Visiting Canada

Visiting Canada

Visiting Canada

Temporary Resident Visas (Visitor Visas) and eTA (Electronic Travel Authorization) for Canada

Canada welcomes more than 35 million temporary residents (non-immigrants) each year. Except for Canadian citizens and permanent residents, all other individuals require permission to enter Canada as a visitor and require either a Temporary Resident Visa (TRV) or an eTA (electronic Travel Authorization), unless they are US Citizens.

The following foreigners need either a TRV or an eTA:

Tourists

Temporary foreign workers (individuals with work permits)

International students (individuals on study permits)

Business Visitors

​TRV or an eTA?  You only need one of them, not both.

Citizens of visa-exempt countries intending to travel to Canada by air are expected to have applied for an obtained an electronic Travel Authorization (eTA) before their departure to Canada.

Exception: Citizens of the United States do not require a TRV or an eTA, but Green Card holders in the United States, require an eTA to come to Canada, regardless of their nationality.

If you are NOT a citizen from a visa-exempt country, you WILL need a TRV to enter Canada.

To find out if you need a TRV or eTA before departure to Canada, click here.

What is a eTA (electronic Travel Authorization)?

​As of March 15, 2016, travellers with passports from countries that are visa-exempt who enter Canada by air will need an eTA.

​The authorization is electronically linked to your passport and is valid for five years or until your passport expires, whichever comes first.

​What is a TRV and how to apply for one?

​* If you require a TRV, please make sure you read the reasons for refusal.

​The TRV is a document issued by a Canadian Immigration Visa Office outside Canada, showing that the holder has satisfied the requirements for admission to Canada as a visitor. TRVs may be for single entry or multiple entry. As a general rule, tourists are admitted for a period of six months. Temporary foreign workers and international students are admitted for varying periods of time, as determined on a case-by-case basis. Extensions may be applied for from within Canada.

​It is important to note that possession of a valid TRV does not necessarily mean that the Officer at the Canadian Port of Entry will admit the visitor into Canada. At the Port of Entry, all visitors must demonstrate that the purpose of their visit to Canada is of a temporary nature. Officers at the Port of Entry will deny admission to all persons who, in their opinion, do not intend to leave Canada at the expiry of their visitor status.

​Items to note:

​Certain applicants may need to undergo a medical examination. This pertains to some individuals who intend to remain in Canada and have recently visited certain countries, as well as persons who intend to work in certain occupations in Canada.

  • Criminality and medical issues may prevent a visitor from entering Canada.

  • Visitors to Canada must be able to prove their ability to support themselves during their intended temporary stay in Canada.

  • Citizens of certain countries may need to provide biometric information. To learn which countries this applies to, click here.

Country Checklist

Country Checklist: Visa-required (TRV) or Visa-exempt (eTA)

TRVs are required for citizens of Visa-required countries. The chart below outlines which citizens require a TRV and which citizens need an eTA in order to travel to Canada.

