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Overstayed under Super Visa

pie_vancouver

Hero Member
Jun 12, 2014
963
86
Vancouver
Category........
Visa Office......
Manila
NOC Code......
1111
Job Offer........
Pre-Assessed..
App. Filed.......
2008
VISA ISSUED...
2009
LANDED..........
2010
She have medical insurance and everything.. I don't know if it's because of not enough coverage of medical insurance but until now we keep on paying it monthly for her.
She did medical test too?
 

Abhi098

Star Member
Oct 21, 2016
95
16
You can't say if it's supervisa or TRV based on just medical insurance. Please read under the "category" on the visa sticker on the passport. If it's PG-1, it is supervisa :)
 

revz

Newbie
Dec 11, 2017
9
0
Does the visa on passport say "PG-1" under category? If yes, then it is supervisa. If not, I recommend talking to your MP and getting a letter stating that she had no ill intention to overstay but rather was a mistake. I believe I read on this forum somewhere where someone overstayed their supervisa and talked to MP as their extension was refused. And after communication from MP, they got it reveresed. Let me check if I can find that post

We don't know about that category all we know is we did apply for supervisa. The category is v-1 and we just found out today about it. The lady from the immigration center said that we can't do anything or even appeal for it. She said she overstayed the 90 day period as well where restoration can be done. But the immigration guy last week said we could appeal it as long as we can prove that we did really apply for supervisa. And if we are still paying her insurance. But the lady today said we can't do it anymore because of that 90 day period. I hope that MP does work but I to don't know how to get that request from the MP
 

revz

Newbie
Dec 11, 2017
9
0
I wish the best for your grandmother! Please let me know if I could answer anything for her.
If she does go home and still have an active visa she could still go back right? Just explain to immigration officer what happened? And how do you approach the MP so atleast we could extend her till next month or best result is for her status
 

pie_vancouver

Hero Member
Jun 12, 2014
963
86
Vancouver
Category........
Visa Office......
Manila
NOC Code......
1111
Job Offer........
Pre-Assessed..
App. Filed.......
2008
VISA ISSUED...
2009
LANDED..........
2010
Nope there's no medical test.
Super visa needs medical test, when she did not do this then it's regular trv, there must be a mistake done in the application form, super visa was not chosen, when it's chosen, the visa office will request a test. :(
 

Abhi098

Star Member
Oct 21, 2016
95
16
We don't know about that category all we know is we did apply for supervisa. The category is v-1 and we just found out today about it. The lady from the immigration center said that we can't do anything or even appeal for it. She said she overstayed the 90 day period as well where restoration can be done. But the immigration guy last week said we could appeal it as long as we can prove that we did really apply for supervisa. And if we are still paying her insurance. But the lady today said we can't do it anymore because of that 90 day period. I hope that MP does work but I to don't know how to get that request from the MP

Okay if the category is V-1, I assume it's visitor visa indeed. IF YOU can prove that it was supervisa you applied for, then definitely talk to MP. ORDER GCMS NOTES & correspondences for the application you originally applied. It will have all the attached documents that submitted; and if on the visa form, you checked off "parent and grandparent visa" then you did indeed apply for supervisa. Also, submit the proof of that you submitted medical insurance and medical exam too. Also, talk to your local MP, email or call to book an appointment with her and bring the related documents to the appointment and explain everything to her. Then ask how you can appeal as well. I hope it helps. Please read the following link too to get an idea about what to get from MP :)https://www.canadavisa.com/canada-immigration-discussion-board/threads/overstayed-super-visa-mistake-by-the-cic.465904/
 

revz

Newbie
Dec 11, 2017
9
0
Super visa needs medical test, when she did not do this then it's regular trv, there must be a mistake done in the application form, super visa was not chosen, when it's chosen, the visa office will request a test. :(

