Visitor Visa Lawyer: Legal Requirements to Visit Canada

Visitor visa or eTA?

Foreign nationals from countries that require a visa must apply for a temporary resident visa (TRV, commonly called a visitor visa) before travelling. Visa-exempt travellers, other than U.S. citizens, generally need an electronic travel authorization (eTA) to fly to Canada. An eTA is linked to your passport and does not guarantee entry. The final decision to admit you is made by a border services officer.

The test an officer must apply

Section 179 of the Immigration and Refugee Protection Regulations says an officer shall issue a temporary resident visa if, after examination, it is established that the person has applied in accordance with the Regulations as a member of the visitor, worker or student class; will leave Canada by the end of the period authorized for their stay; holds a passport or other document that they may use to enter the country that issued it or another country; meets the requirements that apply to the class; and is not inadmissible. Medical examination requirements also apply where the person must undergo one.

In practice, the question in most refusals is whether the officer is satisfied that you will leave at the end of your stay. Officers look at your purpose, your finances, your family and job ties to your home country and your travel history.

How long you can stay

Under section 183(2) of the Regulations, the period authorized for a temporary resident's stay is six months or any other period fixed by an officer based on factors such as the person's means of support, the length of stay requested and the expiry of the passport. All temporary residents must leave by the end of that period and must not work or study unless authorized (section 183(1)).

A person may study in Canada without a study permit if the program is six months or less and will be completed within the period of stay authorized on entry (section 188(1)(c)), but working as a visitor is not allowed unless an exception applies. See our page on business visitors for permitted business activities.

Extending your stay

IRCC says a visitor who wants to stay longer needs to apply for a visitor record, which is not a visa. IRCC lists the fee as starting from $100, and processing times can be long, so apply well before your status expires. If your status has already expired, section 182 of the Regulations allows an officer to restore status on application made within 90 days after losing it, if the requirements are met. Restoration is not automatic.

Visiting for longer: the super visa

Parents and grandparents who want to visit for longer periods may be eligible for a super visa, which allows stays of up to five years at a time. See our page on the super visa for parents and grandparents.

Common reasons for a visitor visa refusal

• The officer is not satisfied that you will leave Canada at the end of your stay.
• Unclear purpose of the visit or an itinerary that does not match your documents.
• Insufficient funds or unclear source of funds.
• Limited ties to your home country.
• Concerns about travel or immigration history.
• Inadmissibility, including criminal, medical or misrepresentation concerns.
• Incomplete or inconsistent application documents.

If your application was refused, read our page on what to do after a visa or permit refusal. There are short court deadlines.

Strengthening an application

• State a clear purpose and a realistic length of stay.
• Show funds and their source, with consistent bank statements and employment records.
• Show ties: family, work, study, property or business obligations that make you likely to return.
• Explain any previous refusals or gaps in your travel history.
• If someone in Canada is inviting you, include an invitation letter and proof of their status in Canada. A letter helps explain the visit but does not guarantee approval.
• Answer all questions truthfully. Leaving out a previous refusal can lead to a misrepresentation finding.

If you have a criminal record or medical condition

A criminal conviction, in Canada or abroad, or a medical condition can make a visitor inadmissible. See criminal inadmissibility, medical inadmissibility and temporary resident permits for the options.

How we can help

We review whether a visitor visa or eTA is right for you, prepare a complete application, respond to IRCC requests, advise on extensions, and act where a refusal needs a legal challenge. We meet clients in English, Urdu, Hindi and Punjabi. We cannot promise that IRCC will approve an application.