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Country TRV Required? eTA Required?
Afghanistan YES NO
Albania YES NO
Algeria YES NO
Andorra NO YES
Angola YES NO
Anguilla NO YES
Antigua & Barbuda YES NO
Argentina YES NO
Armenia YES NO
Australia NO YES
Austria NO YES
Azerbaijan YES NO
Bahamas NO YES
Bahrain YES NO
Bangladesh YES NO
Barbados NO YES
Belarus YES NO
Belgium NO YES
Belize YES NO
Benin YES NO
Bermuda NO YES
Bhutan YES NO
Bolivia YES NO
Bosnia-Herzegovina YES NO
Botswana YES NO
Brazil: *currently have a US visa (eTA), or held a Canadian visa within last 10 years (eTA) *YES *NO
Brunei NO NO
Bulgaria NO YES
Burkina Faso YES NO
Burundi YES NO
Cambodia YES NO
Cameroon YES NO
Cape Verde YES NO
Central African Republic YES NO
Chad YES NO
Chile NO YES
China YES NO
China (Hong Kong SAR) NO YES
Colombia YES NO
Comoros YES NO
Congo, Democratic Republic YES NO
Congo, Republic of YES NO
Costa Rica YES NO
Croatia NO YES
Cuba YES NO
Cyprus NO YES
Czech Republic NO YES
Denmark NO YES
Djibouti YES NO
Dominica YES NO
Dominican Republic YES NO
Ecuador YES NO
Egypt YES NO
El Salvador YES NO
Equatorial Guinea YES NO
Eritrea YES NO
Estonia NO YES
Ethiopia YES NO
Fiji YES NO
Finland NO YES
France NO YES
Gabon YES NO
Gambia YES NO
Georgia YES NO
Germany NO YES
Ghana YES NO
Greece NO YES
Grenada YES NO
Guatemala YES NO
Guinea YES NO
Guyana YES NO
Haiti YES NO
Honduras YES NO
Hungary NO YES
Iceland NO YES
India YES NO
Indonesia YES NO
Iran YES NO
Iraq YES NO
Ireland NO YES
Israel (passport holders) NO YES
Israel (holders of travel document in lieu of passport) YES NO
Italy NO YES
Ivory Coast YES NO
Jamaica YES NO
Japan NO YES
Jordan YES NO
Kazakhstan YES NO
Kenya YES NO
Kiribati YES NO
Korea, North YES NO
Korea, South NO YES
Kosovo YES NO
Kuwait YES NO
Kyrgyzstan YES NO
Laos YES NO
Latvia NO YES
Lebanon YES NO
Lesotho YES NO
Liberia YES NO
Libya YES NO
Liechtenstein NO YES
Lithuania NO YES
Luxembourg NO YES
Macao YES NO
Macedonia YES NO
Madagascar YES NO
Malawi YES NO
Malaysia YES NO
Maldives YES NO
Mali YES NO
Malta NO YES
Mauritania YES NO
Mauritius YES NO
Mexico NO YES
Moldova YES NO
Monaco NO YES
Mongolia YES NO
Montenegro YES NO
Morocco YES NO
Mozambique YES NO
Myanmar YES NO
Namibia YES NO
Nepal YES NO
Netherlands NO YES
New Zealand NO YES
Nicaragua YES NO
Niger YES NO
Nigeria YES NO
Norway NO YES
Oman YES NO
Pakistan YES NO
Palau YES NO
Panama YES NO
Paraguay YES NO
Peru YES NO
Philippines YES NO
Poland NO YES
Portugal NO YES
Qatar YES NO
Romania NO YES
Russia YES NO
Rwanda YES NO
San Marino NO YES
Sao Tome e Principe YES NO
Saudi Arabia YES NO
Senegal YES NO
Serbia YES NO
Seychelles YES NO
Sierra Leone YES NO
Singapore NO YES
Slovakia NO YES
Slovenia NO YES
Somalia YES NO
South Africa YES NO
Spain NO YES
Sri Lanka YES NO
St. Kitts & Nevis YES NO
Sudan YES NO
Surinam YES NO
Swaziland YES NO
Sweden NO YES
Switzerland NO YES
Syria YES NO
Taiwan NO YES
Tajikistan YES NO
Tanzania YES NO
Thailand YES NO
Togo YES NO
Tonga YES NO
Trinidad and Tobago YES NO
Tunisia YES NO
Turkey YES NO
Turkmenistan YES NO
Turks and Caicos NO YES
Tuvalu YES NO
Uganda YES NO
Ukraine YES NO
United Arab Emirates NO YES
United Kingdom NO YES
United States of America NO NO
Uruguay YES NO
Uzbekistan YES NO
Vanuatu YES NO
Venezuela YES NO
Vietnam YES NO
Yemen YES NO
Zambia YES NO
Zimbabwe YES NO

Visitor Visa Refused

Visitor Visa Refused: TRV or eTA denied

Visitor Visas do get refused.  What options do I have after being refused?  Read more here

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Why was my TRV Visa Refused?

