An Electronic Travel Authorization (eTA) is a mandatory entry requirement for visa-exempt foreign nationals traveling to Canada by air. Linked electronically to the traveler’s passport, the eTA permits temporary visits for tourism, business, or transit. While most eTAs are processed swiftly, it is critical to ensure the accuracy of the application. Canadian and U.S. citizens and permanent residents (among others) are exempt from requiring an eTA.

A temporary resident visa (TRV) is an official document issued by a Canadian visa office that permits foreign nationals to enter Canada for a limited time, when they are not eligible for an eTA. TRVs are required for individuals intending to visit, study, or work in Canada temporarily. A TRV alone does not confer legal status in Canada; it only allows entry. For those planning to study or work, additional permits (study or work permits) may be required prior to travel.

A visitor record allows individuals already in Canada to extend their stay beyond the original entry period. Unlike a visa, a visitor record does not grant entry but allows continued legal presence in Canada for tourists and for other valid reasons. These highly discretionary applications must be submitted before status expires to avoid any interruptions in legal status.

A study permit is required for foreign nationals wishing to pursue education in Canada. Applicants must first be accepted by a Designated Learning Institution (DLI) and demonstrate sufficient financial resources, as well as the intent to leave Canada upon completing their studies. The Canadian international student program is constantly evolving, particularly in terms of application requirements and eligibility, part-time work eligibility, post-graduation work permit eligibility, and admission limits. It is crucial to submit a comprehensive application and remain in compliance with immigration regulations throughout the duration of the study period.

An LMIA is a document that Canadian employer may require to hire a foreign worker. The LMIA application process is cumbersome because the employer must demonstrate that hiring foreign nationals will not negatively affect the Canadian job market. Employers must meet specific advertising and reporting requirements, in addition to making commitments to protect the Canadian workforce and the foreign worker. There are over 20 different LMIA categories, each with their own regulatory and/or policy requirements. An approved LMIA is typically required before a foreign national can apply for a work permit.  An LMIA-based work permit application will require substantial proof related to the requirements for the specific LMIA obtained, in addition to meeting the normal regulatory work permit requirements.

In some cases, individuals may qualify to enter Canada without a work permit if they are engaging in specific activities such as after-sales service, guest speaking, or emergency repair work. While these individuals may not require a work permit, they must still secure the proper authorization to enter and work in Canada.  Securing the authorization involves a port of entry application with documentation.  At BARTLAW LLP, we equip employers and their foreign workers with the necessary authorization application package so that they may enter Canada to complete their assignment.

Foreign nationals can work remotely for non-Canadian employers while physically located in Canada without requiring a Canadian work permit, if their activities do not involve entering the Canadian labor market. We help ensure compliance with Canadian immigration regulations for individuals seeking remote work arrangements and prepare the necessary entry application documentation to maximize success of approval.

Certain temporary residents may bring their spouses and dependent children to Canada to study or work. Eligibility depends on factors such as the foreign worker’s occupation or the student’s age and/or program of study. Spousal work and study privileges vary based on labor market conditions and immigration policies, so staying informed about current regulations is essential.

Canada occasionally implements temporary programs in response to crises, conflicts, or labor shortages. Examples include the Canada-Ukraine Authorization for Emergency Travel and temporary policies allowing international students to work more than their regular part-time hours per week. BARTLAW LLP is current on these changes and helps clients benefit from these programs without compromising their other immigration options.

At BARTLAW LLP, we ensure our clients have the legal support they need to successfully navigate the intricacies of Canadian temporary residency laws and policies.

Individuals who are inadmissible to Canada due to medical, criminal, or regulatory non-compliance issues may still be permitted entry by obtaining a Temporary Resident Permit (TRP). For instance, a skilled worker with a past criminal conviction seeking entry may apply for a TRP along with their work permit application.

To qualify for a TRP, applicants must demonstrate that their need to enter or remain in Canada outweighs any potential risk to Canadian society’s health or safety. A TRP serves as a temporary waiver of inadmissibility, allowing entry for a defined period. However, TRPs are discretionary and require extensive supporting documentation to establish the necessity of the applicant’s presence in Canada. Processing times can be lengthy, and failure to secure a TRP may result in temporary or permanent entry prohibitions. Our services include assisting applicants in preparing thorough TRP applications, compiling all necessary documentation, and presenting cases in the most compelling light to maximize the chance of securing entry.

Those who are criminally inadmissible may have their inadmissibility removed permanently through the criminal rehabilitation process.

Deemed Rehabilitation may apply to individuals who committed a single minor offense considered “regular criminality” under Canadian immigration law, provided that a sufficient amount of time has passed since the offense.

Individual Rehabilitation involves an application to Immigration, Refugees and Citizenship Canada (IRCC) to clear an individual’s inadmissibility permanently. Once approved, individuals no longer need a TRP to enter Canada. This option is available to individuals who have completed their sentences and demonstrated good behavior for a minimum period, which is usually at least five years post-sentence. The application process for rehabilitation requires comprehensive documentation detailing the offense, evidence of rehabilitation efforts, and proof that the applicant poses no risk to Canadian society.

Knowingly failing to disclose any material fact, such as medical or criminal inadmissibility, to IRCC or a CBSA officer constitutes misrepresentation. This can result in a five-year entry ban, with potentially stricter consequences for repeat offenses. If misrepresentation occurs at the border, it may also lead to detainment.

If IRCC alleges misrepresentation on a Canadian application, the applicant typically has an opportunity to respond (called a Procedural Fairness Letter). Given the evolving nature of case law in this area, preparing a thoroughly documented and persuasive response is crucial to avoid a ban. Claims of ignorance, error or misunderstanding of the law, or unintentional misrepresentation by a representative (whether paid or unpaid) are generally insufficient to prevent a ban.

Canadian authorities may place an enforcement flag on an individual’s immigration record due to past immigration violations, criminal activity, or non-compliance with immigration laws. This flag can lead to automatic referral to secondary processing at the border, delays in future application processing, or outright denial of entry into Canada.

To request the removal of an enforcement flag, individuals must show that the issues prompting the flag have been resolved or that adequate time has passed since the violation. This typically involves submitting comprehensive documentation and a compelling case to the Canada Border Services Agency (CBSA) through appropriate channels.

Navigating Canada’s complex admissibility requirements can be challenging, especially when past issues affect an applicant’s ability to enter or stay in the country. Our experienced immigration team is committed to providing personalized guidance and strong advocacy to address inadmissibility concerns effectively—whether through securing a Temporary Resident Permit, pursuing criminal rehabilitation, responding to allegations of misrepresentation, or removing an enforcement flag.