Canadian Visa for Thai

Canada is indeed one of the most wonderful tourist destinations in the world. It boasts out of this world scenery and majestic nature’s beauty. Canada is a country that has much more to offer to its visitors, from island sights to scenic mountain waterfalls. Stretching from the Atlantic to the Pacific coasts, this former French and British colony has a rich heritage from the North Coast Indians of British Columbia to the French explorers of Quebec. Since both French and English are the national languages, a visit to Canada is like visiting two countries. Indeed, Canada has appeal for travelers who are interested in nature and cosmopolitan cities.

At Siam Attorney, we offer visa assistance for Canadian Tourist Visa (Temporary Resident Visa), Canadian Spousal Visa (Outland Spousal Sponsorship Visa) and Business Visitors Visa.

Please be guided of the following details about traveling as a tourist to Canada below. All details are in reference to Government of Canada – Immigration and Citizenship.

Table of Contents:

1) How can I travel to Canada as a Tourist? 2) What is a Temporary Resident Visa (TRV)? 3) Eligibility of the Temporary Resident Visa (TRV) 4) Criminal Inadmissibility for Foreigners who want to visit Canada 5) Medical Admissibility Requirements for Foreigners who want visit Canada 6) How can I travel to Canada with Spousal Visa? 7) What is the Canadian Spousal Visa (Outland Spousal Sponsorship Visa)? 8) Duration of the Canadian Spousal Visa application process 9) Eligibility for Canadian Spousal Visa 10) After the Sponsorship program 11) How can I travel to Canada as a Business Visitor? 12) What is a Business Visitor Visa? 13) Eligibility for the Business Visitor Visa 14) Siam Attorney is here to assist your Canadian Visa Application

1.      How can I travel to Canada as a Tourist?

Unless they are citizens of a visa-exempt country, individuals who wish to enter Canada for a temporary purpose, such as tourists, temporary foreign workers (individuals with work permits) and international students (individuals on study permits) must apply for and be granted a Temporary Resident Visa (TRV) which means a short-term visa/stay in Canada. This is applicable for Thai Citizens. As Thailand is listed as one of the countries who needs to get Temporary Resident Visa for its citizens to be able to travel to Canada.

2.      What is a Temporary Resident Visa (TRV)?

The TRV is a document issued by a Canadian Immigration Visa Office outside Canada, showing that the holder has satisfied the requirements for admission to Canada as a visitor. TRVs may be for single entry or multiple entry. As a general rule, tourists are admitted for a period of six months. Temporary foreign workers and international students are admitted for varying periods of time, as determined on a case-by-case basis. Extensions may be applied for from within Canada.

It is important to note that possession of a valid TRV does not necessarily mean that the Officer at the Canadian Port of Entry will admit the visitor into Canada. At the Port of Entry, all visitors must demonstrate that the purpose of their visit to Canada is of a temporary nature. Officers at the Port of Entry will deny admission to all persons who, in their opinion, do not intend to leave Canada at the expiry of their visitor status.

3. Eligibility of the Temporary Resident Visa (TRV)

  • Certain applicants may need to undergo a medical examination. This pertains to some individuals who intend to remain in Canada and have recently visited certain countries, as well as persons who intend to work in certain occupations in Canada.
  • Thai Citizens are required to undergo a medical examination if planning to stay for more than six months.

If you plan to visit for six months or less:

  • You generally do not require a medical exam, unless you plan to work in certain occupations.

If you plan to visit for more than six months:

You will need a medical exam if you:

  • have lived temporarily for six or more consecutive months
  • will come to Canada to work in an occupation in which public health must be protected.

individuals working in certain occupations are required to undergo a medical exam, regardless of the length of time they intend to stay in Canada. This list of occupations includes:

  • workers in the health sciences field,
  • clinical laboratory workers,
  • patient attendants in nursing and geriatric homes,
  • medical students admitted to Canada to attend university,
  • medical electives and physicians on short-term locums,
  • teachers of primary or secondary schools, teachers of small children
  • domestics,
  • workers who give in-home care to children, the elderly and the disabled,
  • day nursery employees, and
  • other similar jobs.
  • Criminality and medical issues may prevent a visitor from entering Canada.
  • Visitors to Canada must be able to prove their ability to support themselves during their intended temporary stay in Canada.
  • Citizens of certain countries may need to provide biometric information. To learn which countries this applies to, click here.

4.      Criminal Inadmissibility for Foreigners who want to visit Canada

Criminal inadmissibility may affect the following individuals:

For convictions outside Canada, if he or she has:

  • been convicted outside Canada of an act that, if committed in Canada, would be equivalent to an indictable offence of less than ten years; or
  • been convicted outside Canada of two or more acts that, if committed in Canada, would be equivalent to summary offences; or
  • been convicted outside Canada of an act that, if committed in Canada, would be equivalent to a hybrid offence punishable by a sentence of less than ten years.

