Podcast
Questions and Answers
What is the general process for foreign nationals to gain entry and status in Canada?
What is the general process for foreign nationals to gain entry and status in Canada?
- A two-step process involving a visa application from abroad followed by an application for admission at a port of entry. (correct)
- Direct application for admission at a Canadian port of entry without prior visa application.
- A single application for permanent residency submitted from within Canada.
- Applying for permanent status directly upon arrival in Canada as a temporary resident.
According to the provided text, where must a foreign national initially apply for a visa to enter Canada?
According to the provided text, where must a foreign national initially apply for a visa to enter Canada?
- Directly to the provincial nominee program office.
- At a Canadian port of entry upon arrival.
- From within Canada after entering as a visitor.
- From abroad, before attempting to enter Canada. (correct)
What is the primary purpose of the examination conducted by an officer when a foreign national applies for a visa?
What is the primary purpose of the examination conducted by an officer when a foreign national applies for a visa?
- To ensure the foreign national is admissible to Canada and meets the requirements of the IRPA. (correct)
- To determine if the foreign national has sufficient funds for their stay in Canada.
- To evaluate the foreign national's job skills and work experience.
- To assess the foreign national's language proficiency in English or French.
Under section 20(1) of the IRPA, what must a foreign national establish to become a permanent resident upon seeking entry to Canada?
Under section 20(1) of the IRPA, what must a foreign national establish to become a permanent resident upon seeking entry to Canada?
According to section 22 of the IRPA, what is a condition for a foreign national to become a temporary resident?
According to section 22 of the IRPA, what is a condition for a foreign national to become a temporary resident?
Besides meeting the obligations in section 20(1)(b) and not being inadmissible, what additional requirement is mentioned in section 22 of the IRPA for becoming a temporary resident?
Besides meeting the obligations in section 20(1)(b) and not being inadmissible, what additional requirement is mentioned in section 22 of the IRPA for becoming a temporary resident?
Which of the following is NOT explicitly mentioned as a step for a foreign national to obtain status in Canada according to the text?
Which of the following is NOT explicitly mentioned as a step for a foreign national to obtain status in Canada according to the text?
What is a common element in the requirements for both permanent and temporary residents as per sections 21 and 22 of the IRPA?
What is a common element in the requirements for both permanent and temporary residents as per sections 21 and 22 of the IRPA?
Under what legislative provision is the Minister of Immigration, Refugees and Citizenship granted discretionary power to deny temporary resident status based on public policy?
Under what legislative provision is the Minister of Immigration, Refugees and Citizenship granted discretionary power to deny temporary resident status based on public policy?
What is a key criticism leveled against the Minister's discretionary power to deny temporary resident status under section 22.1 of the IRPA?
What is a key criticism leveled against the Minister's discretionary power to deny temporary resident status under section 22.1 of the IRPA?
According to the IRCC guidelines, which of the following is considered a broad area of concern that might lead to the Minister denying temporary resident status?
According to the IRCC guidelines, which of the following is considered a broad area of concern that might lead to the Minister denying temporary resident status?
What is the maximum duration for which a ministerial declaration denying temporary resident status can remain in place?
What is the maximum duration for which a ministerial declaration denying temporary resident status can remain in place?
What is a 'counterfoil' in the context of Canadian visas?
What is a 'counterfoil' in the context of Canadian visas?
Issuance of a Canadian temporary resident visa by a visa officer signifies that the officer is satisfied that the visa applicant:
Issuance of a Canadian temporary resident visa by a visa officer signifies that the officer is satisfied that the visa applicant:
According to the provided text, what definitively establishes temporary or permanent resident status in Canada?
According to the provided text, what definitively establishes temporary or permanent resident status in Canada?
What is a key requirement for a temporary resident visa holder upon arrival at a Canadian port of entry?
What is a key requirement for a temporary resident visa holder upon arrival at a Canadian port of entry?
Under which circumstances are applicants for permanent residence in Canada NOT required to obtain a permanent resident visa?
Under which circumstances are applicants for permanent residence in Canada NOT required to obtain a permanent resident visa?
What is the initial step for foreign nationals seeking to immigrate to Canada through certain economic programs using the Express Entry system?
What is the initial step for foreign nationals seeking to immigrate to Canada through certain economic programs using the Express Entry system?
