Regulation 179 — Issuance of temporary resident visa
Text of provision
An officer shall issue a temporary resident visa to a foreign national if, following an examination, it is established that the foreign national
(a) has applied in accordance with these Regulations for a temporary resident visa as a member of the visitor, worker or student class;
(b) will leave Canada by the end of the period authorized for their stay under Division 2;
(c) holds a passport or other document that they may use to enter the country that issued it or another country;
(d) meets the requirements applicable to that class;
(e) is not inadmissible;
(f) meets the requirements of subsections 30(2) and (3), if they must submit to a medical examination under paragraph 16(2)(b) of the Act; and
(g) is not the subject of a declaration made under subsection 22.1(1) of the Act.
Plain English
Regulation 179 sets out the conditions under which an officer must issue a temporary resident visa. An officer shall issue a TRV if the foreign national:
- will leave Canada by the end of their authorised period;
- holds a valid passport or travel document;
- is not inadmissible;
- meets the financial requirements to support themselves and any dependants;
- has no intention to work or study unless authorised; and
- is not a person who must comply with an order made in respect of a removal.
Practical effect
The "will leave Canada" requirement is the central discretionary element in temporary resident visa decisions. Officers assess dual intent (ties to home country, employment, family, assets) to determine the likelihood of overstaying. Citizens of visa-exempt countries who are travelling by air must instead hold an Electronic Travel Authorization (eTA).
TRV decisions are made by IRCC visa offices and are not generally subject to merits review. They are subject to judicial review in the Federal Court, where the reasonableness standard applies.