We didn't know that but yeah we did ask for the history of application and the immigration officer did say we did apply for supervisa but not given with it. I just want to know if she could go back right away or if there's a way that we could still restore her status here in canada.. especially I don't want her to go back especially in holidays. As a grandson I could feel the sadness I can't imagine how i
 

Abhi098

Star Member
Oct 21, 2016
95
16
If she does go home and still have an active visa she could still go back right? Just explain to immigration officer what happened? And how do you approach the MP so atleast we could extend her till next month or best result is for her status
I believe at this point, you have to apply for restoration of her stay! However, she has surpassed that 90-day period allowed to restore the status. So you can't just apply for extension of her stay. You would have to appeal for consideration of her case. Also talk to a decent Canadian immigration lawyer for the appeal process. Definitely get a support letter from MP while appealing. I don't know the appeal procedure much; and she may currently be without status if she has overstayed. Please talk to a decent lawyer too about what to do. Please throughly consider the options and consequences of such options that your lawyer provide you!
 

Abhi098

Star Member
Oct 21, 2016
95
16
I believe at this point, you have to apply for restoration of her stay! However, she has surpassed that 90-day period allowed to restore the status so you may not be able to restore that. So you can't just apply for extension of her stay. You would have to appeal for consideration of her case. Also talk to a decent Canadian immigration lawyer for the appeal process. Definitely get a support letter from MP while appealing. I don't know the appeal procedure much; and she may currently be without status if she has overstayed. Please talk to a decent lawyer too about what to do. Please throughly consider the options and consequences of such options that your lawyer provide you!
 

Abhi098

Star Member
Oct 21, 2016
95
16
I recommend asking a decent lawyer about if she should leave right away or not! Please do ASAP, and yeah ask a DECENT lawyer tho.

Appeal can also go this way: 1) first you apply for an extension 2) when it's not approved, you apply for an appeal with documents supporting that you had originally applied for supervisa and a support letter from MP saying the same with evidence 3) then wait for appeal decision. PLEASE DONT QUOTE ME ON THIS AS IM NOT A LAWYER.
 

revz

Newbie
Dec 11, 2017
9
0
I recommend asking a decent lawyer about if she should leave right away or not! Please do ASAP, and yeah ask a DECENT lawyer tho.

Appeal can also go this way: 1) first you apply for an extension 2) when it's not approved, you apply for an appeal with documents supporting that you had originally applied for supervisa and a support letter from MP saying the same with evidence 3) then wait for appeal decision. PLEASE DONT QUOTE ME ON THIS AS IM NOT A LAWYER.

The thing is the only proof we have is in the data base of immigration. They confirmed to me this morning that we did apply for supervisa but they can't send it out to us in email. I really don't know right now I hope this will be sorted out
 

Abhi098

Star Member
Oct 21, 2016
95
16
The thing is the only proof we have is in the data base of immigration. They confirmed to me this morning that we did apply for supervisa but they can't send it out to us in email. I really don't know right now I hope this will be sorted out
As I said, order GCMS NOTES (with correspondences sent to them) for the original application. IT IS basically their database notes. It will take AT LEAST 30 days to get those: it will have their database information in it.

Also, PLEASE make sure with DECENT lawyer on what steps to take next. I don't want her to keep lengthening her overstay. Please consider this. Don't just wait around for notes; PLEASE CONSULT ASAP

Here is how to order gcms notes: https://www.canadavisa.com/canada-immigration-discussion-board/threads/how-to-order-gcms-notes-step-by-step-process.513893/
 

ali45

Hero Member
Dec 20, 2012
244
18
Category........
Job Offer........
Pre-Assessed..
Hey guys, is there any update, I am in the same situation. My mother in law come as a Supervisa to take care of grandson but when she enter she only got 6 month entry and we were in the mindset she got 2 year entry. Now couple of days I ago I randomly check her passport and found out that she is overstay. Now I don’t know what to do. Can you please share your experience or any advice literally my whole family is in sadness and stress. please help me