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There are many reasons for refusal, depending on the type of visa: eTA or TRV.

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Visa-exempt countries only require an eTA (electronic travel authorization) which typically is easy to obtain and only takes 24 – 72 hours to process after applying online. Visa-required countries, however, require a TRV (Temporary Resident Visa) which is a much more thorough screening process and have a much higher rate of refusal- especially when individuals apply on their own. Typical processing times for TRV visas can be between 2 weeks to 4 months, depending on the visa office that is responsible for processing.

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Common Reasons for Refusal

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TRV Visa:  Visa-required countries

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A TRV visa is also a type of travel authorization, much like the eTA.  Individuals from Visa-requied countries require a TRV visa in their passport before they are allowed to board a plane at an airport.  The Canadian government has placed many countries on a non-visa exempt list to ensure individuals are screened properly before being permitted to travel to Canada.

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The TRV visa application process is a lengthy one.  The application asks for plenty of detailed personal and family information.   In addition, many documents must be provided to strengthen and support the application.  Unlike US visas that have an interview, Canada’s screening process is only done by a paper application with no interview.  It is extremely important to prepare a strong application as the visa officer will make a decision solely based on the information provided in the application; they will not request any additional information.

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Many individuals do not understand the process and there is a high rate of refusal when an individual applies on their own.  After receiving a refusal, the individual has been flagged and any subsequent application must be as strong as possible in order to have any chance of approval.

TRV visas are refused for many reasons.  They are refused for all the same refusal reasons of an eTA (read below), plus an additional 13 reasons which normally only apply to the screening process for TRV applications.

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Reasons for TRV refusal:

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  • Lack of Travel History: If a person has not traveled anywhere outside of their home country before, they will be refused a visa if they apply on their own.  Our firm can overcome this reason by making legal arguments and referencing a Federal Court Case in the application.

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  • Strong Family Ties to Canada: having family members in Canada can be a reason for refusal, and individual applying on their own can be refused.  Our firm can overcome this reason by making legal arguments and referencing a Federal Court Case in the application.

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  • Length of stay: Individuals who state on the application they wish to stay for a longer period, usually require significant financial funds.

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  • Real Purpose of Visit: there wasn’t a good enough explanation of the reason for travel to Canada.

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  • Lack of Employment Prospects in Home Country

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  • Current Employment Situation

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  • Personal Assets

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  • Host in Canada financial situation: lack of documentation

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  • Documents that do no appear authentic

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  • History of overstaying status on a previous visit to Canada

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  • Illegal Status in Country of Residence

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  • Other Reasons

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

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Individuals from Visa-exempt countries are usually refused on grounds of inadmissibility:

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  • Criminality (having previously been charged with a crime)

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  • Misrepresentation (having misrepresented information to Canada immigration previously and received a ban)

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  • Previous Deportation: for overstaying visit illegally

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  • Medical Inadmissibility: have a contagious disease that is a threat to Canadians

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  • Human Rights Violations:  previously served in the military for a country that has been deemed to have participated in war crimes.  Additional documents must be provided to overcome this inadmissibility.

Super Visa

Super Visa for Parents and Grandparents

A great way to bring Parents and Grandparents to Canada is through the Super Visa program. This program allows family members to come to Canada as long-term visitors on a multiple entry visa that may last up to 10 years.  A Super Visa is valid for 2 years before it has to be renewed.

​This is an ideal option for Canadian Citizens and Canadian Permanent Residents who are waiting to sponsor their parents for PR, or who currently do not qualify for Parental PR sponsorship.

The financial requirement for a Super Visa is less strict than PR sponsorship-  the minimum necessary income (MNI) is 30% lower than that of PR sponsorship, and only 1 year of gross income must exceed the MNI vs 3 years with PR Sponsorship.

