Visiting Canada: the elusive doormat.

• Author: Aujla, S. David
• Position: Feature on Immigration Law

Whether the Canadian welcome mat remains at the door or whether it is yanked from under the feet of a prospective visitor, depends where the visitor calls home.

Each year Canada opens its doors to millions of visitors who, as holders of the "temporary resident visa", come to travel, work, or study here.

The temporary resident visa was created to make it clear that there is a distinction between the basis upon which a foreign national seeks entry into Canada, (that is either as a permanent resident or a temporary resident), and the activity that the foreign national intends to undertake while in Canada temporarily (Immigration Manual OP11, Temporary Residents, s.5.1, 5.2).

Foreign nationals are allowed into Canada as temporary residents by privilege. An Immigration Officer will not issue a temporary resident visa unless he or she is satisfied that the applicant will leave Canada at the end of the period authorized for their stay. Foreign nationals must satisfy both the Officer abroad and at the Port of Entry, that they have the ability and willingness to leave Canada at the end of the temporary period authorized, regardless of whether they will or have applied for permanent residence.

Under the current immigration policy, there are 46 countries (1), whose citizens are given a visa-exempt status to enter Canada (see end of article). So if the person is a citizen of the United States, the European Union or a handful of Caribbean countries, a simple plane ticket to Canada or a drive to the border is all that is required to put the person in front of a Port of Entry Immigration Officer who cursorily asks details of citizenship, destination in Canada, and the length of time required to be in Canada. No previous examination in their home country is required for such visa-exempt citizens before they come to Canada.

Statistics reveal that over 80% of the forty-four million overnight visitors recorded per year, cite their origin as the United States and the majority of the remainder come from these visa-exempt countries (Statistics Canada, CANISM, Table 427-0001).

So what about the rest of the world? What about the one hundred and forty or so other nations whose citizens want to come to Canada to take advantage of the Canadian Government's immigration policy objective which is to promote " ... trade, commerce, tourism, international understanding and cultural, education and scientific activities" (IRPA s. 3(g).

Herein lies the problem in Canada's...