Mom been in Canada for over 6 month

[Seen12]

My mom got a 4 year V-1 visitor visa back in 2020. The visa expiry date on the visa is the same as her passport (2024). She has been here in Canada since 2020.

I have been trying to sponsor her for 6 years and finally this year, we were one of the lucky ones to get selected. As I am filling out the sponsorship application and reading around, I came across that you can't stay in Canada for more than 6 months at a time. I never knew that and have always been under the impression that she is good to stay since her visa doesn't expire until 2024.

I am about to submit the sponsorship application and now am worried that this is going to cause a problem. Are we in trouble?

 

[scylla]

My mom got a 4 year V-1 visitor visa back in 2020. The visa expiry date on the visa is the same as her passport (2024). She has been here in Canada since 2020.

I have been trying to sponsor her for 6 years and finally this year, we were one of the lucky ones to get selected. As I am filling out the sponsorship application and reading around, I came across that you can't stay in Canada for more than 6 months at a time. I never knew that and have always been under the impression that she is good to stay since her visa doesn't expire until 2024.

I am about to submit the sponsorship application and now am worried that this is going to cause a problem. Are we in trouble?

It was your mother's responsibility to understand immigration rules and to follow them.

The 2024 date on the TRV simply indicates how long the visa is valid for entry into Canada. This does not give her permission to remain in Canada until 2024.

She would have been allowed into Canada for a maximum of six months back in 2020. If she wanted to stay longer than six months, she should have been applying for extensions. So she's been in Canada without status / illegally for a while (well over a year) and it's too late to fix this without leaving Canada.

When you complete the PR sponsorship application, make sure you list her status in Canada as "out of status" (do not say she has valid visitor status since this isn't true). I don't believe this should cause issues for the application. However you may want to consider getting a consult with an immigration lawyer just to make sure.

 

[Seen12]

It was your mother's responsibility to understand immigration rules and to follow them.

The 2024 date on the TRV simply indicates how long the visa is valid for entry into Canada. This does not give her permission to remain in Canada until 2024.

She would have been allowed into Canada for a maximum of six months back in 2020. If she wanted to stay longer than six months, she should have been applying for extensions. So she's been in Canada without status / illegally for a while (well over a year) and it's too late to fix this without leaving Canada.

When you complete the PR sponsorship application, make sure you list her status in Canada as "out of status" (do not say she has valid visitor status since this isn't true). I don't believe this should cause issues for the application. However you may want to consider getting a consult with an immigration lawyer just to make sure.

Thank you very much for your response. My mom is an older lady, she doesn't read or write. We both thought since the visa is valid until 2024, then we are good. I didn't want her to go back home due to covid and the situation not being so great in her home country. I wish I started reading up on it earlier so I could have gotten her some extensions.

I am going to take your advice and consult with an immigration lawyer to make sure of how we should proceed forward.

 

[scylla]

Thank you very much for your response. My mom is an older lady, she doesn't read or write. We both thought since the visa is valid until 2024, then we are good. I didn't want her to go back home due to covid and the situation not being so great in her home country. I wish I started reading up on it earlier so I could have gotten her some extensions.

I am going to take your advice and consult with an immigration lawyer to make sure of how we should proceed forward.

IRCC will hold her responsible regardless. Sounds like a good idea to consult with a lawyer.

 

[Seen12]

IRCC will hold her responsible regardless. Sounds like a good idea to consult with a lawyer.

I consulted a lawyer yesterday. He suggested that I still apply as an out of status. But he wants me to go through with him and pay 6k. Is that really the solution? What different between using him and submitting myself and being honest about this human error (mistake) that we did?

 

[scylla]

I consulted a lawyer yesterday. He suggested that I still apply as an out of status. But he wants me to go through with him and pay 6k. Is that really the solution? What different between using him and submitting myself and being honest about this human error (mistake) that we did?

I can't answer that. I don't know if her status in Canada will be an issue or not.

You are of course free to apply on your own.

 

[canuck78]

I consulted a lawyer yesterday. He suggested that I still apply as an out of status. But he wants me to go through with him and pay 6k. Is that really the solution? What different between using him and submitting myself and being honest about this human error (mistake) that we did?

Would also look at the fine print of any health insurance policy you have purchased. Many require you to have legal status in the country.

 

[Seen12]

I can't answer that. I don't know if her status in Canada will be an issue or not.

You are of course free to apply on your own.

Just submitted the application on my own and included a letter of explanation I was straight forward and honest with everything. I am hopping the visa officer understand. Wish me luck everyone and thank you for your help. This forum been great help for me.

 

[mohd000]

No they don't understand. Your mom stayed illegal and it's totally your fault that you didn't know she can only live for 6 months and you didn't apply for extension.

 

[inder13]

I have a similar issue. My mother in law was in Canada for more than 6 months. We applied for an extension (visitor record) when she was here for around 5 months and 8 days - she left for home country after around 10 months when her visitor record application was still in progress. I did a mistake that I assumed that after she has gone back to her home country, we have to raise a web form to withdraw her application for visitor record while in actual I should have just raised a web form to let IRCC know that she has left Canada. After I got a feedback from IRCC that she might be out of status if her visitor record application is withdrawn, I sent another web form asking them to hold the application and not withdraw, but they still withdrew the application based on the first web form. I was finally able to reach them by phone after this, but they said that a withdrawal can not be reversed. They said that they could not review the second web form so they did not see my request to hold the withdrawal. The officer suggested me to share it all while applying for any further visa application. Please guide if anyone has suggestion on what I can do to overcome this issue, I shall be grateful to you for this.

 

[Seen12]

No they don't understand. Your mom stayed illegal and it's totally your fault that you didn't know she can only live for 6 months and you didn't apply for extension.

I’m just gonna remain optimistic and hope for the best. Time will tell if they’d let that go.

 

[hamgha]

and that's why the rest of us have to wait a year for our parents visas to come in...

 

[Seen12]

and that's why the rest of us have to wait a year for our parents visas to come in...

I don’t understand your comment but We waited over 6 years for my mother to be selected

 

[hamgha]

I don’t understand your comment but We waited over 6 years for my mother to be selected

ive been waiting 1 year for a regular visitor visa. the reason it takes so long is all the background checks because of all the people like you who dont bother checking the rules and think they're above the system. good luck

 

[Seen12]

ive been waiting 1 year for a regular visitor visa. the reason it takes so long is all the background checks because of all the people like you who dont bother checking the rules and think they're above the system. good luck

That’s none sense. Please keep your bitterness and negativity to yourself. Cheers!