To be eligible for a Super Visa:

The sponsor must meet the minimum necessary income (for Super Visa) requirement, and provide the most recent Canadian tax return (Notice of assessment) where line 150 meets or exceeds this amount.

  • Purchase Canadian healthcare insurance of $100,000 coverage for at least 1 year- check the cost for insurance here. (approximately $2,000 – $3,000 CAD per year).

  • Complete a medical examination

  • A written commitment of financial support from the Sponsor (child or grandchild) must be provided

​Depending on the citizenship of the sponsored person, a TRV (Temporary Resident Visa)may also be required for non visa-emempt countries.  If a TRV is required, please be advised that there is a rigorous screening process and there is a high rate of refusal when individuals apply on their own.  To find out if a TRV is required, refer to the list of TRV required countries.  In addition, refer to the common reasons for refusal of a TRV visa.

​Minimum Necessary Income to sponsor for Super Visa in 2019:

Family Members MNI 2019
2 persons $31,061
3 persons $38,185
4 persons $46,362
5 persons $52,583
6 persons $59,304
7 persons $66,027
Each additional person $6,723

Inadmissible to Canada

Inadmissible to Canada

There are two types of Inadmissibility:

​Denying an individual entry to Canada (and refusing a visa) for Criminal, Medical, Misrepresentation or Security Risk reasons

​Preventing an individual from obtaining (or maintaining) their Permanent Residence status due to Criminal, Medical, Misrepresentation or not maintaining their Residency Obligation.

​​Individuals can be found to be inadmissible on the following grounds:

​Criminal Inadmissibility

Medical Inadmissibility

Misrepresentation

Organized Crime (or ties to it)

Security Risk

Committed human or international rights violations

​Individuals who are found to be Inadmissible to Canada on Medical (health), Criminal or Misrepresentation reasons can apply for a Temporary Resident Permit (TRP) to overcome their inadmissibility and be allowed entry into Canada on a temporary basis with an eTA, TRV, Work Permit or Study Permit.

Other options to overcome Criminal Inadmissibility if you have a criminal record are Criminal Rehabilitation, Record Suspension or being Deemed Rehabilitated which will overcome the inadmissibility entirely allowing entry in Canada without a Temporary Resident Permit (TRP).

​Find out how you overcome inadmissibility by Criminal Rehabilitation, Record Suspension or being Deemed Rehabilitated or temporarily with a Temporary Resident Permit (TRP).

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Matkowsky Immigration Law can help you with your Inadmissibility issue.  Contact us to learn how we can help.

TRP

Temporary Resident Permit (TRP)

Individuals who wish to enter Canada, as Permanent or Temporary Residents (Visitors, Foreign Workers, Business Visitors, Students), must meet the requirements of Canada’s Immigration law and regulations, especially as they regard health and security.

Individuals who are found to be inadmissible to Canada, can apply for a Temporary Resident Permit to overcome their inadmissibility and be allowed entry into Canada on a temporary basis.

Foreigners can be found to be inadmissible on the following grounds:

Criminal Inadmissibility

Medical Inadmissibility

Misrepresentation

Organized Crime (or ties to it)

Security Risk

Committed human or international rights violations

​A Temporary Resident Permit (TRP) may be issued, at the discretion of Canadian Immigration Authorities, to individuals who would otherwise be inadmissible to Canada because of misrepresentation, criminality or health issues, permitting them to enter or stay in Canada, where justified by compelling circumstances. A TRP grants an individuals legal entry to Canada for a certain period of time, despite the fact that the individual is in fact inadmissible. It is essentially a “hall pass” that temporarily excuses the individual’s inadmissibility so that he or she may enter Canada. It can be valid for as short as a couple of days up to a maximum of three years.

​A TRP can be applied for at any point. Unlike criminal rehabilitation, a TRP is not subject to a certain time frame in relation to the completion of the sentence. An individual can in fact be granted a TRP while still serving a portion of his or her sentence in certain circumstances.

