SuperVisa for Mom who already has a valid 10-yr TRV

[mhmmdmz]

Hi,

My mom came to visit me (in 2016) while I started working in Canada (my status: Open Work Permit). She currently holds a 10 year multiple entry Visa for US and CA.

She stayed for about 18 months in Canada (each time exiting Canada for a few weeks/months before her six month stay expiration and going to the US). She's now in India for her personal work, so I thought of applying for a SuperVisa (my status: PR since 13 months). I do meet all the minimum income cut-offs.

The concern is:
1. She doesn't have extremely strong ties back home - i.e. a modest bank account, no property and retired. She's in India for four months, starting a week ago.
2. She was living in Canada for the past 1.5 yrs, though we've ensured that she does exit before six months and doesn't break any rules.
3. All her close relatives are either in Canada or US.

How do I approach this application? How can I make a case for her to get a SuperVisa in this scenario?

Any help would be greatly appreciated.

Thanks.

 

[mhmmdmz]

Bumping Up #1

 

[mhmmdmz]

Bumping Up #2

 

[Bryanna]

Hi,

My mom came to visit me (in 2016) while I started working in Canada (my status: Open Work Permit). She currently holds a 10 year multiple entry Visa for US and CA.

She stayed for about 18 months in Canada (each time exiting Canada for a few weeks/months before her six month stay expiration and going to the US). She's now in India for her personal work, so I thought of applying for a SuperVisa (my status: PR since 13 months). I do meet all the minimum income cut-offs.

She could have applied to extend each stay, before the 6 months was up, instead of going to the US.

The concern is:
1. She doesn't have extremely strong ties back home - i.e. a modest bank account, no property and retired.

If her not-so-strong ties worked for her TRV, they would most probably work for a super visa as well.

She's in India for four months, starting a week ago.

It would be best if she remains in India for much longer to prove that she is a visitor/not living in Canada as a visitor.

How do I approach this application? How can I make a case for her to get a SuperVisa in this scenario?

I suggest you first contact IRCC to confirm if her current TRV would be cancelled when she applies for a super visa. This is because she is applying for a super visa several years before her TRV expires.

You would also want to confirm with IRCC that unfortunately, if she is refused a super visa then would her current TRV continue to remain valid

 

[mhmmdmz]

Oh ... so you

She could have applied to extend each stay, before the 6 months was up, instead of going to the US.



If her not-so-strong ties worked for her TRV, they would most probably work for a super visa as well.



It would be best if she remains in India for much longer to prove that she is a visitor/not living in Canada as a visitor.



I suggest you first contact IRCC to confirm if her current TRV would be cancelled when she applies for a super visa. This is because she is applying for a super visa several years before her TRV expires.

You would also want to confirm with IRCC that unfortunately, if she is refused a super visa then would her current TRV continue to remain valid

So you reckon that her TRV could get cancelled if she is refused the Super Visa? Have you see that happen before?

When she applied for a TRV, she had her job, which was a strong tie. My concern also is ... how do I demonstrate that she needs to stay longer than 6 months?

 

[Bryanna]

So you reckon that her TRV could get cancelled if she is refused the Super Visa? Have you see that happen before?

There's no clarity on this point. That's why I would recommend that you check/double check before applying for her super visa.

When she applied for a TRV, she had her job, which was a strong tie. My concern also is ... how do I demonstrate that she needs to stay longer than 6 months?

Her employment had certainly helped her to get a TRV (and with the maximum possible validity).

It's the opposite. You would need to prove that she must to return to India after her visit even if she stays for less/more than 6 months or 1 year

 

[se7en]

Oh ... so you


So you reckon that her TRV could get cancelled if she is refused the Super Visa? Have you see that happen before?

When she applied for a TRV, she had her job, which was a strong tie. My concern also is ... how do I demonstrate that she needs to stay longer than 6 months?

@mhmmdmz and @Bryanna

Bryanna as you know, I am in similar kind of situation and I sent email to local visa asking the same question and they replied that they only answer the question if an application is filed and mentioned that if you couldn't find answer on the IRCC website then we don't have the answer as well.
This is kind of grey area and there is no any information available on IRCC's website but if not wrong I am matching it with the scenario of a student on study permit who graduates in Canada and applies for PGWP so the time between he applies until he gets PGWP his status is student. This is just an assumption but would be nice if someone confirms from IRCC.

 

[Bryanna]

@mhmmdmz and @Bryanna

Bryanna as you know, I am in similar kind of situation and I sent email to local visa asking the same question and they replied that they only answer the question if an application is filed

That would be risky. But, glad you asked/received a reply from IRCC on this.

and mentioned that if you couldn't find answer on the IRCC website then we don't have the answer as well.
This is kind of grey area and there is no any information available on IRCC's website but if not wrong I am matching it with the scenario of a student on study permit who graduates in Canada and applies for PGWP so the time between he applies until he gets PGWP his status is student. This is just an assumption but would be nice if someone confirms from IRCC.

You're right. It is a grey area. More importantly, as it is not mentioned on the IRCC website, we have no idea how a visa office would interpret this issue.

I guess it won't be like 'Hey if the super visa is denied, you can still have the original TRV'. I could be wrong though

 

[mhmmdmz]

Okay so I just spoke to the IRCC rep. Three key insights:
1. Getting a supervisa would mean the TRV would be cancelled - obvious as the supervisa becomes the new TRV
2. A denied supervisa does NOT cancel the TRV. She can still travel on the TRV - which is probably a relief
3. For getting a supervisa, it is the income, status of the child in Canada that matters not really/as much as the ties back home - which came across a bit strange.

 

[Bryanna]

Okay so I just spoke to the IRCC rep. Three key insights:
1. Getting a supervisa would mean the TRV would be cancelled - obvious as the supervisa becomes the new TRV
2. A denied supervisa does NOT cancel the TRV. She can still travel on the TRV - which is probably a relief
3. For getting a supervisa, it is the income, status of the child in Canada that matters not really/as much as the ties back home - which came across a bit strange.

Points 1 and 3 were as expected/as known earlier. Point 2 needs to be re-confirmed. I would recommend again that you email the visa office to be sure. IRCC call centre agents may/may not have the correct information

 

[se7en]

I am confident about point 3 but as Bryanna suggests it doesn't hurt to re-confirm.

 

[mhmmdmz]

Points 1 and 3 were as expected/as known earlier. Point 2 needs to be re-confirmed. I would recommend again that you email the visa office to be sure. IRCC call centre agents may/may not have the correct information

Have you seen incidents where something similar has happened?

 

[scylla]

Okay so I just spoke to the IRCC rep. Three key insights:
1. Getting a supervisa would mean the TRV would be cancelled - obvious as the supervisa becomes the new TRV
2. A denied supervisa does NOT cancel the TRV. She can still travel on the TRV - which is probably a relief
3. For getting a supervisa, it is the income, status of the child in Canada that matters not really/as much as the ties back home - which came across a bit strange.

Sadly the call centre gives out wrong answers to simple question on quite a regular basis. Don't make any decisions based on their answers. They can't be relied on.

 

[mhmmdmz]

Sadly the call centre gives out wrong answers to simple question on quite a regular basis. Don't make any decisions based on their answers. They can't be relied on.

Fair enough ... so what are my options now?

 

[se7en]

I cant stress too much on this issue.
I am going to apply for my mother supervisa in April/May IN SHA ALLAH as her regular visa is expiring in a few months anyway.
I think if IRCC issued her regular visitor's visa two times before then why wouldn't they grant her supervisa this time.
In your case I suggest you keep the same visa as it's valid for 10 years and once your mother is in Canada keep extending her stay as supervisa.