A visitor visa (also known as a temporary resident visa) is the document placed by a visa officer into a passport – that document can allow a person to approach a Canadian port of entry (such as an airport in Canada) to request admission as a visitor. At a port of entry, a Canada Border Services Agency officer can decide how long a person possessing a temporary resident visa can remain in Canada. In some cases, a Canada Border Services Agency officer may allow as long as six months of entry as a visitor, and in others, said officer can deny entry and (in less common cases) detain a person pending a further examination as to whether the person appears to be a genuine visitor.
A temporary resident permit is something of a remedial document: it serves as a temporary remedy against a finding of inadmissibility to Canada. The types of inadmissibilities that are addressed may include misrepresentation, criminal inadmissibility, medical inadmissibility, or the failure to possess an authorization to return to Canada prior to entering Canada (to mention but a few categories/situations).
A visitor visa is applied for at a visa office outside of Canada by those passport holders who require the issuance of a visitor visa prior to entering Canada. In ordinary, less complex cases a visitor visa is a stand-alone application. By contrast, a temporary resident permit can be applied for in tandem with another type of application such as a temporary resident visa, study permit, or work permit. One example is a study-permit holder who was ordered to leave Canada because of a criminal conviction in Canada; a criminal conviction renders such a person inadmissible to Canada, but a sufficiently compelling reason to return to Canada (e.g. to complete academic study in Canada), may be explained in temporary resident permit application that would accompany a study visa application.
Sometimes a temporary resident permit is issued at a port of entry at the discretion of the port of entry officer. This may occur if an officer believes it is in the best interests of a child to be allowed to enter Canada despite the inadmissibility of the child or an accompanying guardian or parent. More generally, an officer inside of Canada or outside of Canada must weigh the reason for the inadmissible person seeking entry versus the risk to Canadian society and/or the integrity of the immigration laws of Canada.
If you’re seeking advice on a visitor visa or a temporary resident permit contact Chaudhary Law Office.
