Overstayed under Super Visa
- Thread starter Suthu
- Start date
So she has been in Canada working illegally. Taking care of grandson is considered work. She is now in Canada without status. CBSA determines how long she can stay on entry. When was the date she was supposed to leave? If over a certain time period, she cannot restore status so she needs to leave Canada.
she is not working. It’s just like every family where a grandma give support mentally and emotionally to the family. It’s a part of culture.
I talk to lawyer he suggest that you can try to apply for restoration and extension at same time and explain what happened why you overstay.
You said caring for the child and then only providing emotional and mental support. So she never looks after the child while the parents go out? She doesn't babysit at all? If looking after the child that is not emotional and mental support. She is working illegally. IRCC views it as working and nothing to do with culture. Culture doesn’t play into IRCC definition of work. You are in Canada so it is Canadian culture and it is illegal work.
So not only has she overstayed and has no status as a visitor but an illegal worker too.
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You’re incorrect
People jump thru hoops to get a work permit from overseas to do EXACTLY what grandma is doing without authorization and let’s not forget paying wages , payroll remittances.
Using that it’s my “ culture “ doesn’t work
You can certainly try but that is delaying the inevitable. The rules for restoration are pretty clear. Given the fact that she has had a significant overstay and has been visiting Canada for a significant amount of time it would be risky to return in a couple of weeks although impossible to say what exact outcome would be until you reach the border. As a visitor you can’t move to Canada so are expected to reestablish ties to your home country before returning. If only returning to your home country for a few weeks you are essentially trying to briefly visit your home country while living in Canada.
As other have indicated providing childcare is considered work in Canada especially if you would have to otherwise pay for childcare. If you tried to indicate that your mother needed to be in Canada because she provides childcare during the day while the parents work that could lead to significant problems because that would be highlighting illegal work. It certainly happens but not something to highlight to either IRCC or CBSA. Some are under the impression that indicating the
parent or grandparent who is visiting Canada is providing full-time childcare will lead to visa/permit approval when in fact it is usually the opposite.
Well here is the what happened with us, my wife still not working she was at parental leave and not at home and taking care of my child, moreover when my child was born he was not a normal baby like other he had some health issue for about a year and now slowly he’s doing great we have all the medical evidence from hospital. Again what any other grandparent will do if there grandchild have some health issue she is just staying with us for moral support.
Check your mother in law visa ,see if it's a super visa or normal visa she enter with , in the category it says V-1 ?
Based on what you have specified there shouldn’t be an issue with your mother returning to her home country and remaining for at least a few months before coming for another visit to Canada (if she wants to visit).
We are thinking for about a month that she will stay there in home country and then come back after a month. Do you think if that works?