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Re-Entry Into Canada on Original Visa

Posted in Visitor Visa Canada

Entry Into Canada on Original Visa

If you require aTemporary Resident Visaand want to re-enter Canada, then you must be in possession of a multiple-entry visa.  Unless, since leaving Canada after being authorized to enter as a temporary resident, you have only visited the U.S. or St. Pierre and Miquelon, and are returning within the initial period authorized.

Example:

  • A foreign national in possession of a Temporary Resident Visa (Visitor Visa) valid for one year, who is subsequently issued a four-year student permit at a port of entry, may leave and return to Canada after the expiry of the visa as long as they have only visited the U.S. or St. Pierre and Miquelon and the student permit is still valid.
  • A foreign national in possession of a one-entry Temporary Resident Visa may travel in and out of Canada without the issuance of a new or multiple-entry visa as long as they return to Canada within the initial period (or any extensions) authorized and have only visited the U.S. or St. Pierre and Miquelon

Conditions of Temporary Residents

The following is a general conditions that are automatically imposed on all temporary residents:

  • to leave Canada by the end of their authorized period of stay
  • to not work, unless they have been issued a work permit or are exempt from the requirement to obtain a work permit
  • to not study, unless they have been issued a Study Permit or are exempt from the requirement to obtain a study permit

Now the port of entry officer does not need to document these conditions for every person authorized to enter Canada as a temporary resident as they are automatically imposed. However, if the officer believes that a document is necessary as a control measure or as an aid in counselling the person regarding the conditions of their entry, they may generate a Visitor Record and attach it to their passport or travel document.

Dual Intent

Your intentions of becoming a permanent resident does not preclude you from becoming a temporary resident so long as the officer is satisfied that you will leave Canada by the end of the period authorized for your stay. A person's desire to await the outcome of an application for permanent residence from within Canada may be legitimate and should not automatically result in the decision to refuse entry.

An officer will distinguish between such a person who has no intention of leaving Canada if the application is refused.

In rendering a decision, the officer will consider:

  • the length of time required to process the application for permanent resident status
  • the means of support
  • obligations/ties in home country
  • the likelihood of the applicant leaving Canada if the application is refused
  •  compliance with the requirements of the Act and Regulations while in Canada.

In some cases, the officer may issue a Visitor Record documenting the details of the trip for control purposes and provide thorough counselling regarding the conditions of entry.  Note that the resident status and the duration of time authorized at the port of entry should match the time required to complete the processing of the application.

Many persons who apply for PR to Canada, would still like to temporarily visit Canada. If this applies to you, it is very important that proper documentation and arguments are made to demonstrate your temporary intentions in Canada. We are here to help! Please call us and let us guide you through the process.

Tags: Visitor Visa Canadian Temporary Residence Canadian Immigration Re-Entry Into Canada on Original Visa

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