threat to Canada's security;
- have a valid passport or travel document;
- have enough money to support themselves and their family members
while in Canada;
- will leave Canada voluntarily at the end of their authorized
stay; and
- meet all other requirements of the Immigration and Refugee
Protection Act.
Visa officers also take into account invitations from hosts in
Canada. While the invitation helps in assessing the purpose of the
visit, it is only one of many factors that must be taken into consideration.
The visa officer is required to assess the applicant's intentions,
rather than those of the host in Canada.
For example, a host may believe that a temporary resident intends
to leave at a specific time, but does not have the ability to enforce
this departure.
Some visitors may not have informed their hosts of their true intentions.
Visa officers make decisions on a case-by-case basis. The onus is
on applicants to show that their intentions are genuine.
What documents must be submitted with a new application?
Each visa office and its Web site provides information on the supporting
documents that must be submitted with the completed application
form and fees. Ensuring that an application is complete, that the
fee payment is in an acceptable form and that all required documents
in support of the application have been included will ensure that
the application is processed without undue delays.
In general, applicants need documentation to demonstrate that they
have a valid reason to visit Canada and sufficient attachments to
their home country to ensure that they will return to it after their
authorized stay in Canada.
Where a new application is submitted after a refusal, applicants
should provide documents related to the new information or the change
in their circumstances since the refusal or, failing that, they
should provide an explanation for the new application.
Links to the visa office Web sites may be found on the CIC Internet
site at http://www.cic.gc.ca/english/information/offices/missions.asp.
What type of information should an applicant
include on a new application to satisfy a visa officer?
There is no formula or specific document that will guarantee approval
of a temporary resident visa application. Applicants are advised
to submit complete applications, including all the supporting documents,
in accordance with the instructions that the visa office provides.
The documents must be authentic and the information presented must
be truthful. Fraud and misrepresentation will result in a refusal,
and applicants refused for these reasons will be banned from entering
Canada for two years. However, the completeness of an application
and the submission of all requested documentation will not in themselves
result in the approval of an application. The visa officer must
also be satisfied that the applicant is a genuine visitor to Canada
who will leave at the end of an authorized stay.
The Immigration and Refugee Protection Act and its regulations provide
authority to visa officers to use their discretion in evaluating
situations in which there may be compelling humanitarian and compassionate
considerations. Applicants who wish to have any particular circumstances
of a humanitarian and compassionate nature taken into account by
the visa officer should attach a written submission to the application,
describing the situation. If a temporary resident permit is approved
under these circumstances, an additional fee is payable.
What can I do to support the new application
of a friend, relative or business contact who has been refused?
If your friend, relative or business contact decides to make a new
application, you may provide documentation in support of that application
directly to the applicant to submit with his or her application.
However, although you may provide such support, the decision of
the visa officer is ultimately based on the applicant's circumstances,
and not on any personal or financial guarantees that you or others
may be prepared to offer on his or her behalf.
May I be told the reasons for the refusal of
the application of my friend, relative or business contact?
As a federal government department, CIC is bound by the Privacy
Act not to discuss the details of any case with anyone except the
applicant and certain authorized people. Before the visa office
can release information to you, the applicant must provide it with
specific written permission. In many cases, because of the volume
of work (CIC considers nearly one million applications a year),
even if you are informed of the reason for the refusal, the information
given to you may be quite brief. For instance, you might be told
that "based on the information available, the visa officer was not
satisfied that the applicant was a genuine visitor who would leave
Canada when required to."
Applicants should use the "Authority to Release Personal Information
to a Designated Individual" form (IMM 5475) to give written permission
to the visa office for the release of personal information to a
third party. The form is available on line at http://www.cic.gc.ca/english/information/applications/index.asp.
Can a potential host in Canada or an applicant
outside Canada appeal the decision on a temporary resident visa
application?
Under Canada's Immigration and Refugee Protection Act, there is
no formal right of appeal on temporary resident visa decisions.
Rather, the applicant may reapply and, whenever possible, a different
visa officer will examine the application. An applicant may also
seek leave through the Federal Court of Canada to request a judicial
review of any decision made by a visa officer, if he or she believes
that the process was not legally or procedurally fair. A lawyer
in Canada would have to act on behalf of the applicant.
Where can I get more information?
The CIC Web site provides information for people wishing to visit
Canada at www.cic.gc.ca.
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