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Extension of Visitor Status in
Canada
by: Sergio R. Karas, Canadian Lawyer (karas@karas.ca)
It is the policy of Canada Immigration to enrich and strengthen the cultural and social fabric of Canada, to facilitate the entry of visitors for the purposes of fostering trade, commerce, tourism, cultural and scientific activities and international understanding, to foster the development of a strong and viable economy and the prosperity of all regions of Canada and to maintain and protect the health, safety, and good order of Canadian society.
A person with a valid visitor status may apply to extend his stay in Canada. Persons must complete an application and submit it to Canada Immigration, containing enough information to enable the Immigration officer to determine if the applicant is eligible to apply for an extension and for him to make a decision on the application. A fee is also charged by Canada Immigration.
Officers who examine the applications must make a decision based on the information provided. Normally, the person has indicated the additional amount of time required in Canada. The officer must consider the intentions of the person, including what he is doing in Canada, how long has the applicant been here, how long is the request for, and whether or not it is the persons objective of a temporary nature as required by the definition of a visitor. Officers must consider the reasons given by the person for applying for the extension. They must also take note of the plans made by the person and ensure they are not frivolous. Officers must also determine if the person applying for the extension is able to support himself or if someone else is willing to provide the required support. Consideration must also be given to the persons ability to leave Canada and to the arrangements he has made to return to his home country or to proceed towards another country.
Sometimes, additional information is required, in which case the officers may contact the applicant by telephone, letter, or in person if the situation warrants. After considering all the factors, the officer either approves or refuses the application. If approved, the extension can be granted for either the entire time requested or for a portion of it. After approval, the officer will prepare a Visitor Record indicating any terms and conditions imposed. The Visitor Record is either mailed to the person with appropriate letter or given to him in person. When the application is refused, the person must be advised of that fact and of the reasons for refusal. A written decision is not necessary in every case, as it could take the form of an oral communication. Refusals are entered in Canada Immigration computer records.
In some cases, visitors requesting extensions will require a medical examination. If that is the case, Canada Immigration advises them to arrange for it from a list of designated medical practitioners in their area.
Given the extreme complexity of these issues it is important that every person who intends to make any application contact a lawyer (Barrister & Solicitor), before confronting any kind of legal procedure, to obtain the appropriate advice. People must be alert and avoid seeking advise from individuals who are not lawyers and do not possess the necessary legal knowledge or appropriate supervision, and may take undue advantage of those who are not familiar with the Canadian legal system. Recently, a decision from the British Columbia Supreme Court granted the Law Society of that Province a permanent injunction against a "consultant", on the basis that he was in essence practising law without being a member of the Bar. The court decided that, in order to give legal advise to clients for a fee, a person must be a lawyer and member of the Provincial Bar. The public is advised to exercise the utmost caution in order not to jeopardize their situation, and deal only with lawyers who are members of the Bar.