Visitor Record | Toronto Lawyer

This service is for foreign nationals in Canada who want to extend their stay as visitors or change their temporary resident category to visitor.

It may be suitable for:

• visitors who want to remain in Canada beyond their current authorized stay;
• workers whose work permits are expiring and who want to remain as visitors;
• students whose study permits are expiring and who want to remain as visitors;
• spouses or partners awaiting a family sponsorship or permanent residence decision;
• parents or grandparents extending a family visit;
• Super Visa holders seeking to extend their current authorized stay;
• family members with different temporary resident expiry dates;
• applicants with several previous extensions or lengthy stays in Canada;
• applicants with prior visitor record refusals; and
• applicants uncertain about when their temporary resident status expires.

This service may also assist applicants who need to determine whether a visitor record, work or study permit extension, restoration application or departure from Canada is the appropriate next step.

Legal representation for a visitor record application may include status review, eligibility assessment, evidence planning, application preparation and legal submissions.

Eligibility and Strategy

• review of passports, entry stamps, visitor records, work permits and study permits;
• determination of the applicant’s status expiry date;
• assessment of eligibility to extend or change temporary resident status;
• review of compliance with the conditions of the previous stay;
• assessment of the purpose and proposed length of the extension;
• review of available funds and financial support;
• assessment of temporary intent and any pending permanent residence application;
• review of previous extensions, refusals or immigration concerns; and
• consideration of restoration or another immigration strategy where appropriate.

Evidence and Documentation

• proof of identity and current temporary resident status;
• evidence explaining the purpose of the continued stay;
• proof of accommodation and financial support;
• letters and financial documents from a supporting family member or host;
• evidence of family, employment, financial or other ties outside Canada;
• proof of a pending sponsorship or permanent residence application;
• documents addressing previous refusals or compliance concerns; and
• organization of the supporting evidence into a coherent application package.

Application Preparation

• preparation or review of the required immigration forms;
• drafting of legal submissions addressing eligibility and temporary intent;
• explanation of the requested extension and financial arrangements;
• review of consistency across the forms, submissions and supporting documents;
• online submission of the application to IRCC; and
• monitoring of IRCC correspondence through to a decision.

Complex Situations

Legal representation may be especially useful where the status expiry date is unclear, the deadline is approaching, the applicant is changing from worker or student to visitor, several extensions have already been granted, a permanent residence application is pending, financial support comes from another person, the applicant has limited ties outside Canada or a previous visitor record application was refused.

Legal assistance is recommended where the visitor record application requires a structured explanation of temporary intent, financial support or the applicant’s immigration history.

This may include situations where:

• the applicant is uncertain when their temporary resident status expires;
• there is no entry stamp or handwritten expiry date in the passport;
• fewer than 30 days remain before status expires;
• the applicant has already spent an extended period in Canada;
• the applicant has received several previous visitor extensions;
• a work permit or study permit is approaching expiry;
• the applicant wants to change from worker or student to visitor;
• a sponsorship or permanent residence application is pending;
• another person will financially support the applicant;
• the applicant has limited personal funds or ties outside Canada;
• family members have different status expiry dates;
• the applicant has previous refusals or compliance concerns; or
• temporary resident status may already have expired.

Visitor record refusals commonly involve concerns about temporary intent, the purpose or length of the requested stay, insufficient financial evidence, previous lengthy stays, weak departure plans, non-compliance or inconsistent information.

A refusal should be reviewed before reapplying. Depending on the circumstances, the next step may involve obtaining the officer’s notes, preparing a stronger new application, applying for restoration where eligible, submitting a reconsideration request or seeking judicial review at the Federal Court.