I just want to visit Canada for two weeks. Why does Immigration Canada believe that I won’t leave?Canadian Flag

It’s common sense that if someone visits your house, you expect them to leave at the end of their visit. If they don’t leave, even after you tell them to, you would call the police! Unfortunately, Canada tends to receive a number of unwanted, uninvited or overstayed visitors in general. As a result, it makes Immigration Canada very cautious with who they let in.

Legally speaking, there is a legal presumption (or assumption) that any person seeking to enter into Canada is presumed to be an immigrant, and it is up to the applicant (visitor) to argue or win over this presumption (Danioko v. Canada 2006 FC 479).  In other words, Immigration Canada will assume that a visitor won’t leave Canada at the end of their visit, UNLESS the visitor convinces Immigration Canada that they will leave on a balance of probability (more than 50% of chance).

If a visitor cannot convince Immigration Canada that there is more than 50% of chance for their departure after their visit, Immigration Canada will most likely not grant a visitor’s permit.

Lesson: to argue that you will leave Canada at the end of your visit, you must prove why you must return to your home country. Examples for why you would have to return could be immediate family (especially spouse or minor children), strong job situations (i.e. professional or critical jobs), or strong attachment to your home country (i.e. assets, credentials, business interests, etc.).

For your specific situations, please contact our office for a full consultation, since this information is general information only.