For criminal acts committed outside Canada, if he or she has:

  • committed an act that, if committed in Canada, would be equivalent to an indictable offence of less than ten years.

Individuals who have an offence on their record could be inadmissible to Canada and require special permission to enter.

This is the case when an individual performs an act that constitutes an offence in both Canada and the country in which the offence took place. Although the foreign equivalent of a Canadian criminal code infraction is the most common cause of inadmissibility, an offence that equates to a violation of any Canadian Federal law also results in inadmissibility. Examples of such laws include the drugs and controlled substances act, and the income tax act.

What an individual must do in order to overcome this inadmissibility and gain entry to Canada will depend on the classification of the offence and the length of time that has elapsed since the completion of the sentence.

Sentences can consist of many possible sanctions a judge might institute to punish the commission of an offence. These can include jail time, probation, fines, license suspension, deportation, and others. When more than one such measures is imposed, it is the date of completion of the final one that is taken into account for the purposes of Canadian inadmissibility.

  • Less than five years since completion of a sentence

During this time frame, the individual must apply for a Temporary Resident Permit (TRP) in order to enter Canada legally. This is a temporary waiver of inadmissibility that allows an individual who would otherwise be inadmissible to enter Canada for a specific reason and for a specific amount of time, up to a maximum of three years. In order to be granted a TRP, the individual must have a reason for coming to Canada, and immigration authorities must not determine him or her to be a threat to Canadian society. Because this determination involves a subjective component, it is important for individuals to submit a well prepared and compelling TRP application package.

  • More than five years, but less than 10 years, since completion of a sentence

After the five-year benchmark has been reached, an individual may be eligible to apply for criminal rehabilitation. Upon approval of this application, he or she will have a clean slate as it concerns the ability to enter Canada legally. There will no longer be any hindrances relating to the previous conviction(s), and the individual will be able to enter and leave Canada, provided, of course, that he or she doesn’t commit another offence and complies with any applicable visa requirements. In order to be considered criminally rehabilitated, it must be demonstrated that an inadmissible individual has ‘turned over a new leaf’ since the conviction(s) and is not likely to re-offend. The approval of this application is also dependent on the subjective assessment of immigration authorities. For this reason, applicants are well served to prepare an application that conforms to what they are looking for in a rehabilitated individual.

  • 10 years or more since completion of a sentence

Once ten years have elapsed, an inadmissible individual could be deemed rehabilitated, meaning that he or she is no longer criminally inadmissible, simply as a result of the passage of time. This is only possible in cases where the individual has a single, non-serious conviction on his or her record. Even in such a scenario, however, it is nonetheless possible that the individual may encounter an issue when crossing the border. This is because border authorities have a significant amount of discretion in the exercise of their duties and, as a result, can refuse entry to individuals, even though they are no longer inadmissible as a result of deemed rehabilitation. A Legal Opinion Letter, written by an experienced Canadian immigration attorney, can be helpful in avoiding this situation.

A legal opinion letter is also useful to clear up uncertain immigration situations, particularly charges or incidents that give the impression of inadmissibility, but do not in fact make you inadmissibleThese situations also have the potential to lead to the denial of an application or refusal of entry to Canada.

5.      Medical Admissibility Requirements for Foreigners who want visit Canada

Although medical examinations are generally confined to a standard physical exam, including blood tests, urine tests, and x-rays, prior medical records and the applicant’s mental state are also examined.

Applicants may be denied a Canada Immigration (Permanent Resident) Visa solely on medical grounds, if:

  • Their condition would endanger the health or safety of the Canadian population at large; or
  • Their admission might cause excessive demand on existing social or health services provided by the government.

When determining whether any person is inadmissible on medical grounds, the medical officer is obliged to consider the nature, severity, and probable duration of any health impairment from which the person is suffering as well as other factors, such as:

  • Danger of contagion;
  • Unpredictable or unusual behavior that may create a danger to public safety; and
  • The supply of social or health services that the person may require in Canada and whether the use of such services will deprive Canadian nationals of these services.

PLEASE NOTE: When it comes to permanent residency and refusals based on health reasons, it is possible to consider seeking a legal remedy by demonstrating that the applicant will, in fact, not exceed the estimated average costs of medical treatment of Canadians or that there are important humanitarian considerations that should warrant an exception. This can be done by providing a detailed response to a fairness letter from the government prior to a refusal or by seeking a judicial review in Federal Court if the decision appears unreasonable.

