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Visitor Visa

VISITOR’S VISA

Canadian Visitor Visa is meant for short and temporary stays in the country. Some countries have an agreement with Canada because of which their citizens need not have a visitor visa to enter Canada. Many of our clients come seeking our support with regards to visitor visa mainly because their visitor visa application has earlier been refused.

My visitor visa application has been refused!

It does not always mean that you do not qualify for permanent residence in Canada. One important factor when it comes to temporary visa applications is that one must satisfy the immigration authorities that they would leave Canada once their temporary visa expires. But it’s just the opposite in the case of permanent residence visas. You need to convince the authorities that you will stay in Canada permanently.

The reason behind your temporary visa being rejected can be many. They include:

  • Medical or criminal inadmissibility
  • If you have overstayed a temporary visa (Canada or another country)
  • Lack of sufficient ties to the country of your citizenship or residence
  • No proper travel history
  • Mistakes in the paperwork

But your temporary visa application being rejected must not stop you from working towards making your dream of Canadian permanent residence true. You may check your eligibility with our Free Online Assessment!

DUAL INTENT:

It is a problematic situation if you have already applied for permanent residence in Canada but want to visit the country on a temporary basis. The major reason is that the requirements you need to meet in order to obtain a Canadian Permanent Residence (PR) are completely the opposite of the requirements for a temporary visa. On a temporary visa, you need to leave Canada as the visa expires. But when you apply for a permanent residence visa, your intention must be to live in the country permanently.

As a result, if your application for permanent residence is being processed and you want to come to Canada on a temporary visa, it would appear as you have two different contradictory intentions–to stay permanently and to stay temporarily.

It is fine to have two intentions with regard to your Canadian immigration plans if you are willing to meet the requirements of the temporary visa. For example, we shall explain two scenarios, wherein one the applicant meets these requirements while in the other, he/she does not.

APPLICANT HAS DUAL INTENT:

In some types of PR applications, the processing times can be more than 12 months. It is a completely convincing situation that an applicant who has to wait for 12 months to obtain a PR visa wants to come to Canada, either to check the employment prospects or to find locations where they want to settle down in the future. This is totally acceptable as long as the candidate plans to leave Canada before his/her temporary visa expires and returns to Canada when the PR application is successfully approved.

APPLICANT DOES NOT HAVE DUAL INTENT:

But on the contrary, if your application for Canada PR is yet to be approved, but you want to set up a life here and wait for the PR approval from Canada, that would be a problem. It is because your sole intention here is to stay in the country permanently.

If the visa officer finds out that you are planning to stay in Canada on a temporary resident visa until your PR application is approved, he/she might refuse your application for a temporary visa. The reason is that you are not respecting the conditions for a temporary visa to Canada. However, if your temporary visa application is refused, it does not mean that your PR application would also be refused.

Canada evaluates all applications–both permanent and temporary–in a fair and democratic manner. Some types of temporary permits, such as the bridging open work permit, receive special considerations, and the permit holders are allowed to wait for a PR visa while they are in Canada with temporary status.

ImmiLaw Immigration can help you come to Canada, permanently or temporarily. You can check your options for Canada immigration with our Free Online Assessment.

If you are looking for indian immigration lawyers in Canada, you can confidently contact our team. 

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