Brazil citizen wants to leave and reenter Canada -

Hello I have a question for you and hopefully you can help. I have a friend
from Brazil and she has been staying with us for a few months, but she is
going to go to the US for about 6 weeks, and then would like to return to
Canada for about another 4 months or so. Is there a time that she must leave
the country for or can she leave and come back when ever. She has a multiple
visa. Which is valid until July 2007.
Thank you in advance
david ingram replies:
I just do not have time to deal with this now.  I have asked xxxxxxxx xxxxxxxx to answer in as much detail as possible with references to the relative sections of the Immigration and Refugee Protection Act and Regulations. (IRPA IRPR).
xxxxxxxx wants to specialize in immigrants and working visas from the United Kingdom
but has been kind enough to take time away from her kids to reply.
I'm wondering if you meant that the visa expires in July 2006?  Or if your concern is about the length of time away from Canada while the visa remains valid, if so, I am not aware of a problem.  
xxxxxxxx's reply:
A multiple entry temporary resident visa should remain valid in order to re-enter Canada.  Each time your friend returns to the port of entry, they will need to demonstrate meeting the requirements and conditions, ss.179-180 Immigration and Refugee Protection Regulations (IRPR), 2002; 
  a.. they hold a visa and passport valid for the duration of their stay 
  b.. they will leave at the end of their temporary stay 
  c.. they are not intending to work (without authorization) 
  d.. they have enough money to support their stay (including health insurance) and to cover their travel leaving Canada 
  e.. and they must satisfy required criminal, security and medical checks and not be inadmissible, Division 4 Immigration and Refugee Protection Act, 2002. 
If your friend intends to repeatedly come back and forth to Canada, they could request a Visitor's Record (which is free) at the port of entry and this should help optimize this examination process.
There is a possibility of studying without a study permit on a program which is 6 months or less that can be completed within the period authorized on entering Canada s.188 IRPR.  A visitor cannot change status within Canada to study, s.215 IRPR.  If the period of study would be for longer than 6 months, your friend should apply for a study permit before entering Canada, s.213 IRPR.  A temporary resident visa is issued at the same time as a study permit, in other words the study permit application includes temporary resident visa documentation.  The fee for a study permit is inclusive of a temporary resident visa.     
It is also possible to apply for an extension of a temporary resident visa which should be made before the current visa expires and providing all conditions have been met s.181 IRPR.  Remember, a temporary resident visa is a privilege and is temporary, it won't be renewed forever. 
As always your friend should take legal advice to clarify their particular situation. 

David Ingram's US/Canada Services
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