Distinction between visitor visa and permanent visa


It is important to distinguish these two concepts, because the decision-making bases which allow the granting of these two types of visas are completely different. It often happens that people who applied for a visitor visa do not understand the reason for the decision rendered 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 in the territory for a limited and determined period. The heart of the decision therefore rests on the visa officer's certainty that the applicant for the temporary visa will indeed leave the country after the expiry of the period granted. The visa officer therefore relies on his impression by taking several factors into account, 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, by law, the onus is on the applicant to prove that they will leave the country when their visa expires. In addition, it is up to the visa officer to protect entry to Canada from future illegals.

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

The best protection against arbitrariness obviously remains to have a competent person who supervises the actions of the people who will handle your case.

In addition, in case of 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 can be reviewed by the Court in cases where they are
not well founded or adequately justified. The evaluation methods of the two processes are therefore completely separate, since they are applied for different purposes.

18 Nordique, La Sarre QC, QC J9Z3R8

+1 514 448 1840


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