For permanent resident visa applicants from Quebec, what additional criterion is necessary according to the provided text?
For permanent resident visa applicants from Quebec, what additional criterion is necessary according to the provided text?
Which of the following actions is a permanent resident visa holder required to undertake upon arrival at a Canadian port of entry?
Which of the following actions is a permanent resident visa holder required to undertake upon arrival at a Canadian port of entry?
What is the significance of the expiration date on a temporary resident visa?
What is the significance of the expiration date on a temporary resident visa?
In the context of visa applications, what might a foreign national be required to provide to facilitate background checks?
In the context of visa applications, what might a foreign national be required to provide to facilitate background checks?
For which of the following permanent resident programs mentioned in the text are 'application forms often not required' after an invitation has been issued?
For which of the following permanent resident programs mentioned in the text are 'application forms often not required' after an invitation has been issued?
In what format must applications for Canadian immigration be generally submitted?
In what format must applications for Canadian immigration be generally submitted?
For permanent residency applications, which procedure is mandatory for all applicants to screen for inadmissibility?
For permanent residency applications, which procedure is mandatory for all applicants to screen for inadmissibility?
For how long must an applicant for permanent residence have resided in a country after the age of 18 to typically require a police certificate from that country?
For how long must an applicant for permanent residence have resided in a country after the age of 18 to typically require a police certificate from that country?
What is the primary role of visa officers in assessing applications for permanent residency?
What is the primary role of visa officers in assessing applications for permanent residency?
Under Canadian immigration regulations, what is the fundamental requirement for a foreign national intending to stay in Canada temporarily?
Under Canadian immigration regulations, what is the fundamental requirement for a foreign national intending to stay in Canada temporarily?
Which of the following is NOT a primary category under which a foreign national may apply for a temporary resident visa to Canada?
Which of the following is NOT a primary category under which a foreign national may apply for a temporary resident visa to Canada?
What is the typical validity period for a single-entry temporary resident visa to Canada?
What is the typical validity period for a single-entry temporary resident visa to Canada?
What distinguishes the 'super visa' from other types of temporary resident visas for parents and grandparents of Canadian citizens and permanent residents?
What distinguishes the 'super visa' from other types of temporary resident visas for parents and grandparents of Canadian citizens and permanent residents?
Where are Temporary Resident Visa (TRV) applications initially processed before being forwarded to IRCC?
Where are Temporary Resident Visa (TRV) applications initially processed before being forwarded to IRCC?
According to regulations, under which condition is a visa officer required to issue a Temporary Resident Visa (TRV)?
According to regulations, under which condition is a visa officer required to issue a Temporary Resident Visa (TRV)?
Regarding the onus of proof in TRV applications, what is the applicant primarily responsible for demonstrating to the visa officer?
Regarding the onus of proof in TRV applications, what is the applicant primarily responsible for demonstrating to the visa officer?
When do temporary resident applicants need to continue meeting admissibility requirements, in addition to the time of application?
When do temporary resident applicants need to continue meeting admissibility requirements, in addition to the time of application?
What is identified as the most common concern in the assessment of temporary resident visa applications?
What is identified as the most common concern in the assessment of temporary resident visa applications?
What is the primary function of an Electronic Travel Authorization (eTA) in the context of Canadian immigration?
What is the primary function of an Electronic Travel Authorization (eTA) in the context of Canadian immigration?
How does access to public healthcare differ between permanent residents and temporary residents on a 'super visa' in Canada?
How does access to public healthcare differ between permanent residents and temporary residents on a 'super visa' in Canada?
What is a critical factor for visa officers when assessing temporary visa applications?
What is a critical factor for visa officers when assessing temporary visa applications?
What does subsection 22(2) of the IRPA permit concerning intentions of foreign nationals?
What does subsection 22(2) of the IRPA permit concerning intentions of foreign nationals?
Why might a visa application be refused according to the guidance provided?
Why might a visa application be refused according to the guidance provided?
What recourse is available if a temporary resident visa application is refused?
What recourse is available if a temporary resident visa application is refused?
What standard does the Federal Court use when reviewing decisions made by visa officers?
What standard does the Federal Court use when reviewing decisions made by visa officers?
What factor does not require visa officer notification if concerning an applicant's visa application?
What factor does not require visa officer notification if concerning an applicant's visa application?
