immigration lawyer burlington

Temporary Resident Visa (Visitor, eTA, Super Visa)

If you are a foreign national and don’t hold Canadian citizenship, you will need permission to enter Canada as a visitor. In order to do so, you will need to obtain either a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA). It’s important to note that this requirement does not apply to US Citizens, who can visit Canada without a visa or an eTA.

The following individual’s need either a TRV or an eTA:

You don’t need TRV and eTA, but one of them

If you’re a citizen of a visa-exempt country, you need to apply for an electronic Travel Authorization (eTA) before traveling to Canada by air.
Citizens of the United States don’t need a TRV or eTA to enter Canada, but Green Card holders in the US require an eTA.
If you’re not a citizen of a visa-exempt country, you need a TRV to enter Canada.

What is an eTA (electronic Travel Authorization)?

An eTA (electronic Travel Authorization) is a mandatory entry requirement for travellers with passports from visa-exempt countries who enter Canada by air. It is electronically linked to your passport and is valid for five years or until your passport expires, whichever comes first. This requirement was introduced on March 15, 2016, and ensures a secure and efficient travel experience for visitors to Canada.

What is a TRV and how to apply for one?

The TRV, or Temporary Resident Visa, is a document required for visitors from certain countries to enter Canada. This document is issued by a Canadian Immigration Visa Office outside of Canada and indicates that the holder has met the requirements for admission as a visitor. TRVs may be for single or multiple entries and the duration of stay is determined on a case-by-case basis. It’s important to note that possession of a valid TRV does not guarantee admission to Canada, as visitors must demonstrate that their purpose of visit is temporary and they intend to leave Canada at the end of their authorized stay.

Common Reasons for TRV Visa Refusals

If your TRV visa has been refused, it can be a frustrating and disappointing experience. Some common reasons for TRV visa refusals include:

If your TRV visa is refused, you may have the option to appeal the decision or reapply. It is important to carefully review the reasons for refusal and take steps to address them before reapplying. You may also wish to seek the assistance of an immigration lawyer or consultant to help guide you through the process.

Major Reasons Why TRV’s Get Rejected

eTA (electronic Travel Authorization) visa: Visa-exempt countries:

Individuals from countries that do not require a visa are often refused on the basis of inadmissibility:

A Temporary Resident Visa (TRV) is a travel authorization required by individuals from visa-required countries to enter Canada. The Canadian government has created a non-visa exempt list to ensure proper screening of individuals before granting entry to Canada.
The TRV visa application process can be a lengthy one, requiring detailed personal and family information, along with supporting documents to strengthen the application. Unlike US visas, there is no interview process, and the decision is made solely based on the information provided in the application. Hence, it is essential to prepare a strong application to avoid refusal by immigration officers.
However, many individuals may not understand the process, resulting in a high rate of refusal when they apply on their own. In cases of multiple refusals, it is crucial to extensively address all previous refusal reasons, as officers may refuse the application again if they feel the concerns have not been adequately addressed.

Business Visitor Category:

Various Permissible Activities for Business Visitors in Canada

The Business Visitor category is designed for individuals who plan to engage in business activities in Canada but will not be entering the Canadian labour market.
This category allows business visitors to enter Canada for a temporary period to conduct business, such as attending meetings, conferences, or trade shows.
It’s important to note that individuals who fall under this category may still require a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA) to enter Canada, depending on their country of citizenship.

To qualify as a business visitor in Canada, individuals must meet the following general criteria.

Business visitors to Canada should be prepared to provide documentation to immigration officials that supports their intended status in the country. This may include a letter of support from their parent company or a letter of invitation from a Canadian company to increase the chances of being accepted as a business visitor.

Categories of Business Visitors

Services after Sales

Individuals who are involved in providing after-sales services for commercial or industrial equipment may be eligible to enter Canada as business visitors. This includes activities such as repair, servicing, supervising installers, and setting up and testing equipment as per the contract of sale. Additionally, individuals who are coming to Canada to train prospective users or maintenance staff in the operation of specialized equipment may also fall under this category. It is important to note that these activities should not involve hands-on work in the construction trades. Business visitors falling under this category should ensure they have the necessary documentation, such as a letter of support from their employer and a detailed contract of sale, to present to immigration officials upon arrival in Canada.

Board of Directors Meetings

Business visitors who are members of a board of directors may enter Canada to attend a meeting, even if they receive remuneration for their time. This activity does not fall under the Canadian labour market category.

Employees of Short-Term Temporary Residents

Business visitors who are employed by temporary residents in Canada on a full-time basis in a personal capacity, such as domestic servants, personal assistants, or live-in caregivers, may also be eligible to enter Canada under this category. It’s important to note that if the temporary resident and their employee(s) stay for more than 6 months, they may need to secure a Labour Market Opinion and Work Permit. However, for short-term stays, such as attending to their employer’s needs during a visit, a Business Visitor visa may suffice.

Foreign Company Employees

Foreign companies may contract Canadian companies to provide services within Canada. In such cases, the foreign company may send one or more of its employees to Canada to ensure that the work is being carried out to their satisfaction. This may involve supervising the work, providing training or technical assistance, or overseeing the quality control of the services provided by the Canadian company.
Sending employees to Canada for supervisory purposes? Here’s what you need to know about qualifying for the Business Visitor category:

A business visitor in this category may remain in Canada for up to two years

Foreign Company Employees

The Super Visa program is a great option to bring Parents and Grandparents to Canada on a long-term basis. It offers a multiple-entry visa that can last up to 10 years, with the requirement of renewal after every 2 years.
This program is especially useful for Canadian Citizens and Permanent Residents who cannot sponsor their parents for Permanent Residency or are waiting for the process to complete. Additionally, the financial requirements for the Super Visa are less stringent than those for Permanent Residency sponsorship, with a lower minimum necessary income (MNI) and only 1 year of gross income exceeding the MNI compared to 3 years for PR Sponsorship.

To be eligible for a Super Visa:

Depending on the sponsored person’s citizenship, a Temporary Resident Visa (TRV) may be necessary for individuals from non-visa exempt countries. If a TRV is required, it’s important to note that there is a rigorous screening process and a high rate of refusal when individuals apply on their own. To determine whether a TRV is necessary, please refer to the list of countries that require a TRV. It’s also important to review the common reasons for refusal of a TRV visa.