​In deciding whether or not to issue a TRP, a Canadian Immigration Visa Officer will weigh the inadmissible person’s need to enter or remain in Canada against the health and security risks to the Canadian population. Applicants must be able to demonstrate that their entry into Canada is justified, no matter how minor the reason for inadmissibility may seem.

A TRP is issued for the length of the stay in Canada (up to three years) and may be extended from inside Canada. The permit is no longer valid if the holder exits Canada, unless re-entry had been authorized at the time of issuance. The permit can also be cancelled by an officer at any time.

In certain circumstances, the holder of a TRP will be granted permanent resident status in Canada.

To apply for a TRP, you will need to submit an application with the supporting documents explaining the reason behind your inadmissibility and why your entry into Canada may be justified. If you are a citizen of a visa-exempt country, you will need to apply based on the guidelines set out by your specific country as the application form may be different.

Business Visitor

Work without a Permit

Business Visitors

​​There are a number of reasons why an individual may come to Canada as a business visitor, including:

​Attending business meetings, conferences, conventions, fairs, etc

  • Buying Canadian goods or services on behalf of a foreign entity

  • Taking orders for goods or services

  • Providing after-sales service, excluding hands-on work in the construction trades

  • Being trained by a Canadian parent company for work outside of Canada

  • Training employees of a Canadian subsidiary of a foreign company

The Business Visitor category facilitates entry for individuals (without a work permit) who engage in business or trade activities in Canada but will not enter the Canadian labour market. ​Individuals who plan to enter the Canadian labour market may require a Temporary Work Permit. In addition, a Business Visitor may still require a Temporary Resident Visa or an eTA (electronic Travel Authorization) to enter Canada on a temporary basis.

There are a number of subdivisions under this category, but all business visitors must meet the following general criteria:

​There must be no intent to enter the Canadian labour market (there will be no gainful employment in the country)

​The worker’s activity in Canada must be international in scope (it is assumed that a business visitor will engage in cross-border activity of some sort)

​For business visitors in Canada working for a foreign employer, the following criteria are assumed

    • The primary source of the worker’s compensation is outside of Canada

    • The principal place of employment is located outside of Canada

    • The employer’s profits are accrued outside of Canada

​When travelling to Canada, a business visitors should be prepared to present immigration officials with documentation that attests to their desired status in Canada. This documentation will vary on a case-by-case basis. Often, items such as a letter of support from a parent company or letter of invitation from a Canadian company can help to bolster one’s likelihood of acceptance as a business visitor.

​Business visitors may fall into the following sub-categories:

​After Sales Service

​After-sales service providers may come to Canada to repair, service, supervise installers, and set up and test commercial or industrial equipment. Such services must be detailed in the contract of sale for the equipment in Canada. Individuals coming to Canada to train prospective users or maintenance staff in the operation of specialized equipment may also fall under this category.

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Board of Directors Meetings

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Members of a board of directors who must enter Canada to attend a meeting are eligible to do so as business visitors. Though these individuals may be remunerated for their time in Canada, this does not constitute entry into the Canadian labour market.

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Employees of Short-Term Temporary Residents

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Individuals who are employed in a personal capacity, on a full-time basis, by temporary residents in Canada may be considered business visitors. An example of professions that may be eligible under this category include domestic servants, personal assistants or live-in caregivers. If the short-term temporary resident, and subsequently their employee(s), extends their stay past 6 months, a Labour Market Opinion and Work Permit may need to be secured for the employee(s).

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Employees of Foreign Companies Contracting Canadian Companies

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Situations arise in which foreign companies contract Canadian companies to provide services in Canada. In such a situation, the foreign company may wish to send one or more employees to Canada to ensure that the work is being carried out in a way that pleases the foreign company.

