Supervisa application for Mother-in-Law - Zero ties to Philippines... What to do?

[joeythecat]

So I am now in the process of applying for a super visa for my mother-in-law. I have a problem. She has literally zero ties to Philippines except that her two sons ( 21 and 23) live with her. Their house and business is in my wifes name and they do not even have a bank account. We meet and exceed all the requirements on our side but I am worried about refusal.

What would be best to do? Should we put that she is only going to come for about 3 weeks? We wanted a super visa because we are starting a family and we want her to be able to come back for the birth of her first grand child.

Any advice would help.

 

[bellaluna]

Just apply.

PS: Keep in mind that a super visa only allows for the first stay to be 2 years without an extension...any subsequent visits will be allowed for 6 months, and then you have to request for an extension. So if she stays for 3 weeks on the first visit, she's wasting the point of a super visa.

 

[DavEd]

Just apply.

PS: Keep in mind that a super visa only allows for the first stay to be 2 years without an extension...any subsequent visits will be allowed for 6 months, and then you have to request for an extension. So if she stays for 3 weeks on the first visit, she's wasting the point of a super visa.

Wasting ????smh.....Not every parent or grandparent wants to stay in Canada for 2 years

We all have our reasons... before calling it wasting best understand the OP’s reasons...

 

[DavEd]

So I am now in the process of applying for a super visa for my mother-in-law. I have a problem. She has literally zero ties to Philippines except that her two sons ( 21 and 23) live with her. Their house and business is in my wifes name and they do not even have a bank account. We meet and exceed all the requirements on our side but I am worried about refusal.

What would be best to do? Should we put that she is only going to come for about 3 weeks? We wanted a super visa because we are starting a family and we want her to be able to come back for the birth of her first grand child.

Any advice would help.

Apply for the supervisa.... a supervisa is easier to get than a TRV especially for older applicants who may not have strong ties to home country

 

[DEEPCUR]

Just apply.

PS: Keep in mind that a super visa only allows for the first stay to be 2 years without an extension...any subsequent visits will be allowed for 6 months, and then you have to request for an extension. So if she stays for 3 weeks on the first visit, she's wasting the point of a super visa.

Can you provide source for this information on subsequent visits would be given only for 6 months? I found this link and it doesn't say anything like you said..

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=426&top=16

Please note that officer allowing lesser timeframe at their discretion is different from law. Above link says maximum allowed time is two years per visit. Office could again give 3 months or 6 months or 1 year or even 2 years based on the merit, mainly time from past visit and length of precious stay, of the entrant. Please clarify how you say it's only for six months.

 

[joeythecat]

So what should I do? Invite for a month for Christmas/new years, or for 4-5 months? Which would be better to get the visa?

Also, my mother-in-law supports herself with her store in a public market. It is a cash based business and she uses that money to live. She has no bank account and zero savings. She does not pay taxes which is another story. But should we just put that she is retired and that's why she has no income?

 

[Bryanna]

Wasting ????smh.....Not every parent or grandparent wants to stay in Canada for 2 years

We all have our reasons... before calling it wasting best understand the OP’s reasons...

If the parent would like to stay for less than 2 years (on the initial entry, without an extension) then maybe a TRV would be a better option

 

[Bryanna]

Can you provide source for this information on subsequent visits would be given only for 6 months? I found this link and it doesn't say anything like you said..

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=426&top=16

Please note that officer allowing lesser timeframe at their discretion is different from law. Above link says maximum allowed time is two years per visit. Office could again give 3 months or 6 months or 1 year or even 2 years based on the merit, mainly time from past visit and length of precious stay, of the entrant. Please clarify how you say it's only for six months.

Here's the answer:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5256-applying-visitor-visa-temporary-resident-visa.html#5256E2


Arrival in Canada
A valid Temporary Resident Visa is not a guarantee of entry into Canada. An officer at the port of entry will decide if you still meet the requirements for admission when you arrive.

If there has been a change in circumstances between the dates of your application for a visa and your arrival in Canada, or if subsequent information is given which was not originally available to the visa office, you may be refused entry.

When you arrive in Canada, the officer at the port of entry will determine whether you may enter Canada and how long you may stay. You must leave Canada on or before the date set by the officer or have your status extended by an officer in Canada. The stamp placed in your passport by a Canadian official is generally valid for a period of six (6) months unless another duration is specified by the official.

Parent and Grandparent super visa
The stamp placed in your passport by a Canadian official is usually valid for a period of six months. However, if you applied for a Parent and Grandparent super visa, your visitor status may be valid for up to two (2) years on your initial stay. It is your responsibility to maintain valid visitor status. If the stamp in your passport does not specifically indicate a two year validity, or you have not received a visitor record valid for that period, you must ask for an extension of your status before the six month period comes to an end.

