Distinction between Visitor Visa and Permanent Visa

 

It is important to distinguish between 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 have applied for a visitor visa do not understand the reason for the decision made 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 is therefore based on the certainty of the visa officer that the applicant for the temporary visa will indeed leave the country at the end of the period granted. The visa officer therefore relies on his impression taking into account several factors, 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 the possibility of appeal. This is normal because, according to the law, it is up to the applicant to prove that he will leave the country when his visa expires. In addition, it is the visa officer's responsibility to protect the entry into Canada of future illegal immigrants.

Unlike temporary visas, applications for permanent residence do not depend on the impression of the officer, 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 monitors the actions of the people who will handle your file.

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 distinct, since they are applied for different purposes.