Do I need a Visa to visit Canada?

This depends on what country’s passport you are traveling on! Citizens of certain countries need visitor visas to travel to Canada. Find out easily if you need a visa here. Most visitor visas allow multiple entries and are valid for up to 5 years, unless your passport expires earlier.

If you are visa-exempt, you will very likely still need an Electronic Travel Authorization (eTA) to enter Canada, unless you are a US citizen or you are entering Canada by land from the US. An eTA is valid for 5 years from the date of issue.

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How long will I be able to visit for?

How long you get to stay in Canada as a visitor is determined by the port-of-entry officer. An officer may allow you to remain in Canada for up to 6 months. Sometimes, the officer will stamp your passport with the date of entry and indicate in writing below the stamp the date by which you must leave Canada. You must leave Canada before that date or apply to extend your stay. If no date is written in the passport, you can assume you have been granted the full 6 months. In some instances, the officer may issue a Visitor Record, which contains the date of your entry and duration of stay.

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Tips for making successful visa applications and avoiding refusals

A refusal of your application is the last thing you want on your mind. So it is very important to know what reasons officers often cite for refusing applications. This information is useful to filing as comprehensive an application as possible from the outset. We often help clients dealing with refusals, usually with a Federal Court Judicial Review, but here are some common factors that officers evaluate in all visitor applications:

• Purpose & length of your visit;

• History of prior travel outside your home country;

• Establishment in home country including employment, property and family;

• Your financial ability to afford to visit Canada;

• Family ties in Canada vs. your home country;

• Misrepresentation - if you are untruthful about anything in your application, even if you omitted something innocently, you could be barred from Canada for 5 years on grounds of misrepresentation; and

• History of your visa applications (and refusals) to Canada and elsewhere.

These are some of the common factors that officers assess. Canada Immigration has access to any prior applications you have made to Canada, and sometimes to other countries with who we share information. So, it is very important to be consistent in the details of your application.

Application checklists provided by IRCC tell you the basics of what you must provide but they do not alert you to these factors that officers often assess. You will not be asked for additional information or evidence if your application is deficient. Rather, a deficient application will lead to a refusal.

If you are facing repeated refusals, and have done everything possible to satisfy an officer of your genuine intent to visit Canada, you might wonder what to do next. Before reapplying again, it is worthwhile to request copies of the officer’s notes on all prior refusals to understand exactly what went wrong. This is called an Access to Information Request (“ATIP”). Those notes may give you some ideas about why the officer keeps refusing your application. In cases where a new application will simply not change an officer’s mind, asking the Federal Court to intervene may be the only option.

We can help you with all aspects with your visitor visa application, including dealing with any refusals you may have received.

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What if I want to stay longer (extending your stay)?

If you are approaching the end of the time you were granted on entry, you can apply for an extension of your visitor status from within Canada. Canada Immigration (IRCC) recommends that you file that extension application 30 days prior to the expiry of your current status. However, this is not required by law. As long as you file your extension application before the expiry date (even if it is the day prior), you will benefit from “implied status”, which means you continue to be considered to be a legal visitor to Canada until your application is dealt with.  All visitor extension applications must now be made online with the proper fees paid. In addition to the forms and documents found on the generic checklist, you must provide additional evidence to convince the officer to grant your extension. Support documents should address the following issues:

1. Why you wish to extend your stay, considering what your initial purpose of travel was

2. Proof that you have enough money to support yourself for the additional time you are seeking to remain in Canada (whether on your own or with someone else’s support)

3. Proof that you remain a genuine temporary resident who will return to your country at the end of your extended visit

The most important consideration for an officer considering your request for an extension is whether your intention to remain in Canada is truly temporary. If it seems like your true intention is to remain permanently, then the application will very likely be refused, despite the existence of “dual intent”. As such, it is very important that your application not contain any conflicting information about your intent.

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What if I missed my deadline for extending my visitors status?

You should seek legal advice as soon as you realize you have fallen out of status - which happens if you do not extend your status before the expiry date. It may be possible to restore your status if you apply to do so within 90 days of your original expiry date. You are not considered to be in legal status while your restoration application is in process.

A restoration application should include a clear explanation of why the extension was not filed in time, and include any documentation to support the stated reasons.  It is very important to provide a credible explanation to support the application.  The correct restoration fees must also be paid.

If your request is compelling, the restoration application will be approved, at which point you will again have legal visitor status in Canada.

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