Foreign nationals are allowed into Canada as temporary residents by privilege. Section A22 of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national becomes a temporary resident if an officer is satisfied that they have applied for that status, have met the obligations set out in A20(1)(b) and are not inadmissible.
Temporary residents include foreign nationals entering Canada as visitors on temporary resident visas and as workers or students on work and/or study permits.
Requirements of a Temporary Resident Visa (TRV)
You must demonstrate that you meet the requirements of the IRPA and the Immigration and Refugee Protection Regulations and that you will be in Canada for a temporary stay.
You must also:
- satisfy an officer that you will leave Canada at the end of your stay,
- show that you have enough money to maintain yourself and your family members in Canada and to return home,
- not intend to work or study in Canada unless authorized to do so,
- be law abiding and have no record of criminal activity,
- not be a risk to the security of Canada,
- provide any additional document requested by the officer to establish your admissibility, and
- be in good health (complete a medical examination if required).
Minors travelling alone
Minors (under 18 years of age) travelling alone or with a person other than their parents or legal guardians should have a letter of authorization, in English or French, signed by both parents or legal guardians. It should also include the name of the adult who will be responsible for the children in Canada. At the same time, minors travelling with only one parent or legal guardian should have a letter of authorization from the non-accompanying parent or guardian.
An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay pursuant to sections A22(2) and R183. The person’s desire to work, study or visit in Canada before or during the processing of an application for permanent residence may be legitimate. An officer is required to distinguish between such a person and an applicant who has no intention of leaving Canada if the application is refused.
An officer will also consider:
- the time required to process an application for permanent residence, because the length of time will affect the applicant’s means of support;
- obligations at home; and
- the applicant’s likelihood of leaving Canada if the application is refused.
Electronic Travel Authorization (eTA)
Foreign nationals from visa-exempt countries flying to Canada must have an Electronic Travel Authorization (eTA). You are exempt from this requirement if you are a U.S. citizen, or have a valid Canadian visa, or if you travel by land or sea.
For further information or questions regarding Temporary Resident Status and Dual Intent, please feel free to contact our office. If you would like to know whether you could be eligible to immigrate to Canada, we invite you to complete our online assessment questionnaire: On-line Assessment Questionnaire.
Last updated: 20.03.2016