6. How can I travel to Canada with Spousal Visa?

The Spousal Sponsorship program is a subsection of the Family Class immigration category. Under this program, a Canadian or permanent resident may sponsor his or her spouse/common-law partner for permanent resident status in Canada. Both the Canadian citizen or permanent resident (the sponsor) and the Thai national (the sponsored person) must be approved by Immigration, Refugees and Citizenship Canada in order for the sponsored person to receive a visa.

There are two parts to the spousal sponsorship application:

  • The Canadian or permanent resident applies to sponsor his or her spouse or common-law partner
  • The Thai spouse or common-law partner applies for permanent residence in Canada.

7. What is the Canadian Spousal Visa (Outland Spousal Sponsorship Visa)?

The Outland sponsorship route is generally chosen when the sponsored person is living outside Canada. However, it is possible for a spouse/common-law partner living in Canada to apply through the Outland program. This option may permit the sponsored person to travel in and out of Canada throughout the application process. However, it is at the discretion of Canadian immigration authorities as to whether the sponsored person may re-enter Canada during the process.

8. Duration of the Canadian Spousal Visa application process

The Government of Canada is committed to processing spousal/common-law partner sponsorship applications within 12 months from the day they are received. 

Outland applications are processed through the visa office that serves the applicant’s country of origin, or where they have resided legally for at least one year. Processing times are listed by individual countries where the application is being made, which allows couples to make better informed decisions on which sponsorship route, Inland or Outland, they should pursue. 

The Spousal Sponsorship Category

The Spousal Sponsorship program is a subsection of the Family Class immigration category. Under this program, a Canadian citizen or permanent resident may sponsor a spouse or common-law partner for Canadian permanent residence.

Both the Canadian citizen or permanent resident (also called the ‘sponsor’) and the foreign national (the ‘sponsored person’) must be approved by Immigration, Refugees and Citizenship Canada (IRCC) in order for the sponsored person to receive a visa.

In order to receive a visa through this immigration program, the sponsor and sponsored person must prove that their relationship qualifies under one of three categories:

  • Spouse
  • Common-law Partner
  • Conjugal Partner

NOTE: Canada recognizes same-sex marriage, and same-sex partners may be eligible to apply for the visa, provided they meet all eligibility requirements. This type of visa is very timely and relevant to Thailand because of the both country’s acceptance towards the LGBTQ community.

9. Eligibility for Canadian Spousal Visa

In reference to the Government of Canada – Immigration and Citizenship program, the following are the eligibility for the Canadian Spousal Visa:

Requirements for the Sponsor: (Canadian Citizen)

  • The sponsor must be at least 18 years of age;
  • The sponsor must be a Canadian permanent resident living in Canada or a Canadian citizen;
  • The sponsor cannot be in prison, bankrupt, under a removal order (if a permanent resident) or charged with a serious offence; and
  • The sponsor cannot have been sponsored to Canada as a spouse within the last 5 years.

Requirements for the Sponsored Person: (Thai Citizen)

  • The sponsored person must be at least 16 years of age and
  • The sponsored person must not be too closely related by blood to the sponsor.

Requirements for the nature of the relationship:

The applicant must prove that the relationship between the sponsor and the sponsored person qualifies under one of three categories:

  1. Spouse:This means that the Sponsor and the Sponsored Person are legally married. For those married within Canada, a Certificate of Marriage from the province or territory where the marriage took place will show that the marriage is valid. Note that same-sex marriages performed within Canada are valid for spousal sponsorship. If the marriage took place outside of Canada, it must be valid under the law of the country where it took place as well as under Canadian federal law. Same-sex marriages that took place outside of Canada are not valid for spousal sponsorship, but an application can be made under either the common-law partner or conjugal partner categories if such a relationship can be proven.
  2. Common-law partner:In order to establish a common-law relationship, the Sponsor and the Sponsored Person must cohabit continuously for at least one year, excluding brief absences for business or family reasons.
  3. Conjugal partner:Conjugal partners can be of either opposite-sex or same-sex. A sponsored person is defined as a conjugal partner if:
    • Exceptional circumstances beyond their control have prevented the applicants from qualifying as common-law partners or spouses, such as immigration barriers or legal restrictions limiting divorce or same-sex relationships; and
    • The applicants have had a mutually dependent relationship for at least one year with the same level of commitment as a marriage or a common-law union. This can require a demonstration of emotional ties and intimacy, financial closeness, such as joint ownership of assets or mutual financial support, and efforts to spend time together and reunite.

