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Visitor visa and visitor record lawyer in Brampton

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The short answer

A visitor visa (temporary resident visa) lets you travel to Canada, and a visitor record extends your stay once you are here; you must apply for one before your current status ends. Many families file these themselves. Manny Hundal steps in when a visa or extension is refused, when status has expired and restoration within 90 days is the only option, or when a past refusal, overstay or criminal record complicates the file. Judicial review at the Federal Court must start within 60 days for visas refused outside Canada and 15 days for decisions made in Canada.

When you need a lawyer

Many visitor visa and visitor record applications are simple, and families often file them on their own or with a licensed consultant. A lawyer is worth calling when:

  • Your visitor visa was refused, especially more than once
  • Your application to extend your stay (a visitor record) was refused
  • Your status has expired and you need to apply for restoration within 90 days
  • You have stayed past your authorized period before, or worked or studied without authorization
  • You have a criminal record or a past misrepresentation concern
  • The visitor also has a pending sponsorship or permanent residence application
  • You want a refusal challenged at the Federal Court, where only a lawyer can represent you, except in rare cases the court allows

How Manny helps

Manny Hundal is a Barrister & Solicitor, called to the Ontario Bar in 2013. His practice is focused on immigration law.

  • Reviewing the refusal. He reads the refusal letter and officer decision note and explains what went wrong.
  • Choosing the route. He advises whether to reapply, ask for reconsideration or seek judicial review, and acts within the deadline.
  • Restoration. If your status has expired, he prepares the restoration application and explains what you can and cannot do while it is pending.
  • Complicated files. He prepares applications where there is a past refusal, an overstay, a criminal record, a pending sponsorship or a medical issue. See inadmissibility.
  • Federal Court judicial review. Visitor visa and visitor record refusals have no tribunal appeal. He files the leave application and argues the case if leave is granted. See Federal Court judicial review.

Consultations are available in English, Punjabi and Hindi. No lawyer can promise that a visa or extension will be granted. This page is general information, not legal advice about your situation.

Deadlines

  • Visitor record (extension)

    apply before your current authorized stay ends. If you apply in time, you can generally remain under the same conditions while IRCC decides.

  • Restoration

    if your status has expired, you may be able to apply to restore it within 90 days of losing it, if you still meet the requirements for your stay and have met the other conditions.

  • Judicial review

    60 days for a visa refused outside Canada, 15 days for a decision made in Canada, such as a refused visitor record or restoration.

Visitor visas

Whether you need a visitor visa or an electronic travel authorization (eTA) depends on your passport.

  • Visitor visa (temporary resident visa, TRV)

    Citizens of visa-required countries, including India, need a visa to travel to Canada by any means. The border officer still decides whether to let you in.

  • eTA

    Citizens of visa-exempt countries need an eTA to fly to or through a Canadian airport. US citizens do not need either.

A visa officer must be satisfied that you meet the requirements and will leave Canada at the end of your authorized stay. Officers look at the purpose of the trip, your ties to your home country, your finances, your travel and immigration history, and your admissibility.

Dual intent. Section 22(2) of the Immigration and Refugee Protection Act says an intention to become a permanent resident does not stop you from being a temporary resident, as long as the officer is satisfied you will leave at the end of your authorized stay. Be open about a pending sponsorship. Hiding it is far worse than disclosing it.

Super visa. Parents and grandparents of Canadian citizens and permanent residents can apply for a super visa, which allows stays of up to five years at a time. See parent and grandparent sponsorship.

Visitor records: extending your stay

Most visitors are allowed to stay up to six months, as set by the border officer. To stay longer, you must apply for a visitor record before your current status expires. A visitor record is a document that extends your stay as a visitor; it is not a visa and does not let you re-enter Canada.

If the visitor record is refused, you no longer have status and should plan to leave or take another step quickly. Visitors should not plan to switch to a work permit from inside Canada; a temporary policy that allowed that has ended.

Restoration of status

If your status has expired, for example because you did not apply for an extension in time, you may be able to apply for restoration within 90 days. You must still meet the requirements for the stay you want and must not have breached other conditions. While restoration is pending you have no status, and you cannot work or study. A restoration refusal is a decision made in Canada, so the 15-day judicial review deadline applies.

Documents you'll typically need

Timelines

Visitor visa processing times vary widely by country and season. Check IRCC’s processing times tool. Times and fees change often, so check the IRCC page before you apply.

Common problems

Weak ties. The most common refusal ground is that the officer is not satisfied you will leave Canada.

Unexplained funds. A large deposit just before applying, with no explanation, can raise concerns.

Reapplying too quickly with the same documents.

Inconsistent information across this and earlier applications, including old applications by relatives.

Undisclosed refusals. Leaving one out can lead to a misrepresentation finding and a five-year bar.

Letting status lapse. Missing the extension date turns a simple application into a restoration case.

Frequently asked questions

There is no appeal to a tribunal. Read the refusal letter and the officer decision note IRCC now includes with most visitor visa refusals. Your options are to reapply with stronger evidence, ask the visa office to reconsider if there was a clear error, or apply to the Federal Court for judicial review. For a visa refused outside Canada, the leave deadline is 60 days. A careful new application that answers the officer’s concerns is often the practical route. Judicial review can make sense when the officer clearly ignored important evidence or the process was unfair, but if it succeeds, the Court sends the file back for a new decision rather than issuing the visa.

A refused visitor record means you no longer have status in Canada. Read the reasons carefully. You may be able to apply for restoration within 90 days if you can fix the problem, or seek judicial review at the Federal Court within 15 days, because the decision was made in Canada. Staying without status can make future applications much harder, so get advice quickly about leaving, restoring or challenging the decision.

Possibly. If you lost status within the last 90 days, you may be able to apply for restoration, as long as you still meet the requirements for your stay and have not breached other conditions. While the application is pending you have no status and cannot work or study. After 90 days, restoration is no longer available, and your options narrow considerably.

Yes, they can apply. Canadian law allows dual intent: a person can intend to immigrate later and still be a genuine temporary visitor now. The officer must still be satisfied that they will leave at the end of their authorized stay if their permanent residence is not granted by then. Disclose the pending application. For longer stays, parents and grandparents can apply for a super visa instead.

A regular visitor visa usually allows stays of up to six months at a time. A super visa is only for parents and grandparents of Canadian citizens and permanent residents and allows stays of up to five years at a time, with the option to ask for an extension of up to two years while in Canada. It requires a minimum income for the host and private medical insurance meeting IRCC’s rules.

The border officer decides when you arrive. Most visitors are allowed to stay up to six months. Your visa’s expiry date is not the same as your permitted stay. If you want to stay longer, apply for a visitor record before your status expires.

Often, no. Many visitor visa applications are filed by the applicant or the family. A lawyer is most useful when something makes the file harder: a previous refusal, an overstay, a criminal record, a medical issue, a pending permanent residence application or past misrepresentation concerns, or when you want to challenge a refusal at the Federal Court. Whoever helps you, check that they are licensed: lawyers with their provincial law society, consultants with the College of Immigration and Citizenship Consultants.

An invitation letter usually includes the host’s full name, address, phone number and status in Canada, the relationship to the visitor, the purpose and dates of the visit, where the visitor will stay and who will pay. Attach proof of the host’s status and, if the host is paying, proof of income. A letter does not guarantee a visa. Keep it factual and consistent with the rest of the application.

Visitors generally cannot work in Canada without a work permit, and a visitor who wants to work usually has to apply from outside Canada. Visitors can take short courses of six months or less without a study permit. Working without authorization can make you inadmissible and harm future applications.

This page is general information, not legal advice about your situation.

Sources

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