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Canadian Temporary Visitors, News

Temporary Residents: Examination and Admission at the Port of Entry

February 22, 2018 nkic

Process at the port of entry (POE)

Canada Border Services Agency (CBSA) officers must be satisfied that all admissibility requirements have been met before admitting a foreign national.

Step 1

The foreign national arrives at a POE and is examined at the primary inspection line (PIL) by a CBSA officer.

  • If the CBSA officer determines that the foreign national requires further examination, then the foreign national is referred for a secondary examination.
  • If the CBSA officer is satisfied that the foreign national meets the admissibility requirements, then the foreign national is allowed to enter Canada.

Note: At some remote border crossings or airports, it may be necessary for the person to be directed to a local Immigration, Refugees and Citizenship Canada office.

Step 2

At the immigration secondary, the officer interviews the foreign national to determine if the person is admissible to Canada:

If the person is admissible, then the officer may either

  • stamp the subject’s passport (if applicable); or
  • issue a visitor record.

The officer may also request that a security bond be posted to ensure the person complies with the terms and conditions imposed.

If the person is inadmissible, then the officer may

  • write a report under subsection 44(1) of the Immigration and Refugee Protection Act (IRPA) outlining the allegations of inadmissibility and forward it to a Minister’s delegate; or
  • allow the person to withdraw their application and leave Canada.

If the person is admissible, the officer stamps the person’s passport (if applicable) and may issue a visitor record with conditions.

If the person is inadmissible, the officer drafts a report outlining the allegations of inadmissibility and forwards it to a Minister’s delegate.

Step 3

If the officer opts to write a subsection A44(1) report, that officer will forward it to a Minister’s delegate for review.

Step 4

A Minister’s delegate reviews the report of alleged inadmissibility.

If the report is valid, then the Minister’s delegate upholds the report and decides on the disposition of the case.

The disposition depends on the allegations and circumstances of each case and may include

  • referring the case to an admissibility hearing;
  • allowing the person to leave Canada;
  • issuing a temporary resident permit (TRP); or
  • issuing an exclusion order.

The officer decides whether or not detention is warranted.

If the report is not valid, then the Minister’s delegate overturns the report and admits the person to Canada.

Length of admissions

An officer at the POE will determine the length of time that a temporary resident may remain in Canada.

Note: In general, stamps issued by CBSA officers at the POE are valid for a period of 6 months from the date of entry.

If a handwritten date has been placed under the stamp, the period of authorized stay expires on that date.

For example, for parents and grandparents who possess the super visa temporary resident visa or letter, CBSA officers will handwrite a date that is 2 years from the date of entry on their initial visit only.

Learn more about duration of visits.

Conditions

Officers at the POE may impose prescribed conditions on a temporary resident at the time of admission.

Conditions are imposed to ensure that the foreign national adheres to the period and purpose for which they sought entry and to make them aware of the need for formal authorization before extending that period or varying the purpose of their stay.

  • Section 183 of the Immigration and Refugee Protection Regulations outlines the following conditions imposed on every temporary resident:
    • may not engage in work without authorization;
    • may not engage in studies without authorization; and
    • must leave Canada by the end of the period authorized for their stay.
  • Section R184 lists specific conditions imposed on members of a crew.
  • Section R185 states that an officer may impose, vary or cancel conditions.

Once admitted, temporary residents may apply to

  • change their conditions;
  • change their status; and
  • extend their status.

Please Contact Us for further information.

NKIC Newsletter - February 2018

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