Regulation 20 — Selection criteria — temporary residents
Text of provision
(1) An officer shall determine that a foreign national is inadmissible on health grounds if the officer determines that the foreign national’s health condition is likely to be a danger to public health or public safety or, except for a foreign national referred to in subsection 38(2) of the Act, might reasonably be expected to cause excessive demand.
(2) Before determining that the foreign national’s health condition is likely to be a danger to public health or public safety, the officer shall consider any opinions of an officer who is assessing the foreign national’s health condition.
(3) Before determining that the foreign national’s health condition might reasonably be expected to cause excessive demand, the officer shall consider
(a) any opinions of an officer who is assessing the foreign national’s health condition; and
(b) any relevant non-medical factors, including
(i) the foreign national’s intent and financial ability to mitigate any excessive demand, and
(ii) the feasibility of a mitigation plan, if any, submitted by the foreign national.
Plain English
Regulation 20(1) provides that an officer must be satisfied that a foreign national applying for temporary resident status will leave Canada at the end of their authorised period of stay, and will not work or study in Canada without being authorised to do so. The selection criteria for temporary residents focus on bona fide purpose and temporary intent.
Officers assess factors such as: purpose of visit, ties to home country, financial ability to support the stay, and previous immigration history with Canada.
Practical effect
The core question in every temporary resident assessment is whether the officer is satisfied the person is genuinely a temporary resident who will leave at the end of their authorised stay. This is the "genuine temporary resident" test. Factors that raise concerns include: previously overstaying in Canada, close family ties in Canada, lack of stable employment or assets in the home country, and vague or implausible stated purposes. The officer's assessment is highly discretionary and there is no right of appeal from a visa refusal (only judicial review with leave).