Every person seeking to enter Canada must satisfy a border officer that they have the right or authorization to enter. Even if you have a valid visa, the officer at the port of entry makes the final decision.
(1)Every foreign national, other than a foreign national referred to in section 19, who seeks to enter or remain in Canada must establish, (a)to become a permanent resident, that they hold the visa or other document required under the regulations and have come to Canada in order to establish permanent residence; and (b)to become a temporary resident, that they hold the visa or other document required under the regulations and will leave Canada by the end of the period authorized for their stay.
(1.1)A foreign national who is the subject of a declaration made under subsection 22.1(1) must not seek to enter or remain in Canada as a temporary resident.
(2)A foreign national referred to in subsection 9(1) must also establish, to become a permanent resident, that they hold a document issued by the province indicating that the competent authority of the province is of the opinion that the foreign national complies with the province’s selection criteria.
20.1 (1) The Minister may, by order, having regard to the public interest, designate as an irregular arrival the arrival in Canada of a group of persons if he or she (a)is of the opinion that examinations of the persons in the group, particularly for the purpose of establishing identity or determining inadmissibility — and any investigations concerning persons in the group — cannot be conducted in a timely manner; or (b)has reasonable grounds to suspect that, in relation to the arrival in Canada of the group, there has been, or will be, a contravention of subsection 117(1) for profit, or for the benefit of, at the direction of or in association with a criminal organization or terrorist group. (2) When a designation is made under subsection (1), a foreign national — other than a foreign national referred to in section 19 — who is part of the group whose arrival is the subject of the designation becomes a designated foreign national unless, on arrival, they hold the visa or other document required under the regulations and, on examination, the officer is satisfied that they are not inadmissible. (3) An order made under subsection (1) is not a statutory instrument for the purposes of the Statutory Instruments Act. However, it must be published in the Canada Gazette.
20.2 (1) A designated foreign national may not apply to become a permanent resident (a)if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made; (b)if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or (c)in any other case, until five years after the day on which they become a designated foreign national. (2) The processing of an application for permanent residence of a foreign national who, after the application is made, becomes a designated foreign national is suspended (a)if the foreign national has made a claim for refugee protection but has not made an application for protection, until five years after the day on which a final determination in respect of the claim is made; (b)if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or (c)in any other case, until five years after the day on which the foreign national becomes a designated foreign national. (3) The officer may refuse to consider an application for permanent residence if (a)the designated foreign national fails, without reasonable excuse, to comply with any condition imposed on them under subsection 58(4) or section 58.1 or any requirement imposed on them under section 98.1; and (b)less than 12 months have passed since the end of the applicable period referred to in subsection (1) or (2).