Toronto Star published an article this week about a Peruvian man, Jorge Sanabria, who was scheduled to deliver a keynote speech at Wilfrid Laurier University in June but denied a tourist visa (temporary resident visa) to Canada without any apparent reason.

Regulation 179 is the section of Canada’s Immigration and Refugee Protection Act that allows visa officers to reject applications on the suspicion they might try to stay in Canada beyond their temporary stay. However, no detailed reason for refusal needs to be given and the applicant is notified by a simple little “form letter” with check-mark indicated stating the supposed grounds for refusal.

For example, a common reason is that the applicant has failed to demonstrate that he or she would not leave Canada after their intended visit. Not much help for applicants wondering why they visas were refused.

This regulation does not apply to 53 countries for which citizens can come visit Canada without temporary resident visas, but it does apply to the 145 countries from which citizens need visas to come to Canada.

No statistics are kept on why visas are refused, but one-third of the five million visitors to Canada in 2009 needed temporary resident visas. Of these 1.5 million people, almost 300,000 were refused just for not meeting requirements of Regulation 179.

While there are no official criteria regarding Regulation 179 that would suggest a visitor might stay, there are also no official criteria available that would prove an applicant would leave. So, people planning trips to come to Canada have no real idea whether their applications will be denied or accepted–sometimes even in cases where they have purchased a return ticket home and have a job and family waiting for them in their home country.

Jorge Sanabria had provided the government with his passport, a letter from his employer, a document showing his invitation to speak and information about his family in Peru with his application but was still denied.

When an immigration application is refused, applicants still have several options available to them including filing an appeal to the Federal Court of Canada. Usually these refusal decisions are made by a single immigration officer who may have made an error in law or fact regarding the application. If such is the case, consider either appealing or even re-applying with more detail about the merits of your case. Don’t give up!

So why was your visa denied? Often there is really no good answer.

Hello Mr. Niren,

I wish to draw your attention to the outstanding service provided to my company and by one of your associates.

Shabnam Akrami has gone far beyond the call of duty in assisting me in securing the necessary paperwork to access urgently needed foreign worker assistance for my Company.

Having dealt with other firms, on three other occasions, I have never encountered the service that Ms. Akrami has provided. She had realized the urgency, and made things happen.

Although the workers have only started to arrive, I’m sure her continued efforts will allow us the positive results we asked for in securing the LMO’s, and work permits required.

Ms. Akrami should be commended for her tireless efforts and assistance. A true professional who has delivered what was asked for, and more.

If this is an example of the professional service you demand of your associates,  I commend you, and look forward to your firm’s continued service.

Thank You.

Bill M

Conrad Black, once a Canadian who renounced us citizenship to become an English Lord finds himself in very unusual legal waters from an immigration perspective.

As someone with a criminal conviction, he would be considered inadmissible to Canada as a non-Canadian citizen. This means that despite the fact that Lord Black was born in Canada and has a Canadian wife, his renunciation of Canadian citizenship nevertheless renders him inadmissible to Canada given his US conviction.

He is now awaiting the decision of  US Judge Amy St. Eve on whether the terms of his bail would allow him to travel to Canada. Not so simple. Even if Judge St. Eve grants him access to Canada, Black, it would seem, would still have to apply for a Temporary Resident Permit (TRP) to be able to cross into Canada. As discussed extensively in our blogs, TRPs are not always easy to get and given this high profile case, Black’s application could take months to process.

I was interviewed on the Black debacle by the Canadian Press yesterday, reproduced below here

We had the privilege of representing a Skipper who required a Temporary Resident Permit (TRP)  in order to enter Canadian waters off Vancouver.

The applicant was on his boat during his journey from Hawaii to Vancouver, Canada and could not receive faxes or emails. It would take him 14 days to reach Vancouver. On top of that, he had limited access to the phone and Internet while he was at sea, and he had absolutely no access to a printer before he docked in Vancouver, which means he even would not have a proper application package to present to Canadian Border Service Agency (CBSA).

We therefore had to contact the CBSA, Marine Security Unit, directly and sent them the client’s TRP package directly for their review and consideration. In most cases, applicants have their TRP application packages in hand for presentation to the CBSA.  We emailed CBSA the TRP package and the officer in charge of the port told us he received it and would make a final decision after intrviewing the Skipper when he arrived.

Well, he did arrive and the interview went well. Our Skipper was issued his TRP and was allowed to sail into Canada. Here is now a happy sailor!

_________________________________

Hello Mary,

Would like to thank you for all of your assistance in obtaining a Temporary Resident’s Permit for my allowance into Canada.  Everything came together very easy and much faster than trying to do it on my own.  The whole process was handled extremely professional and in a short time period.

Thanks again,

Trevor H

Hi Michael,
 
I just wanted to express my appreciation on your excellent and quality services.

Mary emailed me today that she was notified that my and my wife’s TRPs for Canada had been approved.

Mary has been very generous and patient in answering all my emails. She indeed is a great person!

Sincerely

Tae

Q. I am a US Citizen.  A few days ago, I travelled to the Toronto Airport and was told that I could not enter into Canada because I have a DUI. The customs officer told me I have to apply for a Temporary Resident Permit. The problem is that I have a wedding to attend to in a few days.  I am in the wedding party. When I researched information about a Temporary Resident Permit, I discovered that it can take months to be approved. What do I do?

__________________________

A. Since you are a US Citizen, you could apply for your Temporary Resident Permit (TRP) at the Canada/US Port of Entry rather than filing it thought the Canadian Consulate. Doing it this way (though the Consulate) can indeed take months. Under NAFTA, as a US Citizen, you have the option of presenting your TRP right at the border for almost instant results.

However, the risk is that if your TRP can be refused at the border, and you could be turned away. Further, in order to apply for a TRP, you have to have your documentation with you including information concerning your DUI among other information. TRPs at the border can be high-risk so it is essential that you have a very well prepared application if wish to attempt a TRP at the Canada border. TRPs can be issued for a single or multiple entry depending on the nature of the offense and circumstances of your entry.