Immigration is never easy. the rules are complex and - in your ignorance of them- it is easy for misunderstandings to occur. Here, Mitchell Brownstein, Attorney, Canadian Immigration explains some of the complexities.

Further, under certain sections of the immigration act, an immigration officer may vary or cancel any terms and conditions subject to which a person is granted landed immigrant status or temporary entry. Further, he may add terms or conditions of a prescribed nature.

The request for variation of conditions can include a request by an immigrant who has come as an Entrepreneur (Business Immigrant) whereby his acceptance was subject to his business employing one full time Canadian or permanent resident worker. Another request by a business immigrant could be for an extension of the time required to satisfy the condition of opening up a business which usually must be accomplished within two years of entry. The extnesion of the business condition could be requested based on considerations such as illness or an expected recession in his business sector.

A landed immigrant who entered Canada as a fiancee with the condition that the couple must marry within 90 days of the date of entry, may under certain circumstances ask for an extension of that condition. The Immigration Act allows an immigration officer to vary any of the terms and conditions imposed on landing. There is no restriction imposed by statue anywhere and the nature of the discretion would apear to be very broad. This section of the Immigration Act gives the officer full discretion to use his common sense in making decisions that vary conditions that were imposed by the Port of Entry officer.

In conclusion, it should be noted that in certain circumstances conditions and terms can be varied or cancelled and it is within the discretion of the immigration officer who uses his common sense that any such variations or cancellation will be granted. Further, when immigrants enter Canada with certain conditions, they are asked to report to an immigration officer on a regular basis to update them on the progress of their business venture, for example. It is at these meetings that the immigrant may request cancelation or variation of terms or conditions, naturally with proper justifications.

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