Visa Exemption Guidelines – IIVC

The authorities have provided various details concerning the guidelines for visa exemption in R190.

Visa Exemption – Nationality

Foreign nationals receive exemption from the requirement of obtaining temporary resident visas if they:

• Are citizens of Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Brunei Darussalam, Chile, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Federal Republic of Germany, Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Papua New Guinea, Poland, Portugal, Republic of Korea, Samoa, San Marino, Singapore, Slovakia, Slovenia, Solomon Islands, Spain, Sweden or Switzerland

• Are:

  • British citizens

  • British overseas citizens who are re-admissible to the United Kingdom or,

  • Citizens of British overseas territories who derive that citizenship via birth, descent, naturalisation or registration in one of the British overseas territories of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn Island, Saint Helena or Turks and Caicos Islands or,

• Are nationals of the United States or persons who have received lawful admission to the United States for permanent residence

Visa Exemption – Documents

The authorities have granted foreign nationals an exemption from the requirement of obtaining temporary resident visas if they:

• Hold passports that contain a diplomatic acceptance, a consular acceptance or an official acceptance issued by the Chief of Protocol for the Department of Foreign Affairs and International Trade on behalf of the Government of Canada and are properly accredited diplomats, consular officers, representatives or officials of a country other than Canada, of the United Nations or any of its agencies, or of any international organisation of which Canada is a member

• Hold passports or travel documents issued by the Holy See

• Hold national Israeli passports

• Hold passports issued by the Hong Kong Special Administrative Region of the People’s Republic of China

• Hold passports issued by the United Kingdom to British Nationals (Overseas), as people born, naturalised or registered in Hong Kong

  • Hold passports issued by the United Kingdom to British Subjects that contain the observation that the holders have the right of abode in the United Kingdom or,

• Hold ordinary passports issued by the Ministry of Foreign Affairs in Taiwan that include the personal identification numbers of the individuals

It is worth highlighting that the authorities have repealed directive SOR / 2015 – 77, s.6.

Visa Exemption – The Purpose of Entry

The authorities have granted an exemption to foreign nationals from the requirement of having to obtain temporary resident visas if they are seeking to enter and remain in Canada solely:

• Subject to an agreement between Canada and one or more foreign countries respecting the obligation to hold such a visa:

  • As members of a crew of a means of transportation other than a vessel or to become a member of a crew of a means of transportation other than a vessel or,

  • For transiting through Canada after working, or for working, as members of a crew of a means of transportation other than a vessel, if they possess tickets for departure from Canada within 24 hours after their arrival in Canada

• To transit through Canada as passengers on a flight stopping in Canada for the sole purpose of refuelling and:

  • They are in possession of the documents required in order to enter the United States and their flight is bound for that country or,

  • They had received lawful admission to the United States and their flight originated in that country

  • For transiting through Canada as passengers on a flight that, because of an emergency or any other unforeseen circumstances, makes an unscheduled stop in Canada

• To transit through Canada as passengers on a flight if the foreign nationals:

  • Are availing transportation services from a commercial transporter and there is a memorandum of understanding referred to subsequently in this section in effect between the Minister and the commercial transporter concerning the transit of passengers through Canada without a Canadian visa

  • Hold passports or other travel documents issued by the country of which the foreign nationals are citizens or nationals and that country’s name is appearing in the memorandum of understanding and,

  • Are in possession of any visa required for entering the country of destination

• To carry out official duties as members of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, unless the authorities have designated the foreign nationals as civilian components of those armed forces

• It is worth highlighting that the authorities have repealed directive SOR / 2015 – 77, s.6 for point (e) of this section

• To re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon if the foreign nationals:

  • Held study permits or work permits issued before they left Canada on such a visit or had obtained the relevant authorisation for entering and remaining in Canada as temporary residents and,

  • Returned to Canada by the end of the period initially authorised for their stay or any extensions to their stay

• To conduct inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights, if they are civil aviation inspectors or a national aeronautical authority and possess valid documentation to that effect or,

• To participate as accredited representatives or as advisors to an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act, if they possess valid documentation to that effect

Visa Exemption – The Crew Members

Foreign nationals, who are members of a crew carried to Canada by a vessel, are exempt from the requirement of having to obtain temporary resident visas if they are seeking:

• To enter Canada as members of the crew of the vessel and,

• To remain in Canada solely as members of the crew of that vessel or any other vessel

The Content of the Memorandum of Understanding

A memorandum of understanding, referred to in an earlier section, will typically include provisions respecting:

• The countries to which the memorandum of understanding applies

• The scheduled flights to which the memorandum of understanding applies and,

• The commercial transporter’s obligation to control the movement of in-transit passengers