Distinction between Visitor Visa and Permanent Visa


It is important to distinguish between these two concepts, because the decision-making bases that allow the granting of these two types of visas are totally different. Often people who have applied for a visitor's visa do not understand the reason for the decision and believe that immigration is based on a similar process.

However, visitor visas, which include tourists, students and workers, only concern people who will be on the territory for a limited and determined period. The heart of the decision is therefore the certainty of the visa officer that the applicant for the temporary visa will leave the country at the expiry of the time allowed. The visa officer therefore relies on his impression by taking into account a number of factors, but without being bound by any of them. The decision is therefore his sole responsibility and, in the slightest doubt, the visa will be refused, without justification and without possibility of appeal. This is normal because, according to the law, the onus is on the applicant to prove that he will leave the country upon the expiry of his visa. In addition, it is the responsibility of the visa officer to protect the entry into Canada of unlawful futures.

Unlike temporary visas, applications for permanent residence do not depend on the agent's impression, but on the evaluation of specific criteria contained in statutes and regulations. Since these are objective criteria, there is no room for arbitrariness.

The best protection against arbitrariness, of course, is to have a competent person who monitors the actions of those who will be handling your case.

In addition, in the event of a refusal, the law requires the immigration officer to demonstrate why the person does not meet the selection criteria. Thus, at this stage, the burden of proof is reversed and decisions may be reviewed by the Court in cases where they are unfounded or properly justified. The evaluation methods of the two processes are therefore totally different, since they are applied for different purposes.

18 Nordique, La Sarre QC, QC J9Z3R8

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Phone       +1 514 613 5413


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