Operational Bulletin 464 – September 11, 2012

New Temporary Resident Visa Requirement for Botswana, Namibia, Saint Lucia, Saint Vincent and the Grenadines and Swaziland    

Background

By law, all visitors to Canada require a Temporary Resident Visa (TRV). There is only one exception to this. This exception governs the citizens of those countries, to whom the authorities have granted an exemption. The visa requirements for travellers to Canada represent the country’s first line of defence. They help in maintaining the:

• Health of Canadian citizens
• Safety of Canadian citizens and,
• Security of Canadian citizens

Canada’s visa policy decisions revolve around a country-by-country assessment of:

• The established visa review criteria and,
• The established visa review thresholds

The Current Status

Recently, an Order in Council amended paragraph 190 (1) (a) of the Immigration and Refugee Protection Regulations (IRPR). This amendment removed the names of the following countries from the list of countries, whose nationals have an exemption from the requirement of having to obtain a Temporary Resident Visa (TRV) before they travel to Canada:

• Botswana
• Namibia
• St. Lucia
• St. Vincent and the Grenadines and,
• Swaziland

This amendment to the Immigration and Refugee Protection Regulations (IRPR) comes into effect on September 11, 2012 at 0001 hrs Eastern Daylight Time (EDT). Prior to this amendment, these citizens of Botswana, Namibia, St. Lucia, St. Vincent and the Grenadines and Swaziland required a Temporary Resident Visa (TRV) for:

• Becoming temporary residents and,
• Obtaining authorised entry into Canada

The coming into force of this amendment has brought about certain changes. Hereafter, overseas offices would need to process applications for Temporary Resident Visas (TRVs) by nationals of:

• Botswana
• Namibia
• St. Lucia
• St. Vincent and the Grenadines and,
• Swaziland

In addition, applicants would need to submit applications for Temporary Resident Visas (TRVs). They would also submit the specified processing fee along with the application, if the applicant is a citizen of:

• Botswana
• Namibia
• St. Lucia
• St. Vincent and the Grenadines and,
• Swaziland

This is in accordance with the specifications mentioned in the Immigration and Refugee Protection Regulations (IRPR).

Transactional Instructions

If citizens of Botswana, Namibia, St. Lucia, St. Vincent and the Grenadines and Swaziland has:

• Valid work or study permits, which they have not yet used for entering Canada:
• The officers would need to instruct them to send their original letters back to the visa office, along with their passports, via the mission website
• Thereafter, the officers would:
• Re-open the file
• Issue a new letter and,
• Place a counterfoil in the passport
• The officers would not levy any additional fee
• The officers would use cost recovery code M09 and add a note to the file with an explanation as to why the authorities have waived the fees
• Valid work or study permits, which they have used for entering Canada OR valid temporary resident status and they have left Canada to go anywhere other than the United States or Saint-Pierre and Miquelon:
• The applicants would need to submit a completed Temporary Resident Visa (TRV) application and,
• The applicants would also need to pay the usual Temporary Resident Visa (TRV) processing fees as applicable
• Valid work or study permits, which they have used for entering in Canada AND they plan to remain in Canada
• The authorities would enable the applicants to continue working or studying according to the validity of their permits

Port of Entry Instructions

The authorities have issued certain instructions to the port of entry officers. These instructions authorise the port of entry officers to provide a 48-hour transition period. During this transition period, the port of entry officers would need to accommodate citizens of the affected countries, who:

• Seek entry into Canada and,
• Were in transit at the time the amendment of the Immigration and Refugee Protection Regulations (IRPR) came into effect

This transition period starts from September 11, 2012 0001 hrs Eastern Daylight Time (EDT). It concludes on September 12, 2012, 2359 hrs Eastern Daylight Time (EDT).

Therefore, the officers would usually conduct examinations of foreign nationals from:

• Botswana
• Namibia
• St. Lucia
• St. Vincent and the Grenadines and,
• Swaziland

During this transition period, these officers would provide these foreign nationals with Temporary Resident Permits (TRPs), if the foreign nationals:

• Were in transit to Canada before September 11, 2012 at 0001 hrs Eastern Daylight Time (EDT) and sought to enter Canada before September 12, 2012 at 2359 hrs Eastern Daylight Time (EDT)
• Are not in possession of valid and subsisting Temporary Resident Visas (TRVs) and,
• Are not otherwise inadmissible

Thus, the officers would be able to allow various people meeting the specifications prescribed to enter Canada. In this scenario, the officers would issue all people they allow entry to, with a fee-exempt Temporary Resident Permit (TRP). They would print this Temporary Resident Permit (TRP) on form IMM 1442. They would also enter the cost recovery code as “M25” in the Field Operations Support System (FOSS).

Source: Citizenship and Immigration Canada (CIC)