 

[joeythecat]

If the parent would like to stay for less than 2 years (on the initial entry, without an extension) then maybe a TRV would be a better option

The chances of her getting approved for a regular visa are so slim. She has nothing, no bank account, no money, no house, nothing at all.

 

[Bryanna]

The chances of her getting approved for a regular visa are so slim. She has nothing, no bank account, no money, no house, nothing at all.

Tough decision.

She does not want to stay for two years on the initial super visa entry. If she visits for only 4-5 months shortly (on a super visa) then she won't get another two years' stay when she visits later (at that time you might need her when your baby is born).

Either way, she must demonstrate some ties to the Philippines.

1. Is she employed?
2. Can your wife give a Power of Attorney to your mom for the house?
3. Can your mom-in-law be included as a business partner? And, have some income/profits transferred to her bank account?
4. Can she prove she must return for any compelling reason?
5. Does she own land?
6. Does she take care of any dependent family member apart from her two sons?

 

[DavEd]

If the parent would like to stay for less than 2 years (on the initial entry, without an extension) then maybe a TRV would be a better option

Agreed to that effect.... how ever from an approval point of view it is easier to get a supervisa for older, unemployed parents and grandparents who might have little ties with the home country and little savings...in such a scenario a regular TRV would be difficult to get.....

 

[Bryanna]

Agreed to that effect.... how ever from an approval point of view it is easier to get a supervisa for older, unemployed parents and grandparents who might have little ties with the home country and little savings...in such a scenario a regular TRV would be difficult to get.....

A super visa is a better option not for parents/grandparents who have zero or almost no ties to their home country.... but those who have weak financials.

Here's what visa officers look for in a super visa application:
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=429&top=16

 

[DEEPCUR]

Here's the answer:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5256-applying-visitor-visa-temporary-resident-visa.html#5256E2


Arrival in Canada
A valid Temporary Resident Visa is not a guarantee of entry into Canada. An officer at the port of entry will decide if you still meet the requirements for admission when you arrive.

If there has been a change in circumstances between the dates of your application for a visa and your arrival in Canada, or if subsequent information is given which was not originally available to the visa office, you may be refused entry.

When you arrive in Canada, the officer at the port of entry will determine whether you may enter Canada and how long you may stay. You must leave Canada on or before the date set by the officer or have your status extended by an officer in Canada. The stamp placed in your passport by a Canadian official is generally valid for a period of six (6) months unless another duration is specified by the official.

Parent and Grandparent super visa
The stamp placed in your passport by a Canadian official is usually valid for a period of six months. However, if you applied for a Parent and Grandparent super visa, your visitor status may be valid for up to two (2) years on your initial stay. It is your responsibility to maintain valid visitor status. If the stamp in your passport does not specifically indicate a two year validity, or you have not received a visitor record valid for that period, you must ask for an extension of your status before the six month period comes to an end.

There is nothing in this that says first visit is given for 2 years and subsequent visits are for 6 months which she was mentioning to. It's purely at officer's discretion to give any time frame they wish from 1 month to 2 years. This link merely clarifies that if they don't put any specific date, one is allowed to stay for six months.

This forum itself has a case where someone got 2 years during first entry and they left in 3 months or so, and they came back after few months, and officer gave same exit date as first entry implying that second visit was given for one year and few months.

 

[joeythecat]

Tough decision.

She does not want to stay for two years on the initial super visa entry. If she visits for only 4-5 months shortly (on a super visa) then she won't get another two years' stay when she visits later (at that time you might need her when your baby is born).

Either way, she must demonstrate some ties to the Philippines.

1. Is she employed?
2. Can your wife give a Power of Attorney to your mom for the house?
3. Can your mom-in-law be included as a business partner? And, have some income/profits transferred to her bank account?
4. Can she prove she must return for any compelling reason?
5. Does she own land?
6. Does she take care of any dependent family member apart from her two sons?

No she has nothing at all. my mother-in-law supports herself with her store in a public market. It is a cash based business and she uses that money to live. She has no bank account and zero savings. She does not pay taxes which is another story. But should we just put that she is retired and that's why she has no income?

 

[Bryanna]

There is nothing in this that says first visit is given for 2 years and subsequent visits are for 6 months which she was mentioning to. It's purely at officer's discretion to give any time frame they wish from 1 month to 2 years. This link merely clarifies that if they don't put any specific date, one is allowed to stay for six months..

It is up to 2 years ONLY on the initial super visa entry.

It can't get more plainer/lucid than this:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates/2018-temporary-port.html

For example, for parents and grandparents who possess the super visa temporary resident visa or letter, CBSA officers will handwrite a date that is 2 years from the date of entry on their initial visit only.