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Temporary Resident Visa:

What to do if an application is refused

Frequently asked questions

Why do some foreign nationals need a temporary resident visa to enter Canada?

Under Canada’s Immigration and Refugee Protection Act, every foreign national, except people from countries specifically exempted in the Immigration and Refugee Protection Regulations, must have a temporary resident visa before arriving in Canada. (Countries are exempted where their nationals have demonstrated that they are a low risk for violating Canada’s visa rules.) Temporary resident visa requirements allow Canada to fulfil the objectives of the Immigration and Refugee Protection Act by facilitating the entry of bona fide visitors to Canada for such purposes as trade, commerce, tourism, international understanding, and cultural, educational and scientific activities, while also protecting the health, safety and security of Canadian society. The CIC Web site provides the list of countries whose citizens need visas to visit Canada at www.cic.gc.ca/english/visit/visas.html.

How many applications for temporary resident visas does CIC receive each year and what is the approval rate?

The volume of temporary resident visa applications has tripled since the early 1980s. Currently, CIC’s visa offices receive applications for temporary entry to Canada from about one million people annually. The temporary resident visa approval rate has remained consistent at just over 80 percent for most years since 1983.

Who decides if a foreign national will be granted a temporary resident visa?

Under the Immigration and Refugee Protection Act, only visa officers are authorized to decide on temporary resident visa applications. The visa officer is an independent decision maker whose determination must be in accordance with the Immigration and Refugee Protection Act and Regulations. Members of Parliament and other Canadian government officials do not have the authority to make decisions on temporary resident visa applications or to give directions to visa officers with respect to individual decisions.

If I disagree with the refusal decision on an application, what can I do?

If you believe that you have new information that was not previously considered or if you believe that circumstances have changed since the refusal, you may wish to submit a new application. This new application will normally be assessed by a different visa officer and all current information will be taken into consideration. If, however, there is no change in your situation, or no change in the purpose of your visit, it is unlikely that a new application will result in the issuance of a visa. The normal processing fees apply to all new applications.

What does a visa officer consider when assessing an application for a temporary resident visa?

Approval of a temporary resident visa application cannot be guaranteed as each application is considered on its own merit. Visa officers look at many factors in assessing whether an applicant is a genuine temporary resident. They consider the purpose of the visit and the applicant’s ties to his or her home country, including the family and economic situation.

Foreign nationals wishing to come to Canada as temporary residents must show that they will respect the conditions that apply to temporary residents. One of these conditions is that they will leave voluntarily at the end of the visit. Individuals who apply to come to Canada as temporary residents must satisfy the visa officer that they:

• are in good health (in some cases, a medical examination may be required);
• have not committed a crime;
• do not pose a threat to Canada’s security;
• have a valid passport or travel document;
• have enough money to support themselves and their family members while in Canada;
• will leave Canada voluntarily at the end of their authorized stay; and
• meet all other requirements of the Immigration and Refugee Protection Act.

Visa officers also take into account invitations from hosts in Canada. While the invitation helps in assessing the purpose of the visit, it is only one of many factors that must be taken into consideration. The visa officer is required to assess the applicant’s intentions, rather than those of the host in Canada.

For example, a host may believe that a temporary resident intends to leave at a specific time, but does not have the ability to enforce this departure.

Some visitors may not have informed their hosts of their true intentions. Visa officers make decisions on a case-by-case basis. The onus is on applicants to show that their intentions are genuine.

What documents must be submitted with a new application?

Each visa office and its Web site provides information on the supporting documents that must be submitted with the completed application form and fees. Ensuring that an application is complete, that the fee payment is in an acceptable form and that all required documents in support of the application have been included will ensure that the application is processed without undue delays.

In general, applicants need documentation to demonstrate that they have a valid reason to visit Canada and sufficient attachments to their home country to ensure that they will return to it after their authorized stay in Canada.

Where a new application is submitted after a refusal, applicants should provide documents related to the new information or the change in their circumstances since the refusal or, failing that, they should provide an explanation for the new application.

Links to the visa office Web sites may be found on the CIC Internet site at www.cic.gc.ca/english/offices/missions.html.

What type of information should an applicant include on a new application to satisfy a visa officer?

There is no formula or specific document that will guarantee approval of a temporary resident visa application. Applicants are advised to submit complete applications, including all the supporting documents, in accordance with the instructions that the visa office provides. The documents must be authentic and the information presented must be truthful. Fraud and misrepresentation will result in a refusal, and applicants refused for these reasons will be banned from entering Canada for two years. However, the completeness of an application and the submission of all requested documentation will not in themselves result in the approval of an application. The visa officer must also be satisfied that the applicant is a genuine visitor to Canada who will leave at the end of an authorized stay.

The Immigration and Refugee Protection Act and its regulations provide authority to visa officers to use their discretion in evaluating situations in which there may be compelling humanitarian and compassionate considerations. Applicants who wish to have any particular circumstances of a humanitarian and compassionate nature taken into account by the visa officer should attach a written submission to the application, describing the situation. If a temporary resident permit is approved under these circumstances, an additional fee is payable.

What can I do to support the new application of a friend, relative or business contact who has been refused?

If your friend, relative or business contact decides to make a new application, you may provide documentation in support of that application directly to the applicant to submit with his or her application. However, although you may provide such support, the decision of the visa officer is ultimately based on the applicant’s circumstances, and not on any personal or financial guarantees that you or others may be prepared to offer on his or her behalf.

May I be told the reasons for the refusal of the application of my friend, relative or business contact?

As a federal government department, CIC is bound by the Privacy Act not to discuss the details of any case with anyone except the applicant and certain authorized people. Before the visa office can release information to you, the applicant must provide it with specific written permission. In many cases, because of the volume of work (CIC considers nearly one million applications a year), even if you are informed of the reason for the refusal, the information given to you may be quite brief. For instance, you might be told that “based on the information available, the visa officer was not satisfied that the applicant was a genuine visitor who would leave Canada when required to.”

Applicants should use the “Authority to Release Personal Information to a Designated Individual” form (IMM 5475) to give written permission to the visa office for the release of personal information to a third party. The form is available on line at www.cic.gc.ca/english/applications/releaseinfo.html.

Can a potential host in Canada or an applicant outside Canada appeal the decision on a temporary resident visa application?

Under Canada’s Immigration and Refugee Protection Act, there is no formal right of appeal on temporary resident visa decisions. Rather, the applicant may reapply and, whenever possible, a different visa officer will examine the application.

An applicant may also seek leave through the Federal Court of Canada to request a judicial review of any decision made by a visa officer, if he or she believes that the process was not legally or procedurally fair. A lawyer in Canada would have to act on behalf of the applicant.

Where can I get more information?

The CIC Web site provides information for people wishing to visit Canada at www.cic.gc.ca.

This is not a legal document. For precise legal information, consult the Immigration and Refugee Protection Act and Regulations.

© Minister of Public Works and Government Services Canada, 2005
Cat. no.Ci51-180/2005E-HTML
0-662-41255-9
C&I-679-08-05