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Canada welcomes visitors from around the world for family visits, tourism, business activities, and other temporary purposes. Depending on your nationality, travel document, and circumstances, you may require a Visitor Visa (Temporary Resident Visa) before travelling to Canada.
At Nadeem Law Office, we assist individuals, families, and businesses with Canada Visitor Visa and Super Visa applications, including applications for parents and grandparents wishing to spend extended periods with their families in Canada. We also assist applicants who have previously received a visitor visa refusal or have concerns about meeting Canada’s temporary residence requirements.
With our head office in Mississauga and branch offices in Cambridge and London, Ontario, we assist clients in Canada and internationally with visitor visa and other Canadian immigration matters.
A Canada Visitor Visa, formally known as a Temporary Resident Visa (TRV), is an official document placed in your passport showing that you have met the requirements to travel to Canada as a temporary resident.
Depending on your circumstances, a visitor visa may be issued for single or multiple entries. A visa officer determines its validity, which may extend for up to 10 years but cannot generally extend beyond the applicable passport or biometric validity.
A visitor visa allows you to travel to a Canadian port of entry. It does not, by itself, guarantee admission to Canada. A border services officer makes the final determination regarding entry and the period for which you may remain in Canada.
Most visitors are normally permitted to remain in Canada for up to six months. However, a border services officer may authorize a shorter or longer period.
It is important to distinguish between the validity of your visitor visa and your authorized period of stay in Canada. A multiple-entry visa may remain valid for several years, but that does not mean you can continuously remain in Canada for the entire validity period.
Visitors who want to remain in Canada beyond their authorized period may need to apply to extend their visitor status before it expires.
A visitor visa applicant must satisfy the immigration officer that they meet Canada’s requirements for temporary entry.
Among other considerations, an applicant generally needs to demonstrate that they:
The documents required will depend on the applicant’s circumstances and the purpose of the proposed visit.
Many visitor visa applications are made by individuals wishing to visit children, parents, siblings, spouses, relatives, or friends in Canada.
An invitation letter from a family member in Canada can form part of the application, but an invitation does not guarantee approval. The immigration officer assesses the application as a whole.
The application should clearly explain the purpose and expected duration of the visit, the applicant’s financial arrangements, their relationship with the person they are visiting, and their personal and economic circumstances outside Canada.
The Super Visa is specifically designed for eligible parents and grandparents of Canadian citizens, permanent residents, and persons registered under the Indian Act who want to spend extended periods with their family in Canada.
Unlike an ordinary visitor visa, which generally permits stays of up to six months at a time, an eligible Super Visa holder can currently stay in Canada for up to five years at a time. A Super Visa can provide multiple entries for a period of up to 10 years, subject to applicable validity requirements.
The Super Visa can therefore be particularly useful for parents and grandparents who want to spend significant periods with their children or grandchildren in Canada while maintaining their permanent home abroad.
To qualify, the applicant must be the parent or grandparent of an eligible host in Canada. The host must meet the applicable requirements and provide a signed letter of invitation.
The applicant must apply from outside Canada and satisfy the general requirements for temporary entry. The immigration officer will consider factors such as the purpose of the visit, family and financial circumstances, ties to the applicant’s home country, and whether the applicant is a genuine visitor who will leave Canada at the end of the authorized stay.
Super Visa applicants must also meet additional requirements that do not generally apply to an ordinary visitor visa application.
The Canadian host must satisfy the applicable minimum necessary income requirement based on family size. Under the current rules, there are alternative ways of satisfying the financial requirement. For example, the host and an eligible co-signer may demonstrate that their income met or exceeded the required amount in either of the two taxation years preceding the application.
Alternatively, where the host and eligible co-signer meet the required portion of the minimum income threshold, qualifying income of the visiting parent or grandparent may be considered toward the remaining amount, subject to the applicable requirements.
Because income thresholds and requirements can change, the applicable figures and supporting documents should be reviewed at the time an application is prepared.
