Temporary residence in Canada

In this article, we’re going to talk about some important rules regarding the Temporary Resident Visa (TRV) or temporary residency in Canada. Visitors, or tourists, come under this category with a Canadian tourist visa, while students with a study permit and workers intending to immigrate to Canada use a work visa.

If the officer is convinced that the applicant poses no security issues and their intention to stay in Canada is temporary, they will issue a Canadian temporary resident visa. In this category of visa, the applicant should not intend to become a permanent resident of Canada. If the officer concludes that the applicant for the Canadian visa intends to stay in Canada and does not plan to leave at the end of their visa period, the visa will not be granted. Legally, there is no issue if the applicant for a Canadian temporary visa also applies for a long-term residency visa, as long as they can convince the officer that they intend to leave Canada at the end of their temporary residency. For instance, if you are applying for both a student visa and permanent residency simultaneously, this is legally acceptable provided that you can convince the officer regarding your intention to leave Canada at the end of the student visa. Your permanent residency application will be considered separately, and if the officer believes that you plan to remain in Canada after your studies (at the time of issuing the student visa), they will not issue the visa.

Intent to obtain Canadian residency after a short-term visa (work or study)

This is a question that almost all our clients ask. If Canada insists that the applicant for a temporary resident visa must leave Canada at the end of their visa, then why are there immigration pathways available for these individuals to apply for permanent residency after their temporary stay? For example, all students can apply for permanent residency in Canada through the Canadian experience class or various provincial pathways after completing their studies. Doesn’t this behavior from the immigration office seem contradictory?

The explanation regarding this issue is as follows:

Based on Law No. 179 in the immigration laws and regulations concerning Canada, when an applicant applies for a short-term visa, the case officer expects them to return to their home country after studying or working in Canada. However, is the applicant obligated to leave Canada after completing their studies or work and never apply for permanent residency? No. In fact, while the officer expects the applicant to leave Canada after their temporary stay, the Immigration Department of Canada has anticipated that those who are temporarily in Canada may apply for permanent residency if they wish. The main issue is the applicant’s intention at the time of applying for a temporary residence visa. The applicant’s intent when applying for a short-term visa (whether for study, work, etc.) shouldn’t be to stay in Canada or obtain permanent residency, but naturally, after arriving in Canada, the applicant can plan to stay and choose to make Canada their home.

Important Note: If you hold a Temporary Resident Visa (TRV) for Canada and have simultaneously applied for permanent residency, you must be outside Canada at the time of the issuance of your permanent residency; otherwise, your application will be rejected by the case officer. Your spouse is exempt from this rule.

Factors that influence the officer’s decision on issuing temporary visas include:

Does the applicant intend and have the ability to leave Canada after their visa expires?

What is the applicant’s purpose for coming to Canada? Do they have a specific and detailed plan?

The applicant’s ties to their home country

How long is the applicant requesting the visa for? Is this duration reasonable?

What are the conditions of the individual or company inviting the applicant?

The applicant’s previous visa and travel history

The applicant’s financial situation, assets, and net worth

Has the applicant committed any crimes?

Does the applicant have any costly medical conditions?

Temporary resident visas of the applicant's parents and grandparents

If the parents and grandparents do not plan to stay permanently in Canada, and the officer is convinced that they intend to leave Canada at the end of their visa period, they can apply for a temporary resident visa. This visa includes Canada’s tourist visa, super visa, and short-term visas. The applicant’s parents can simultaneously have a permanent residency application in process. However, as mentioned earlier, the officer must be convinced that they will leave Canada at the end of their short-term visa (regardless of the permanent residency application). It is important to note that there is no immigration law regarding parents that allows them to change their immigration status while in Canada. This means that if the parents and grandparents want to change their immigration status within Canada, they must leave Canada.

Places to apply for a Canada temporary resident visa

An applicant for a Canada temporary resident visa can submit their application in one of two locations:

1- The applicant’s birthplace

2- A country where the applicant has legal permission to live.

Canada multiple-entry visa and single-entry visa

The Canada multiple-entry visa (5-year tourist visa) is a visa for multiple entries that is typically valid for five years or, if the passport is valid for less than five years, valid until one month before the passport expiration date. The single-entry visa only allows one-time entry for a limited duration. However, most visa officers issue the visa for six months even on the first application. In the case of single-entry visas, if the applicant travels from Canada to the U.S., as long as the initial visa is valid, they will not need to apply for another visa.

Generally, officers issue this option based on the applicant’s request. The applicant is required to pay the corresponding application fee. If the applicant requests a multiple-entry visa and the officer is not convinced to issue it, based on immigration department recommendations, the officer will likely reject the application and will not issue a single-entry visa.

Extending temporary residence in Canada

If the applicant intends to extend their temporary stay in Canada, they must submit their application to the immigration office one month before their visa expires.

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