Which class enables foreign nationals to transition from temporary to permanent residence in Canada?
Which class enables foreign nationals to transition from temporary to permanent residence in Canada?
What type of visa was the applicant seeking in the case of Khatoon v Canada?
What type of visa was the applicant seeking in the case of Khatoon v Canada?
What legal option do foreign nationals have if their application for a temporary resident visa is refused?
What legal option do foreign nationals have if their application for a temporary resident visa is refused?
What aspect of a visa application often challenges successful judicial reviews?
What aspect of a visa application often challenges successful judicial reviews?
Under which provision of Canadian law was dual intent recognized?
Under which provision of Canadian law was dual intent recognized?
What is not a factor considered by visa officers in determining the intent of an applicant to return to their home country?
What is not a factor considered by visa officers in determining the intent of an applicant to return to their home country?
What must be demonstrated for a temporary resident visa under Regulation 179?
What must be demonstrated for a temporary resident visa under Regulation 179?
What is a misleading assumption about the visa application process?
What is a misleading assumption about the visa application process?
What must visa officers consider when assessing a temporary resident application?
What must visa officers consider when assessing a temporary resident application?
What is one of the stated objectives of the Act?
What is one of the stated objectives of the Act?
Which case emphasizes the importance of family reunification under the previous Act?
Which case emphasizes the importance of family reunification under the previous Act?
What was the policy decision made by the Minister of Citizenship and Immigration in April 2005?
What was the policy decision made by the Minister of Citizenship and Immigration in April 2005?
What was a concern for the visa officer regarding the applicant’s personal situation?
What was a concern for the visa officer regarding the applicant’s personal situation?
On what basis did the visa officer conclude that a trip from Pakistan to Saudi Arabia was not major international travel?
On what basis did the visa officer conclude that a trip from Pakistan to Saudi Arabia was not major international travel?
Which document was NOT used by the visa officer as evidence in determining support for an intended visit?
Which document was NOT used by the visa officer as evidence in determining support for an intended visit?
According to the case details, what was deemed unreasonable about the visa officer’s decision?
According to the case details, what was deemed unreasonable about the visa officer’s decision?
Which cultural practice mentioned influenced the visa officer’s decision?
Which cultural practice mentioned influenced the visa officer’s decision?
What aspect of the OP 11 manual was discussed in the judgement related to assessing financial stability?
What aspect of the OP 11 manual was discussed in the judgement related to assessing financial stability?
Why was the judicial review application against the visa officer's decision granted?
Why was the judicial review application against the visa officer's decision granted?
What was the judicial outcome after the review of the visa officer's decision?
What was the judicial outcome after the review of the visa officer's decision?
What influenced the court's decision regarding the officer’s cultural assumption?
What influenced the court's decision regarding the officer’s cultural assumption?
Which of the following did the visa officer express doubt about concerning the applicant?
Which of the following did the visa officer express doubt about concerning the applicant?
What did the visa officer discount in his decision that was later deemed unreasonable?
What did the visa officer discount in his decision that was later deemed unreasonable?
Which section of the Overseas Processing Manual is mentioned as addressing evidence of financial support?
Which section of the Overseas Processing Manual is mentioned as addressing evidence of financial support?
Flashcards
Two-Step Process for Immigration
Two-Step Process for Immigration
Foreign nationals first apply for a visa from abroad, then apply for admission to Canada at a port of entry.
What is a visa?
What is a visa?
A visa is required for foreign nationals before entering Canada. It verifies they meet the requirements and are not inadmissible.
Requirements for Permanent Residence
Requirements for Permanent Residence
A foreign national seeking permanent residence needs a visa and must intend to stay permanently in Canada.
Requirements for Temporary Residence
Requirements for Temporary Residence
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How is permanent residency granted?
How is permanent residency granted?
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How is temporary residency granted?
How is temporary residency granted?
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Exceptions to Immigration
Exceptions to Immigration
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Foreign nationals must...
Foreign nationals must...
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Visa: What is it?
Visa: What is it?
