9:1 GENERAL ADMISSIBILITY REQUIREMENTS

If you seek to work in Canada (see Chapter 7) or study in Canada (see Chapter 8) or if you wish to come to Canada for a shorter period of time, for example as a tourist or on business, you must satisfy a number of requirements. To be admissible into Canada you must:

• persuade an officer that you will leave Canada when the time validated for your stay in Canada expires, i.e. that your stay will be temporary;
• show that you have the funds necessary to support yourself and your family while in Canada, and to return home;
• not intend to work1 or study2 in Canada unless authorised to do so;
• be law abiding and have no record of criminal activity (you may be asked to provide a Police Clearance Certificate);

• not be a risk to the safety or security of Canada;
• produce any additional documents requested by the officer to establish your admissibility;
• be in good health (complete a medical examination, if required).

9:2 THE TEMPORARY RESIDENT VISA (TRV)

To visit Canada, you may have to apply for a TRV at a visa post abroad. For a list of countries whose citizens require a visa to come to Canada, see Schedule 2 (page 225). As for those who do not need a visa for coming to Canada (see Schedule 3, page 227), it should be noted that they must still meet the requirements for admissibility listed in section 9:1 above.

A TRV is a document issued to you and placed in your passport by a visa office abroad. It shows that that you have met the requirements for admission in Canada as a temporary resident. Visitors, international students and foreign workers in Canada are examples of temporary residents who need to obtain a TRV before coming to Canada.3

A valid TRV is not a guarantee of entry into Canada. An officer at a port of entry into the country may deny you admission if you no longer meet the requirements, for example if there has been a change in circumstances between

the time you applied for the TRV and the time of your arrival in Canada.

9:2.1 Types of TRV

A TRV may be for a single entry, for multiple entries, or for transit purposes.

A single entry TRV allows you to enter Canada only once. However, this visa may also be used for repeated entries into Canada from the USA or St Pierre and Miquelon. Such entries must occur during the time you are authorised to stay in Canada, which may be, for example, six months from your first entry on the basis of the visa.

A multiple entry TRV allows you to enter Canada from any country multiple times during the validity of the visa.

A transit TRV is required for travel through Canada to another country by those persons who need a TRV and whose flight will stop in Canada for less than 48 hours. To obtain a transit TRV you must provide specific evidence of your travel arrangements from your transportation company or travel agent. Please note that to apply for a transit TRV, you may be asked to show your travel tickets as part of the evidence of your travel arrangements.

9:2.2 Applying for a TRV

9:2.2(a) When to apply for it

You should apply for a visa at least one month before your intended departure date. It is important to note that some factors may extend considerably the time necessary for

the processing of your application: the time it takes for the application to be delivered by post, additional requirements for certain applicants, like for example a medical exam. This is why you should check with the relevant visa office well in advance of your intended departure date, and find out exactly what are the requirements applicable to you.

9:2.2(b) What your application for a TRV will typically include

For a sample Checklist of the forms and supporting documents that you would include in a TRV application, please see Figure 22. As noted in the introduction to this book, there may be additional requirements that are specific to the visa office where you would apply.

Please note that if you intend to study or work in Canada during your visit, you must include full details of the proposed work or study in your application. For more information about studying and working in Canada, see Chapters 7 and 8.

9:3 ARRIVING IN CANADA AND EXTENDING YOUR STAY

Upon arrival at a Canadian port of entry, a customs officer will determine whether you are admissible to Canada and how long you may stay. The stamp that will be placed in your passport is valid for six months unless otherwise amended by the officer. You must leave Canada by the date specified; if you want to extend your stay, you must make an application to the Inland Case Processing Centre in Vegreville, Alberta at least a month in advance. The forms, including the applicable Checklist, and accompanying guidelines can be found at www.cic.gc.ca/english/applications/visitor.html. For samples of the main form and Checklist, see Schedule 9 (page 247).

9:4 IMPORTANT INFORMATION REGARDING CHILDREN TRAVELLING TO CANADA

Children younger than 16 years old who are travelling alone must have information on the person who will be responsible for them. If the child is the subject of a custody order, proof of custody and the other parent’s consent must also be provided. Minors travelling without their parents require a letter of permission to travel, from the non-accompanying parent(s) and a letter from their custodian in Canada.

9:5 ABOUT YOUR SPOUSE, COMMON-LAW PARTNER OR DEPENDANTS ACCOMPANYING YOU TO CANADA

Your spouse or common-law partner and dependants who wish to visit Canada must apply for permission to do so. As long as you all apply together it will not be necessary for each person to fill out separate application forms. Children 18 years and over must complete their own application form.

Your spouse or common-law partner and dependants must meet the requirements for temporary residents to Canada that were mentioned in section 9:1. It is important to note that you may be required to provide a marriage certificate and birth certificates for any accompanying family members. If you are in a common-law relationship and your common-law partner will accompany you to Canada, you will have to complete the Statutory Declaration of Common-Law Union.

9:6 USEFUL INFORMATION RELATING TO VISITING CANADA: HEALTH INSURANCE AND TAX REFUNDS

Before you come to Canada you should ensure that you have health insurance, as hospitalisation or medical services for visitors are not covered by Canada. Your travel agent should be able to suggest insurance providers.

As a visitor to Canada, you can claim a refund for the 7% goods and services tax (GST) and the 15% (Newfoundland, Nova Scotia and New Brunswick) harmonized sales tax (HST) you paid on eligible goods4 and/or short-term accommodation5 while visiting Canada.

As a visitor you would qualify for a tax refund if the following conditions are met:

• you are not a resident of Canada (for tax purposes);
• you purchased eligible goods, short-term accommodation or both;
• you paid GST/HST on these purchases;
• you have original receipts;
• the total of your purchase amounts (before taxes) for eligible goods and accommodation is at least CDN$200;
• each individual receipt for eligible goods shows a minimum total purchase amount (before taxes) of CDN$50;

• the goods are removed from Canada within 60 days of the date they were purchased.

If you have doubts as to whether your purchases qualify, submit all original receipts and leave it to the office to decide.

To claim a refund by mail, you need to do the following:

• have the good receipts stamped by Canada Customs upon departure; if you are claiming for accomodation only, you do not need to have the receipt validated;
• complete and sign the EH-77 form (it can be downloaded from the Canada Customs and Revenue Agency site at www.ccra-adrc.gc.ca);
• include only original receipts;
• include original boarding pass or ticket, if you have returned home by a commercial airliner including air, non-charter bus or ferry;
• mail your tax refund claim from outside Canada.

For an instant refund at a refund location, you will have to do the following:

• complete and sign the EH-77 form (the refund office will provide you with a copy);
• provide only original receipts, provide two pieces of ID –one must be a photo ID and the other must have your name and address on it;
• provide a credit card (Visa, Master Card, American Express);
• provide a plane, bus or ferry ticket (if departing Canada by private vehicle or charter bus the mail-in programme must be used);
• all good purchased must be made available for viewing.

For more information about this topic, including refunds for which non-resident business are eligible, visit the site of Canada Customs and Revenue Agency at www.ccra-adrc.gc.ca.