Visitor Record - Needed for shorter than 6 months visit?

[itsleito]

Hello,

My mother recently came to Canada on a visitor visa. Although she has never stayed more than 6 months on a single entry to Canada, she has been temporarily residing here for family reasons. In other words, although she does not stay longer than 6 months, in a given year, she stayed in Canada for more than 6 months (e.g. 10 months last year).

In her most recent entry to Canada, the Border agent told her that he had the right to deny her entry, and that she needed to apply to a visitor record. I am very confused as to why she would need this document. From what it looks like, this is a document meant for people wanting to stay longer than the standard 6 months for a visitor visa. What am I missing here?

Thanks.

 

[Buletruck]

Hello,

My mother recently came to Canada on a visitor visa. Although she has never stayed more than 6 months on a single entry to Canada, she has been temporarily residing here for family reasons. In other words, although she does not stay longer than 6 months, in a given year, she stayed in Canada for more than 6 months (e.g. 10 months last year).

In her most recent entry to Canada, the Border agent told her that he had the right to deny her entry, and that she needed to apply to a visitor record. I am very confused as to why she would need this document. From what it looks like, this is a document meant for people wanting to stay longer than the standard 6 months for a visitor visa. What am I missing here?

Thanks.

Looks like your mother frequent and extended stays in Canada have caught the attention of CBSA. As a visitor, there are expectation you spend more time in your home country than in Canada. With 10 months last year, it seems to CBSA that she is attempting to live in Canada. After her next departure, it would probably be wise she remain in her home country for an extended period. Don't be surprised if she has further encounters with CBSA in the future, as they have possibly flagged her.

 

[Ponga]

Hello,

My mother recently came to Canada on a visitor visa. Although she has never stayed more than 6 months on a single entry to Canada, she has been temporarily residing here for family reasons. In other words, although she does not stay longer than 6 months, in a given year, she stayed in Canada for more than 6 months (e.g. 10 months last year).

In her most recent entry to Canada, the Border agent told her that he had the right to deny her entry, and that she needed to apply to a visitor record. I am very confused as to why she would need this document. From what it looks like, this is a document meant for people wanting to stay longer than the standard 6 months for a visitor visa. What am I missing here?

Thanks.

It is important to understand that a Canadian citizen or Permanent Resident has the right to enter Canada. Your mother is a foreign national seeking entry into Canada and will be assessed by a CBSA officer to determine if she is allowed to enter. Your mother's prior travel history to Canada can certainly be a factor in the officer's decision.

As an aside, if your mother spent 10 out out 12 months in Canada last year, she may have been deemed to be a tax resident of Canada, even if she had not worked in Canada. Might be worth looking into.

 

[itsleito]

That makes sense now. I will apply to it. It's kinda ironic how it takes almost 7 months to process, but at least now we will have an application to show next time my mother flies in.

Thank you to both of you!

 

[canuck78]

It is important to understand that a Canadian citizen or Permanent Resident has the right to enter Canada. Your mother is a foreign national seeking entry into Canada and will be assessed by a CBSA officer to determine if she is allowed to enter. Your mother's prior travel history to Canada can certainly be a factor in the officer's decision.

As an aside, if your mother spent 10 out out 12 months in Canada last year, she may have been deemed to be a tax resident of Canada, even if she had not worked in Canada. Might be worth looking into.

She isn’t a tax resident she is a visitor.

 

[canuck78]

That makes sense now. I will apply to it. It's kinda ironic how it takes almost 7 months to process, but at least now we will have an application to show next time my mother flies in.

Thank you to both of you!

Was she given the full 6 months? There may gage been something lost in retelling the story. This may have yo do with her leaving Canada for a short amount of time and returning versus applying for a visitor record. She has been nicely warned that she is spending too much time in Canada and can not live in Canada. Next time she tries to reenter or applies for a visitor record she may not be able to enter or get an extension. She should plan on returning home for an extended amount of time and applying for an extension of her current stay is probably not advisable either although impossible to know whether the VO will be more lenient than CBSA. Her file is likely flagged at this point for review if she continues to try and live in Canada. It also looks like she may have been staying in Canada for an extended period of time while you were a student and on PGWP. Are you a PR now?

 

[Ponga]

She isn’t a tax resident she is a visitor.

Are you saying that a person cannot be a visitor and a tax resident simultaneously? Once a visitor spends more than 183 days in Canada in a single year (which the OP's mother has) why would they not be?

Not arguing, just asking the question.

 

[canuck78]

Are you saying that a person cannot be a visitor and a tax resident simultaneously? Once a visitor spends more than 183 days in Canada in a single year (which the OP's mother has) why would they not be?

Not arguing, just asking the question.

As a visitor you aren’t even entitled to a SIN# so you can’t be a tax resident.