Super Visa applicants must have qualifying private health insurance that meets Canada’s requirements.
The insurance must generally be valid for at least one year from the date of entry, provide at least $100,000 in emergency coverage, and cover health care, hospitalization and repatriation.
The policy must be issued by a qualifying Canadian insurer or an eligible foreign insurance company meeting the applicable Canadian requirements. A quotation alone is not sufficient; the policy must satisfy IRCC’s payment requirements.
Super Visa applicants are also required to undergo an immigration medical examination.
The appropriate application depends largely on your circumstances and intended visit.
An ordinary Visitor Visa may be suitable for tourism, family visits, business travel, or other temporary visits. Most visitors are normally admitted for up to six months.
A Super Visa, on the other hand, is specifically intended for eligible parents and grandparents and can allow much longer stays in Canada – currently up to five years at a time.
The Super Visa also has additional eligibility, income, medical examination, and health insurance requirements.
Visitor Visa and Super Visa applications can be refused if an immigration officer is not satisfied that the applicable requirements have been met.
Concerns may relate to the applicant’s purpose of travel, finances, family or economic ties, immigration history, supporting documents, intention to leave Canada following the authorized stay, or other eligibility or admissibility issues.
If your application has been refused, it is important to understand the concerns underlying the decision before submitting another application.
Depending on the circumstances, an applicant may consider submitting a new application that addresses the issues raised or obtaining legal advice regarding other available remedies.
If your Visitor Visa or Super Visa application has been refused, submitting a new application is not always the only option. In appropriate circumstances, an applicant may seek judicial review of the refusal before the Federal Court of Canada.
Judicial review is different from submitting a new visa application. The Federal Court does not reassess the application simply to decide whether it would have reached a different conclusion. Rather, the Court reviews the immigration decision to determine whether there is a legal basis for the Court to intervene, including issues concerning the reasonableness or procedural fairness of the decision.
The judicial review process begins with an Application for Leave and for Judicial Review. The applicant must first obtain leave (permission) from the Federal Court before the matter proceeds to a judicial review hearing.
If judicial review is successful, the Federal Court does not issue the Visitor Visa or Super Visa itself. Instead, the Court may set aside the refusal and return the matter for reconsideration. The application would then be reconsidered in accordance with the Court’s decision.
There are important deadlines for commencing judicial review proceedings. Under the Immigration and Refugee Protection Act, an application generally must be filed and served within 15 days for a matter arising in Canada or 60 days for a matter arising outside Canada, calculated from when the applicant is notified of or otherwise becomes aware of the decision. The Court may permit an extension in appropriate circumstances, but an extension should not be assumed.
Because Visitor Visa and Super Visa applications are commonly processed outside Canada, the applicable deadline should be determined based on the circumstances of the particular case.
After a visa refusal, an important question is whether to submit a new application, seek judicial review, or consider another appropriate course of action. The answer depends on the reasons for refusal, the evidence that was before the immigration officer, whether additional evidence is available, and whether the decision raises reviewable legal or procedural issues.
At Nadeem Law Office, we can review your refusal decision and application record, advise you on the available options, and represent you in an Application for Leave and Judicial Review before the Federal Court, where appropriate.
If your Visitor Visa or Super Visa has been refused, it is important to obtain legal advice promptly because Federal Court deadlines can be short.
At Nadeem Law Office, we assist clients with a range of visitor-related immigration matters, including:
We review your circumstances, identify potential concerns, advise on supporting documentation, and assist in preparing the application and legal submissions where appropriate.
Whether you want to visit family, travel to Canada temporarily, invite your parents or grandparents for an extended stay, or address a previous visa refusal, understanding the applicable requirements can help you prepare your application properly.
Nadeem Law Office assists clients with Canada Visitor Visa and Super Visa matters through our offices in Mississauga, Cambridge and London, Ontario, as well as clients located outside Canada.
Contact Nadeem Law Office to schedule a consultation regarding your Visitor Visa or Super Visa application.
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