Section 11 — Application before entering Canada
Text of provision
(1) A foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
(1.01) Despite subsection (1), a foreign national must, before entering Canada, apply for an electronic travel authorization required by the regulations by means of an electronic system, unless the regulations provide that the application may be made by other means. The application may be examined by an officer and, if the officer determines that the foreign national is not inadmissible and meets the requirements of this Act, the authorization may be issued by the officer.
(1.1) A designated foreign national may not make an application for permanent residence under subsection (1)
(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.
(1.2) The processing of an application for permanent residence under subsection (1) 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.
(1.3) The officer may refuse to consider an application for permanent residence made under subsection (1) 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 (1.1) or (1.2).
(2) The officer may not issue a visa or other document to a foreign national whose sponsor does not meet the sponsorship requirements of this Act.
Plain English
Section 11 establishes the general rule that foreign nationals must obtain a visa or other required document before entering Canada. An officer must be satisfied that the applicant is not inadmissible and meets all requirements of IRPA before issuing the document.
The requirement to obtain a visa in advance applies unless the person is exempt under the Regulations (IRPR). For example, citizens of certain countries are exempt from the requirement to obtain a temporary resident visa (though they may still need an Electronic Travel Authorization).
Section 11(1.01) provides that an officer may not issue a temporary resident visa unless the officer is satisfied the foreign national will leave Canada by the end of the period authorised.
Practical effect
The prior-entry requirement in s 11 means that most immigration applications are processed abroad. An officer's refusal to issue a visa is a decision that can be challenged by judicial review in the Federal Court.
The standard of review for visa officer decisions is reasonableness. The officer need not provide detailed reasons in routine cases, but must consider the prescribed factors and must not rely on irrelevant considerations.