This post will be of great interest to anybody who is applying or who is in Canada under the Super Visa program. Wish I knew 2 years ago what I know now. Also, can anybody suggest something constructive? We are now at a complete loss...
From "Temporary residents: Examination and admission at the port of entry" (sorry, I cannot post a link, but googling this finds this page right away):
"Length of admissions
An officer at the POE will determine the length of time that a temporary resident may remain in Canada.
Note: In general, stamps issued by CBSA officers at the POE are valid for a period of
1) six months from the date of entry (for visitors); or
2) two years from the date of initial entry (for parents and grandparents who possess the super visa-PG1 TRV or letter).
If a handwritten date has been placed under the stamp, then the period of authorized stay expires on that date. "
What I understood reading this is that, if there is nothing written under the stamp in mother-in-law's passport (who is a holder of a PG-1 visa, i.e., the super visa), then she could stay in Canada for 2 years before we had to apply to extend her stay. We were WRONG!!!! It turns out that it is only 6 months.
We tried to extend her stay after 1 year and 11 months of her being in Canada, and our application was refused because of the above (i.e., she was only allowed to stay for 6 months if there were no handwritten notes under the stamp in her passport). Now, we are screwed because of all the confusion around what a blank stamp in a passport means for Super Visa holders.
What can/should we now do? Can anybody suggest something specific? Is there a way to appeal? On top of that, my we now applied for a PR for my mother-in-law, and I am pretty sure that this gives the Immigration Canada a reason to refuse her application (since she overstayed her visa and so did not comply with the Immigration Act).
Please help!!!
From "Temporary residents: Examination and admission at the port of entry" (sorry, I cannot post a link, but googling this finds this page right away):
"Length of admissions
An officer at the POE will determine the length of time that a temporary resident may remain in Canada.
Note: In general, stamps issued by CBSA officers at the POE are valid for a period of
1) six months from the date of entry (for visitors); or
2) two years from the date of initial entry (for parents and grandparents who possess the super visa-PG1 TRV or letter).
If a handwritten date has been placed under the stamp, then the period of authorized stay expires on that date. "
What I understood reading this is that, if there is nothing written under the stamp in mother-in-law's passport (who is a holder of a PG-1 visa, i.e., the super visa), then she could stay in Canada for 2 years before we had to apply to extend her stay. We were WRONG!!!! It turns out that it is only 6 months.
We tried to extend her stay after 1 year and 11 months of her being in Canada, and our application was refused because of the above (i.e., she was only allowed to stay for 6 months if there were no handwritten notes under the stamp in her passport). Now, we are screwed because of all the confusion around what a blank stamp in a passport means for Super Visa holders.
What can/should we now do? Can anybody suggest something specific? Is there a way to appeal? On top of that, my we now applied for a PR for my mother-in-law, and I am pretty sure that this gives the Immigration Canada a reason to refuse her application (since she overstayed her visa and so did not comply with the Immigration Act).
Please help!!!