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Permanent Residency Requirements
Permanent Residency Requirements
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Temporary Residency Requirements
Temporary Residency Requirements
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How Permanent Residency is Granted
How Permanent Residency is Granted
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How Temporary Residency is Granted
How Temporary Residency is Granted
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Visa Officer Assessment: Return Intent
Visa Officer Assessment: Return Intent
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Visa Officer Questions: Assessing Return Intent
Visa Officer Questions: Assessing Return Intent
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Dual Intent: Temporary Residence
Dual Intent: Temporary Residence
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Acceptance of Dual Intent
Acceptance of Dual Intent
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Re-Applying for Temporary Visas
Re-Applying for Temporary Visas
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Challenging a Visa Refusal
Challenging a Visa Refusal
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What is a temporary resident visa?
What is a temporary resident visa?
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What do foreign nationals need to visit Canada temporarily?
What do foreign nationals need to visit Canada temporarily?
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Does a visa guarantee entry to Canada?
Does a visa guarantee entry to Canada?
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Can the Minister stop someone with a visa from entering Canada?
Can the Minister stop someone with a visa from entering Canada?
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What are some reasons the Minister could deny entry to someone with a visa?
What are some reasons the Minister could deny entry to someone with a visa?
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Why is the Minister's power to deny entry controversial?
Why is the Minister's power to deny entry controversial?
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What is the Minister's discretionary power under Section 22.1 of the IRPA?
What is the Minister's discretionary power under Section 22.1 of the IRPA?
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What do foreign nationals need to live permanently in Canada?
What do foreign nationals need to live permanently in Canada?
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Is a visa required to live permanently in Canada?
Is a visa required to live permanently in Canada?
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What needs to be proven for a permanent resident visa?
What needs to be proven for a permanent resident visa?
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What is the Express Entry system?
What is the Express Entry system?
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What happens when applying for permanent residency within Canada?
What happens when applying for permanent residency within Canada?
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How does a foreign national become a permanent resident?
How does a foreign national become a permanent resident?
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What is the requirement for permanent residency applicants from Quebec?
What is the requirement for permanent residency applicants from Quebec?
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Written Application Requirement
Written Application Requirement
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Medical Examination for Permanent Residence
Medical Examination for Permanent Residence
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DNA Testing for Permanent Residence
DNA Testing for Permanent Residence
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Police Certificate for Permanent Residence
Police Certificate for Permanent Residence
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Visa Officer's Assessment for Permanent Residence
Visa Officer's Assessment for Permanent Residence
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Issuing a Visa for Permanent Residence
Issuing a Visa for Permanent Residence
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Temporary Resident Visa (TRV)
Temporary Resident Visa (TRV)
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Categories for Temporary Residence
Categories for Temporary Residence
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Types of Temporary Resident Visas
Types of Temporary Resident Visas
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Single-Entry vs. Multiple-Entry TRV
Single-Entry vs. Multiple-Entry TRV
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Transit Visa for Temporary Residents
Transit Visa for Temporary Residents
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Super Visa for Parents and Grandparents
Super Visa for Parents and Grandparents
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Health Insurance Requirement for Super Visa
Health Insurance Requirement for Super Visa
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Submitting a TRV Application
Submitting a TRV Application
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TRV Issuance Requirements
TRV Issuance Requirements
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IRPA's Family Reunification Objective
IRPA's Family Reunification Objective
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Flexible TRV Issuance for Parents/Grandparents
Flexible TRV Issuance for Parents/Grandparents
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Judicial Review of Visa Officer's Decision
Judicial Review of Visa Officer's Decision
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Assumption of Applicant's Behavior
Assumption of Applicant's Behavior
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Generalizations in Decision-Making
Generalizations in Decision-Making
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International Travel Definition
International Travel Definition
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Supporting Documents for TRV Applications
Supporting Documents for TRV Applications
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Financial Evidence Requirements
Financial Evidence Requirements
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Court's Power to Quash Decisions
Court's Power to Quash Decisions
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IRPA: The Main Immigration Law
IRPA: The Main Immigration Law
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IRPA's Focus on Family Reunification
IRPA's Focus on Family Reunification
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Visa Officer Discretion in Issuing TRVs
Visa Officer Discretion in Issuing TRVs
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Ministerial Guidelines for Visa Officers
Ministerial Guidelines for Visa Officers
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IRPA: Balancing Humanitarianism and Security
IRPA: Balancing Humanitarianism and Security
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Reviewing Decisions for Fairness and Reasonableness
Reviewing Decisions for Fairness and Reasonableness
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Study Notes
Two-Step Process for Foreign Nationals Entering Canada
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Foreign nationals generally obtain entry and status in Canada through a two-step process:
- First, applying for a visa from abroad (alone or with family). Family members include spouse/common-law partner, dependent child/grandchild.
