It is widely known that student visas and temporary work permits may be renewed in Canada without the requirement of applying from abroad. But, under certain sections of the Immigration Act, an immigration officer may also vary or cancel any terms and conditions subject to which a person is granted landed immigrant status or temporary entry.

Further, prescribe terms and conditions may be added.

The obvious benefit of this flexibility has been felt by business immigrants who have requested an extension to the time required to satisfy the condition of opening up a business.

This requirement must usually be met within two years of entry, but extension could be requested based on considerations such as illness or an unexpected recession in the applicant's business sector.

Business immigrants can also request variation of conditions whereby acceptance was subject to employing one full-time Canadian or permanent resident worker.

Others to whom immigration officers may wish to show discretion include landed immigrants who entered Canada with the condition of marrying their fiance(e)s within 90 days of the date of entry.

Under certain circumstances an extension of that deadline may be granted.

The immigration Act has given in Section 17 2 (a) the right of an immigration officer to vary any of the terms and conditions imposed on landing.

There is no restriction imposed by statute anywhere and the nature of the discretion would appear to be very broad.

This section of the Immigration Act gives the officer full rein to use common sense in varying conditions imposed by the port of entry officer.

It is at the port of entry that conditions are imposed but the immigration officer who is posted within Canada has the right to vary them.

In Conclusion, it should be noted that when immigrants enter Canada with certain conditions they are asked to report to immigration officers on a regular basis to update them on the progress of, for example, their business ventures.

It is at these meetings that the immigrant may request cancellation or variation of terms or conditions, naturally with proper justification.

Obvious beneficiaries of the discretionary power given to immigration officers are business immigrants who may need to request an extension to the time required to satisfy their main condition of entry - opening a business.

Other immigration issues dealt with by Mitchell Brownstein in Canada News last year include:

• Aspects of how immigration to Quebec differs from the rest of Canada. (October)
• How to appeal if you fail the medical when applying to immigrate (August)
• Visa requirements for overseas workers; How to avoid deportation if you are convicted in Canada; Guarding against cultural confusion (July)
• How skilled applicants can give themselves a head start with their applications (June)
• How immigrants can save money by knowing which of their possessions can be brought to Canada duty-free (May).

Legal Services		Immigration Services