The main purpose of a Canadian Visitor Visa is for short and temporary stays in Canada. Some countries have an existing agreement with Canada and are therefore exempt from this requirement. The main reason people contact us about visitor visas is because they have been previously refused.
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I’ve been refused a visitors visa:
Being refused a tourist visa, or any other temporary visa to Canada, doesn’t mean you aren’t eligible for Canadian Permanent Residence.
This sounds a bit strange and I’m sure being denied a temporary visa to Canada might seem like Canada doesn’t want you, but we are here to tell you it’s not true!
When you apply for a temporary visa to Canada, like a tourist visa, it is temporary by nature. You must satisfy the immigration authorities that you will LEAVE Canada when your permit expires. When you apply for Canadian Permanent Residence, it is the opposite of a temporary visa. It is permanent by nature and you must satisfy the immigration authorities that you will STAY in Canada.
You can be refused a temporary visa to Canada for a variety of reasons some being:
- Medical or criminal inadmissibility
- You have previously overstayed a temporary visa in Canada or another country
- Insufficient ties to your country of citizenship/residence
- Lack of travel history
- Incorrectly filled out paperwork.
So why not give Canada another chance and complete our free online assessment and discover your Canadian Immigration options.
If you already have an application for Canadian Permanent Residence in process and you wish to visit Canada on a visitors visa, you might run into some problems and here is why:
The requirements of granting a Canadian Permanent Residence (PR) visa are in many ways the complete opposite of a temporary visa. While the temporary visa requires you leave at the end of your allotted time in Canada, a major requirement of a permanent residence visa is that your overall intention is to live permanently in Canada.
Therefore, if you have an application in process for Canadian PR but you would also like to come to Canada temporarily, it would appear that you would have two different and contradictory intentions. One intention to stay permanently and one to stay only temporarily.
Having two different intentions when it comes to your Canadian Immigration plans can be fine, provided your intention is to meet the requirements of the temporary visa. We will outline two scenarios below, one that meets the requirements and one that does not.
Applicant has dual intent:
For some types of Canadian PR applications, the processing times can be in excess of 12 months. It stands to reason that someone who submitted an application for Canadian PR and has 12 months of processing ahead of them might want to visit their potential future country. If only to search for employment prospects or to find locations in Canada they would be interested in living in. This is perfectly acceptable as long as your intention is to leave Canada at the end of your temporary status and return when your PR application is successfully approved.
Applicant does not have dual intent:
On the other hand, if you have received an indication that your application for Canadian PR is moving forward but not yet successfully approved (for example you have received your CSQ or a nomination certificate for a provincial nominee program) and you want to come to Canada to set up your life and wait for the application to finish from within Canada, this would be a problem. The reason why is because you only have one intention, which is to stay here permanently.
If the visa officer felt that your sole intention was to remain in Canada on your temporary resident visa until your application for PR is approved, then they would be within their rights to refuse your temporary status. The reason: you are not respecting the conditions of a temporary visa to Canada. But please remember, being refused a temporary visa does not mean you will be refused your PR visa.
It’s important to note that all visa applications, both permanent and temporary are evaluated in a fair and democratic manner. Special considerations are made for certain types of temporary permits like a bridging open work permit which are supposed to allow for continuous status in Canada while you transition from temporary to permanent status here.
The Canadim Law Firm and Canadim Team would love to help get you to Canada permanently or temporarily. If you want to find out your Canadian Immigration options then we invite you to complete our free online assessment on our website or if you have specific inquiry you can always email us directly at firstname.lastname@example.org
The Canadim Team!