​If an employee of a foreign company is sent to Canada for this purpose, they may be considered a business visitor provided they fulfill the following criteria:

​They remain an employee of the foreign company;

  • They remain on the payroll of the foreign company;

  • The foreign company remains the beneficiary of the employee’s efforts; and

  • The foreign company’s principal place of business remains outside of Canada.

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

​Civil Aviation Inspectors

​Flight operations and cabin safety inspectors may inspect commercial international flights without needing a work permit. Inspectors should be employed by a recognized aeronautical authority and hold valid documentation attesting to this fact.

​Clergy

​An individual who preaches, oversees religious services, or provides spiritual counselling as a profession may work in Canada without a work permit. Individuals may be ordained ministers, laypeople, or members of a religious order. It is not mandatory that the temporary worker be part of or share the beliefs of the particular religious community where they will work. The primary duties of the temporary worker should reflect a particular religious objective, such as providing religious instruction or promoting a particular faith.

​Individuals seeking entry to Canada under this exemption should provide documentation attesting to the following:

​The genuineness of the offer of employment; and

  • Their ability to minister to a congregation (credentials, past employment, etc)

​Persons who will be conducting charitable or religious work in Canada require a work permit; however, that permit is exempt from the Labour Market impact Assessment (LMIA) process.

​Convention Organizers

​This category covers individuals who come to Canada to organize a convention or conference, as well as the administrative support staff of the organizing committee. These events may be corporate meetings, trade shows, exhibitions, etc. Hands-on service providers, such as audio-visual specialists, are not included in this category.

​Convention organizers who have been hired to perform work for a Canadian event are not eligible to work without a work permit. Immigration, Refugees and Citizenship Canada (IRCC) defines a ‘Canadian event’ as one that is held by an organization located and actively doing business in Canada.

​Individuals attending conferences and meetings are considered business visitors and are exempt from the requirement for a work permit.

​Crew

​Crew members do not need a work permit if they are working on a means of transportation that is foreign-owned, not registered in Canada, and engaged primarily in international transportation. They may work in an operation, maintenance, or passenger service capacity.

Laws governing work conducted by crews on different modes of transportation vary greatly. As such, it is important to make sure that one’s work will in fact be eligible for a work permit exemption before coming to Canada.

​Emergency Service Providers

​Workers who will enter Canada to provide services in times of emergency may do so without a work permit. The purpose of their work should be preserving life and property in the face of natural disasters or commercial accidents.

​Canada has specifically entered into agreements with the United States to facilitate the movement of emergency aid workers across the border between the two countries. These workers may be doctors or medical teams as well as appraisers and foreign insurance adjusters.

​Examiners and Evaluators

​Foreign professors and researchers may need to enter Canada in order to evaluate theses and projects conducted by their students. In this case, they may do so without obtaining a work permit.

​Expert Witnesses or Investigators

​Experts who must enter Canada in order to conduct surveys or analyses that will be used as evidence, or who will testify as expert witnesses before a regulatory body or court of law, may do so without requiring a work permit.

​Foreign Government Officers

​Canada is party to agreements with other countries that call for international exchange of government employees. Through such agreements, foreign workers may be brought to Canada to work for a department or agency in either the federal or provincial government(s). These individuals do not work for a foreign mission or organization, and are not accredited by the Department of Foreign Affairs and International Trade (DFAIT).

​Officers working in this capacity at an executive level require a contract from Canada’s Public Service Commission (PSC). Officers working below an executive capacity do not require a contract, though assignments lasting longer than three months should include a formal letter of agreement between the officer and their Canadian employer.

​Family members of officers covered under this exemption will generally be issued an open work permit or be exempted from the requirement for a permit while in Canada.

​Foreign Representatives and their Family Members

​Foreign representatives, as well as their personal staff and family members, may work in Canada without a work permit. Foreign representatives should be accredited by the Department of Foreign Affairs and International Trade (DFAIT). Diplomatic representatives to United Nations offices in Canada are also covered by this exception.

​Family members of foreign representatives must receive a ‘no objection letter’ by the Protocol Department of DFAIT in order to work without a work permit.

