Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2014-09-01 and last amended on 2014-08-01. Previous Versions

PART 9TEMPORARY RESIDENTS

Division 1Temporary Resident Visa

Marginal note:Issuance

 An officer shall issue a temporary resident visa to a foreign national if, following an examination, it is established that the foreign national

  • (a) has applied in accordance with these Regulations for a temporary resident visa as a member of the visitor, worker or student class;

  • (b) will leave Canada by the end of the period authorized for their stay under Division 2;

  • (c) holds a passport or other document that they may use to enter the country that issued it or another country;

  • (d) meets the requirements applicable to that class;

  • (e) is not inadmissible;

  • (f) meets the requirements of subsections 30(2) and (3), if they must submit to a medical examination under paragraph 16(2)(b) of the Act; and

  • (g) is not the subject of a declaration made under subsection 22.1(1) of the Act.

  • SOR/2012-154, s. 9;
  • SOR/2013-210, s. 1.

Holders of Temporary Resident Visas

Marginal note:Authorization

 A foreign national is not authorized to enter and remain in Canada as a temporary resident unless, following an examination, it is established that the foreign national and their accompanying family members

  • (a) met the requirements for issuance of their temporary resident visa at the time it was issued; and

  • (b) continue to meet these requirements at the time of the examination on entry into Canada.

Applications for Extension of Authorization to Remain in Canada as a Temporary Resident

Marginal note:Circumstances
  •  (1) A foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if

    • (a) the application is made by the end of the period authorized for their stay; and

    • (b) they have complied with all conditions imposed on their entry into Canada.

  • Marginal note:Extension

    (2) An officer shall extend the foreign national's authorization to remain in Canada as a temporary resident if, following an examination, it is established that the foreign national continues to meet the requirements of section 179.

Restoration of Temporary Resident Status

Marginal note:Restoration
  •  (1) On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act.

  • Marginal note:Exception

    (2) Despite subsection (1), an officer shall not restore the status of a student who is not in compliance with a condition set out in subsection 220.1(1).

  • SOR/2013-210, s. 2;
  • SOR/2014-14, s. 3.