From time to time, clients, especially those who are waiting for applications for Canadian Permanent Residence such as  Spousal sponsorship applications to be processed, wonder if they should be applying for a Canada visitor visa (TRV) in the mean time. After all, applications for Canadian permanent residence often take many months or years to process by Citizenship and Immigration Canada (CIC).

For those applicants living in the United States as US Citizens or US Permanent Residents, they do not need a temporary resident visa or visitor visa to enter Canada. As American Citizens or US Permanent Residents, they can enter Canada as visitors for up to 6 months without formally applying for any visitor status in Canada. However, it is very important that when such persons have in fact have stayed in Canada for the 6 months as visitors, they either return to the US or apply for an extension of their visitor status (temporary resident status) from within Canada.

Some US  citizens or US permanent residents who have applications for Canadian permanent residence still in process tell us that at the Canada Border they are stopped by Canada Customs (known as Canada Border Services Agency) when trying to enter Canada as vistors. This is because CBSA does not believe such persons are in fact genuine or bona fide visitors to Canada given their pending permanent applications.

Our response to such encounters with CBSA is to tell people to make sure that they have sufficient documentation with them showing their ties to the US in case they are questioned about their intentions of visiting Canada. Just because you have an application for permanent residence in process does not give you a right to wait in Canada  or visit Canada while your case for permanent residence is finalized. If  you wish to enter Canada in the mean time, you better show that your intended visit to Canada is just that–a visit.

Sometimes we prepare what we call “Entry Packages” for our clients which are a set of documents showing their ties to their home country and a detailed submission letter from our office indicating why they should be considered genuine Canadian temporary residents. It is important to note that this same advice applies to all nationals of visa exempt countries, that is, from countries that do not require temporary resident visas (TRVs) such as visitor visas to enter Canada.  However, if you are a national of a country that does require a TRV to Canada, then you have to take an additional step should you wish to enter Canada pending your application for permanent residence. You will have to apply for a TRV at a Canadian Consulate or Canadian Embassy before you attempt to enter Canada. Approval rates for TRVs are not that high for such persons and often people will have to just wait outside Canada until their Canada immigration applications are finalized.

But for US residents and citizens from visa exempt countries, all that is required to enter Canada is sufficient documentation to show that you are real visitors to Canada despite the fact that you have a Canadian permanent residence application in process.