Home/Practice areas/Temporary residence
Temporary residence
Every temporary stream requires an officer to be satisfied of the same underlying thing: that you will do what you say you will do, and leave when your authorisation ends. Everything else is documentation.
Which authorisation you need
| Stream | Purpose | Decisive issue |
|---|---|---|
| Visitor visa or electronic travel authorisation | Entry for tourism, family visits, or business meetings | Ties to your home country and sufficient funds |
| Visitor record | Extending an authorised stay already underway in Canada | Filed before the current status expires |
| Super Visa | Extended stays by parents and grandparents of citizens and permanent residents | Qualifying medical insurance and the child's income |
| Study permit | Study at a designated learning institution | Provincial attestation, funds, and a coherent study plan |
| Work permit, employer specific | Work for a named employer | Whether a labour market impact assessment is required or the job is exempt |
| Work permit, open | Work for most employers, including post-graduation and certain spousal permits | Eligibility under the specific exemption relied on |
| Start-up Visa work permit | Building a qualifying business in Canada while permanent residence is processed | A commitment from a designated organisation |
| Restoration of status | Recovering status after it has expired | Applying within the limited window, generally 90 days |
Why temporary applications are refused
Refusal letters are brief and use standard wording. The reasoning behind them is more specific than the letter suggests, and it is usually visible in the file.
01“Not satisfied you will leave at the end of your stay”
This is the most common finding and it is a conclusion, not a reason. Underneath it sits an assessment of your employment, property, family responsibilities, and immigration history against conditions in your country of residence. The answer is to put those facts in the record with documents rather than assertions.
Having applied for permanent residence does not by itself make you inadmissible as a visitor. The Act expressly contemplates dual intent. What must still be shown is that you will comply with the conditions of the temporary status you are asking for.
02Purpose of visit not established
Where the stated purpose does not fit the itinerary, the funds, or the invitation, an officer will say so. Invitation letters should identify the host, the relationship, the dates, and who is paying for what. Vague letters weaken an application rather than supporting it.
03Funds not established or not credible
A recent balance is not proof of funds. Officers look at history: when the money arrived, where from, and whether it is consistent with declared income. A large deposit made shortly before filing, without explanation, is treated as a problem rather than as evidence.
04Study plan not coherent
Where a proposed program does not follow from prior education or career, an officer will question the purpose. A study plan should explain the choice of program, the choice of institution, the cost against your means, and what you intend to do with the credential afterwards.
05Start-up Visa: the commitment is the gate
The Start-up Visa runs on a commitment certificate and letter of support from a designated angel investor group, venture capital fund, or business incubator. Without that commitment nothing else in the application matters, and officers assess whether the designated organisation performed real due diligence or simply issued paperwork.
Applicants must also meet the language threshold, hold sufficient settlement funds, and each essential person must hold a qualifying share of the business. A work permit can be sought to build the business while permanent residence is processed.
06Misrepresentation
Withholding or misstating a material fact, including a prior refusal by any country, can lead to a finding of misrepresentation and a period of inadmissibility. This is far more damaging than the refusal it was meant to avoid. Disclose adverse history and explain it.
If your status has expired, or is about to
- Apply before the expiry date, not on it. An extension application filed before your status expires generally allows you to remain under the same conditions while it is decided.
- If it has already expired, restoration is available for a limited window, generally 90 days, and only if you have not otherwise breached conditions. Outside that window the options narrow considerably.
- Working or studying without authorisation during a gap creates a separate problem that affects future applications, even after status is restored.
- Do not leave and re-enter to reset status without advice. The consequences depend on your nationality, your travel document, and what is in your record.
A refused application is not the end of the route.
A refusal can often be answered with a better-constructed application rather than an appeal, but only if the reasons are obtained and read first. We request and analyse the officer's notes before advising on what to do next.
647-546-0134 · admin@hf-imm.ca