​Health Care Students

​Foreign health care students studying at foreign institutions may participate in clinical clerkships or short-term practicums in Canada without obtaining work permits. Students may be studying in fields such as medicine, nursing, medical technology and occupational and physical therapy. Such practicums should be unpaid and last no more than four months.

Foreign health care students who will be remunerated for their work, or who will spend more than four months in Canada, will require a work permit.

​Judges, Referees, and Similar Officials

​Judges, referees, etc may come to Canada to participate in international amateur sports, artistic, agricultural or cultural events and competitions.

​Amateur sports competitions should be organized by an international amateur sport organization and should be hosted by a Canadian organization. In this case, amateur is defined as a competition in which athletes are not paid to compete. Judges, referees and similar officials who will participate in professional sports competitions must receive a positive LMIA and work permit.

​​Military Personnel

​Military and civilian personnel in Canada under the auspices of the Visiting Forces Act may work and study without permits. The families of these individuals are also covered by these exemptions.

​In addition, military personnel are exempt from requirements for a passport, from a temporary resident visa, and from foreign national medical examinations. Civilians and family members are still required to obtain these documents, if necessary.

​News Reporters, Media Crews

News reporters and their crews who come to Canada in order to report on events in the country may do so without a work permit. These can include journalists, provided the company they work for is not Canadian. However, this does not include managerial or clerical personnel unless these individuals are covering special events that will last for six months or less.

​Generally speaking, media crews who come to Canada to produce travelogues, documentaries, etc are required to secure work permits. However, such decisions are left to the discretion of the Canadian Visa Officer reviewing their application.

Performing Artists

​Many foreign performing artists may work in Canada without a work permit. However, some types of performers/performances require a Labour Market Impact Assessment (LMIA) and Work Permit.

​Immigration, Refugees and Citizenship Canada (IRCC, formerly CIC) has outlined some common performers/performances and their immigration requirements:

Entry Without a Work Permit Work Permit and LMIA Required
Foreign-based musical and theatrical individuals and groups and their essential crew, working outside bars and restaurants Bands performing at bars, pubs, restaurants, etc
Street performers (buskers), DJs working outside a bar, restaurant or similar establishment Actors, singers, crew, etc in Canadian theatrical productions, shows, circuses
A foreign or traveling circus Any individual involved in making films, TV, internet or radio broadcasts
Guest artists (not employed) within a Canadian performance group for a time-limited engagement Any individual who will be in an employment relationship with the organization or business contracting for their services in Canada
Persons performing at a private event, such as a wedding A performer in a Canadian-based production or show
Artists attending or working at a showcase/workshop; which may include competing, judging competitors, demonstrating their skill, holding a class related to the showcase/workshop Rodeo performers or side show workers, such as rodeo clowns and announcers, horsemanship or trick riding displays, ‘half-time acts’ and other specialty act entertainers
Visual artists creating or displaying their own work (typically for no more than 5 days)
Rodeo contestants, such as bronc-riders, steer-ropers, barrel racers

 

In addition to the aforementioned scenarios, certain performers may work in Canada without a work permit under different sub-categories. They are:

  • Film producers (business visitors)

  • Film and recording studio users (business visitors)

  • Persons doing guest spots on Canadian TV and radio broadcasts (Guest speakers)

​Guest artists who have been invited to perform with a Canadian group are covered under this exception as long as their invitation is for a ‘time-limited engagement’. For the purposes of immigration, this time limit is usually no more than two weeks, though flexibility is permitted. A guest artist who is invited to rehearse and perform for a longer duration of time, such as a performance season, will require a LMIA and work permit.

​In order to work without a work permit, a performing artist should not enter into an employment situation in Canada. That is, they should not be the long-term employee of a Canadian organization, individual, or establishment.

Public Speakers

​Guest speakers at events, commercial speakers and seminar leaders can present in Canada without needing a work permit. For the purposes of this exemption, ‘seminar’ is defined as a small class or intensive course of study no longer than five days.