An individual cannot apply to become a sponsor if he or she:

  • did not pay an immigration loan, a performance bond and/or family support payment;
  • failed to support a previously-sponsored relative, which resulted in the sponsored individual seeking social assistance to meet his or her basic needs;
  • is under a removal order;
  • is in a penitentiary, jail, reformatory or prison;
  • receives social assistance for reasons other than a disability;
  • have filed for bankruptcy and have not received an ‘order of discharge’ by the court (he or she is still going through the process of bankruptcy);
  • were sponsored and held permanent resident status for less than five years;
  • sponsored another spouse/partner previously and three years have not passed since the sponsored spouse/partner became a Canadian permanent resident;
  • have already submitted an application to sponsor his or her current spouse/partner/child and a decision was not yet made on his or her submitted application;
  • were convicted of a violent or sexual offence or an offence that caused, attempted to cause or threatened to cause bodily harm to a relative.

10. After the Sponsorship program

Permanent residence granted under the Spousal Sponsorship program carries certain conditions that must be met:

  • The sponsor is financially responsible for the person sponsored for three years after the sponsored person becomes a permanent resident.
  • Individuals who come to Canada as spouses are themselves barred from sponsoring a spouse in turn for five years after receiving Canadian permanent residence.

11. How can I travel to Canada as a Business Visitor?

Canada is one of the world’s largest economies, attracting thousands of short-term business visitors each year. With an international market-oriented economy and as a member of the Organization for Economic Co-operation (OECD) and the Group of 7 (G7), as well as signatory to the North American Free Trade Agreement (NAFTA), Canada strives to ensure that international business visitors can come to Canada on business trips. Subject to the nature of the work, as well as the individual’s nationality, certain business visitors can enter the country to conduct business or trade activity without needing a work permit.

12.      What is a Business Visitor Visa?

A business visitor is a foreign national who comes to Canada to participate in international business activities, but who will not enter the Canadian labor market.

There are a number of reasons why an individual may come to Canada as a business visitor, including:

  • Attending business meetings, conferences, conventions, fairs, etc;
  • Buying Canadian goods or services on behalf of a foreign entity;
  • Taking orders for goods or services;
  • Providing after-sales service, excluding hands-on work in the construction trades;
  • Being trained by a Canadian parent company for work outside of Canada; and
  • Training employees of a Canadian subsidiary of a foreign company.

13. Eligibility for the Business Visitor Visa

Business visitors must demonstrate the following:

  • they plan to stay for less than six months,
  • they do not plan to enter the Canadian labor market,
  • the main place of business, and source of income and profits, is outside Canada,
  • they have documents that support their application and
  • they meet Canada’s basic entry requirements, because they
    • have a valid travel document, such as a passport,
    • have enough money for their stay and to return home,
    • plan to leave Canada at the end of your visit, and
    • are not a criminal, security or health risk to Canadians.

Business visitors to Canada may require a Temporary Resident Visa (TRV)

Allowing international business people to do business in Canada is important for the continued economic success of the country. Similarly, countries that have trade agreements and strong economic partnerships with Canada generally allow Canadian business visitors to enter their countries as smoothly as possible. Visa reciprocity is an important aspect of Canada’s business outlook and economic success.

14.      Siam Attorney is here to assist you with your Canadian Visa Application

Canadian Visa is one of the most comprehensive type of visa, it requires experience and significant knowledge to understand. The process may be overwhelming and tiring for some client that’s why it is best to seek visa assistance from trusted agencies. Siam Attorney’s Visa Assistance team is known for being resourceful and professional in terms of assisting clients with their visa application.

Siam Attorney will assist you with the following:

  • Assessment on details of applicant before starting the service.
  • Providing insight to the service that we will provide as well as our packages and charges for our services.
  • We do understand that some of our Thai clients are not that familiar with the English language. So, we will handle all application processes including translation, filling of application, preparing the documents and interview practice (if the client is invited for an interview).
  • Our staffs are well-verse in both English and Thai language, we make sure that we can assist you well without language barriers.
  • 24/7 Accessibility to our team and detailed progress report about the services.
  • Dealing with all the government office and Embassy in Thailand to represent our client.
  • Briefing the clients with all the information they need from their Visa Applications as well as the do’s and don’ts and giving them significant details about their visas.
  • Guaranteed positive output for the Visa Application.

We know how important this type of visa for our client is, that’s why we have a dedicated visa and immigration experts working hard to give the best result for Canadian Visa application. Our team assists our clients in every step of the Visa Application, we know how time consuming and complicated the process of Canadian Visas are that’s why we made sure that we have the best team available to assist our clients.

Siam Attorney will do the process for your Canadian Visa Application, for inquiries and more details about how we can help you, please do not hesitate to email us at support@siam-attorney.com or call us on the number(s) provided below.