- Second, applying for admission to Canada at a port of entry, possessing the visa.
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IRPA (Immigration and Refugee Protection Act) and IRPR (Immigration and Refugee Protection Regulations) govern this process.
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Section 11 IRPA: Foreign nationals must apply for a visa/required document before entering Canada. Visa issuance depends on an officer's satisfaction that the applicant is not inadmissible and meets the act's requirements.
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Section 20 IRPA: Foreign nationals seeking entry/stay must prove eligibility based on desired status (permanent/temporary):
- Permanent: Holder of the required visa/document, intending to establish permanent residence.
- Temporary: Holder of the required visa/document, intending to leave by the end of the authorized stay.
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Section 21/22 IRPA: Defines permanent/temporary resident criteria for officer satisfaction - criteria include application for status, meeting obligations in 20(1)a/b, and not being inadmissible.
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Section 22.1 IRPA (2013): Grants the Minister discretionary power to deny temporary resident admission based on public policy concerns (terrorism/violence/criminal activity, official/associate/relative of sanctioned country, potential public health risk).
Visas
- Visas (permanent/temporary resident) are official documents placed in a passport, proving the required admission requirements are met.Â
- Visa issuance signifies officer satisfaction with applicant's ability to meet residency requirements (based on specific program/class applied for).
- Visa application is online or via IRCC provided address.
- May involve requested documents, interviews (with counsel in specific circumstances), medical examinations, biometrics (fingerprints) and background checks.
- Visas have expiration dates that do not correspond with the end of the applicant's status once in Canada.
- Status is determined upon arrival in Canada and examination by an officer. Further proof of intentions is required depending on the visa (permanent or temporary).
Permanent Resident Visas
- IRPA requires a permanent resident visa before entering Canada for permanent stay.
- Application processes vary considerably, depending on programs (e.g., Spouse/Common-Law Partner in Canada Class, Canadian Experience Class), and methods (e.g., Express Entry system).
- Express Entry system involves online "expression of interest," followed by formal application (after invitation).
- For applications from abroad (not Express Entry), officers must be satisfied with the applicant's requirements meeting the regulations, intending to establish permanent residence and eligibility criteria of their class/program, as well as the inadmissibility of the applicant and accompanying family members.
Temporary Resident Visas (TRVs) and eTAs
- Foreign nationals need a temporary resident visa to enter Canada temporarily.
- Categories: visitors, workers, students (with study/work permits also usually needed depending on category). Humanitarian reasons permit temporary resident permit.
- Visa types: single-entry, multiple-entry, transit, "super visas." (Multiple entry visas are typically 10 years for most reasons nowadays, except 'super visa'. The 'super visa' is a 2-year temporary visa that is renewable for up to 10 years, available to parents/grandparents of Canadian citizens/permanent residents.
- Applications can be online or via a specific mailing address. Applications are checked by private companies for completeness before IRCC handles them.
- Eligibility criteria: application status, intended departure by the end of authorized period, valid passport, meeting visitor/worker/student requirements, and inadmissibility status.
Issues/Decisions and Rights Regarding Visas
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Applicant bears the onus of proving eligibility criteria are met for a visa.
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Visa officers act in good faith, but don't have an obligation to inquire beyond ambiguities in applications. Applicants are responsible to include the proper documentation.
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Concerns include the intent to leave Canada upon authorization expiry, instead of remaining illegally or seeking refuge. Evidence of strong ties to applicant's home country is necessary.
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Questions regarding length of stay, Canadian family connections, employment details, travel history, are necessary to determine application suitability
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Applicants have minimal procedural protections regarding application refusal
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Applicants may pursue judicial review (with leave) of a visa denial at the Federal Court. Difficult to do while abroad, as courts give considerable deference to officer decisions and the court believes foreign nationals have a weak procedural fairness claim.
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While there's no requirement to inform applicants about specific concerns or interview applicants, officers must acknowledge credibility issues.
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Description
This quiz covers the two-step process for foreign nationals entering Canada, including visa application and admission requirements. It also discusses the relevant sections of the Immigration and Refugee Protection Act (IRPA). Test your knowledge on the legal framework and eligibility criteria for entering Canada.