​Commercial speakers in this category will have a vested interest in the event in which they are speaking. Usually, this means that they will rent a commercial space, advertise for the event, charge admission, etc. Commercial speakers who are hired by a Canadian entity must secure a LMIA and work permit for their time in Canada.

Super Visa Refusal

Super Visa Refusal: Why did CIC refuse a visitor visa?

Super Visas and Visitor Visas get refused often.   There are many reasons for refusal, depending which country a person is a citizen of:  Visa-required or visa-exempt country.

​What options do I have after being refused?  Read more here

​Every Visitor (Super Visa included) requires travel authorization to board a plane and travel to Canada; this is in the form of either an eTA or a TRV.  This is the most important part of the visa application process and when an individual is refused a visa (visitor visa, super visa, student visa, work visa), it is as a result of not getting either an eTA or TRV approved.

​Visa-exempt countries only require an eTA (electronic travel authorization) which typically is easy to obtain. Non-visa exempt countries, however, require a TRV (Temporary Resident Visa) which is a much more thorough screening process and have a much higher rate of refusal- especially when individuals apply on their own. Typical processing times for TRV visas can be between 2 weeks to 4 months, depending on the visa office that is responsible for processing.

Common Reasons for TRV Refusal

​TRV Visa:  Visa-required countries

​A TRV visa is a type of travel authorization, much like the eTA.  Individuals from Visa-required countries require a TRV visa in their passport before they are allowed to board a plane at an airport.  The Canadian government has placed many countries on a non-visa exempt list to ensure individuals are screened properly before being permitted to travel to Canada.

​The TRV visa application process is a lengthy one.  The application asks for plenty of detailed personal and family information.   In addition, many documents must be provided to strengthen and support the application.  Unlike US visas that have an interview, Canada’s screening process is only done by a paper application with no interview.  It is extremely important to prepare a strong application as the visa officer will make a decision solely based on the information provided in the application; they will not request any additional information.

​Many individuals do not understand the process and there is a high rate of refusal when an individual applies on their own.  After receiving a refusal, the individual has been flagged and any subsequent application must be as strong as possible in order to have any chance of approval.

TRV visas are refused for many reasons.  They are refused for all the same refusal reasons as an eTA (see below), plus an additional 12 reasons which normally only apply to the screening process for TRV applications.

​Reasons for TRV and Super Visa refusal:

  • ​Lack of Travel History: If a person has not travelled anywhere outside of their home country before, they will be refused a visa if they apply on their own.  Our firm can overcome this reason by making legal arguments and referencing a Federal Court Case in the application.
  • ​Strong Family Ties to Canada: having family members in Canada can be a reason for refusal, and individual applying on their own can be refused.  Our firm can overcome this reason by making legal arguments and referencing a Federal Court Case in the application.
  • ​Length of stay: Individuals who state on the application they wish to stay for a longer period, usually require significant financial funds.
  • ​Real Purpose of Visit: there wasn’t a good enough explanation of the reason for travel to Canada.
  • ​Lack of Employment Prospects in Home Country
  • ​Current Employment Situation
  • ​Personal Assets
  • ​Host in Canada financial situation: lack of documentation
  • ​Documents that do no appear authentic
  • ​History of overstaying status on a previous visit to Canada
  • ​Illegal Status in Country of Residence
  • ​Other Reasons

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

​Individuals from visa-exempt countries are usually refused on grounds of inadmissibility:

​Criminality (having previously been charged with a crime)

​Misrepresentation (having misrepresented information to Canada immigration previously and received a ban)

​Previous Deportation: for overstaying visit illegally

​Medical Inadmissibility: have a contagious disease that is a threat to Canadians

​Human Rights Violations:  previously served in the military for a country that has been deemed to have participated in war crimes.  Additional documents must be provided to overcome this inadmissibility.

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