Hamayun Immigration Firm

Home/Practice areas/Temporary residence

§ 00

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.

§ 01Streams IRPR ss. 179–222

Which authorisation you need

Temporary streams compared
StreamPurposeDecisive issue
Visitor visa or electronic travel authorisationEntry for tourism, family visits, or business meetingsTies to your home country and sufficient funds
Visitor recordExtending an authorised stay already underway in CanadaFiled before the current status expires
Super VisaExtended stays by parents and grandparents of citizens and permanent residentsQualifying medical insurance and the child's income
Study permitStudy at a designated learning institutionProvincial attestation, funds, and a coherent study plan
Work permit, employer specificWork for a named employerWhether a labour market impact assessment is required or the job is exempt
Work permit, openWork for most employers, including post-graduation and certain spousal permitsEligibility under the specific exemption relied on
Start-up Visa work permitBuilding a qualifying business in Canada while permanent residence is processedA commitment from a designated organisation
Restoration of statusRecovering status after it has expiredApplying within the limited window, generally 90 days
§ 02Refusals IRPR s. 179(b) · IRPA s. 22(2)

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.

§ 03Status IRPR s. 183 · s. 186(u) · s. 182

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.
Time-critical. If your status has lapsed, the restoration window is running now. Contact us or another authorised representative today rather than at the end of the period.
NEXT STEPPreliminary consultations are complimentary and held in confidence.

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