Weird situation for Vistor extension approval decision? Do I need to reapply?

[scylla]

yes. will do.
at the same time, i will apply super visa for them. if they get approval, maybe they do not have to leave the conuntry

I personally wouldn't apply for a super visa right now. I would wait until they've been outside of Canada for a while.

 

[dking317]

I personally wouldn't apply for a super visa right now. I would wait until they've been outside of Canada for a while.

Thanks for your suggestions, but we really need our parents to stay here and help out. As the multiple visa gives everyone right to enter into Canada multiple times, why do we need to stay outside of Canada for a while?
Now when they entered into Canada, the entering process is done automatically on a machine (just scan the passport). No officer stamped on the password any more. Do you think it is risky to just go to US, stay a couple of days and re-enter into Canada?

 

[Wonderland_1010]

Thanks for your suggestions, but we really need our parents to stay here and help out. As the multiple visa gives everyone right to enter into Canada multiple times, why do we need to stay outside of Canada for a while?
Now when they entered into Canada, the entering process is done automatically on a machine (just scan the passport). No officer stamped on the password any more. Do you think it is risky to just go to US, stay a couple of days and re-enter into Canada?

For multiple entries Visa, applicants can stay upto 6 months. More than 6 months, they will need to extend their Visa record. The purpose of a Visitor Visa is for visiting only. If applicants are found visiting and remaining in Canada longer than they should be, CBSA officers have the right to deny them entry due to reasons of abusing their visitor visa.

 

[scylla]

Thanks for your suggestions, but we really need our parents to stay here and help out. As the multiple visa gives everyone right to enter into Canada multiple times, why do we need to stay outside of Canada for a while?
Now when they entered into Canada, the entering process is done automatically on a machine (just scan the passport). No officer stamped on the password any more. Do you think it is risky to just go to US, stay a couple of days and re-enter into Canada?

What exactly are your parents helping out with? Whatever they are doing, good chance IRCC will view it as working illegally. They need to be careful.

The reason why they have to stay outside of Canada for a while is because multiple entry visas are not for living in Canada. They are for visiting. Your parents are effectively trying to live in Canada on a TRV. They won't always just see a machine when they re-enter - there's always a chance they will end up speaking to a CBSA officer.

Yes - going to the US, staying a few days and then re-entering is risky. But obviously your call.

 

[Supercanadian]

What exactly are your parents helping out with? Whatever they are doing, good chance IRCC will view it as working illegally. They need to be careful.

The reason why they have to stay outside of Canada for a while is because multiple entry visas are not for living in Canada. They are for visiting. Your parents are effectively trying to live in Canada on a TRV. They won't always just see a machine when they re-enter - there's always a chance they will end up speaking to a CBSA officer.

Yes - going to the US, staying a few days and then re-entering is risky. But obviously your call.

Would staying and helping with babysitting OP's kids for instance without getting paid for it be seen as working illegally (assuming they haven't stayed up to the point where they're apparently being politely asked to leave)? If not, what likely examples would IRCC view as working illegally? Just curious.

 

[Supercanadian]

I appplied vistor extenstion for my parents.

• Their original status already expired on 2018-07
• I got the medical check request today (2018-08)
  
• Meanwhile, I got the approval letter (VR) saying they must leave Canada by 2018-10; However, i requested the extention to 2019-02
• In the VR, it mentions they must complete the medical check

I will take my parents to do the medical check but it is weird the final approval I got only grant the extention to 2018-10?? why this happend? just because the original status already expired, so my parents need the extra time to do the medical check.
After the medical check are submitted, CIC will issue another approval letters for my requested date or I have to reapply???

Thanks

Was the application for the extension received by IRCC in April?

 

[Bryanna]

at the same time, i will apply super visa for them. if they get approval, maybe they do not have to leave the conuntry

Super visas won't allow them to stay permanently or even for a number of years at one stretch. Super visas are for *temporary* short stays

 

[scylla]

Would staying and helping with babysitting OP's kids for instance without getting paid for it be seen as working illegally (assuming they haven't stayed up to the point where they're apparently being politely asked to leave)? If not, what likely examples would IRCC view as working illegally? Just curious.

Yes - we've see that IRCC regards this as working.

 

[Buletruck]

As the multiple visa gives everyone right to enter into Canada multiple times, why do we need to stay outside of Canada for a while?

Just to clarify, a multiple entry TRV does not give a foreign national the “right” to enter Canada. A TRV simply allows the holder to come to Canada and “apply for entry” at the point of entry. CBSA decides, at the time of application, if they will grant entry to foreign national and for how long. If they refuse you entry, there really is nothing you can do but go home.

There was a very recent post about someone’s parents going to the US to renew their 6 months and on return being refused entry to Canada and being sent back to the US to return to India.

 

[dking317]

What exactly are your parents helping out with? Whatever they are doing, good chance IRCC will view it as working illegally. They need to be careful.

The reason why they have to stay outside of Canada for a while is because multiple entry visas are not for living in Canada. They are for visiting. Your parents are effectively trying to live in Canada on a TRV. They won't always just see a machine when they re-enter - there's always a chance they will end up speaking to a CBSA officer.

Yes - going to the US, staying a few days and then re-entering is risky. But obviously your call.

Thanks for your suggestion. they are helping us take care of 2 babies.......life is not easy...can not afford to send 2 babies to daycare at current stage.

 

[dking317]

Was the application for the extension received by IRCC in April?

yes. somehow this year the process time is so slow.....i submitted in april but heard the reply until now...

 

[canuck78]

You should have never counted on your parents for childcare especially on a TRV. Your parents can only apply for a supervisa if they are outside Canada. If you try to extend again you will likely get a 1 or 2 week grace period to leave. If they go to the US and try to reenter there is a good chance they could be refused. Either way you will have to manage without your parents for a while. Your parents are actually not supposed to be doing the childcare because that means they are working illegally which is perhaps one of the reasons your extension has been refused.

 

[Supercanadian]

Yes - we've see that IRCC regards this as working.

Regarding child care/babysitting one's own grandchild as work or illegal work would be a particularly harsh interpretation of immigration law. I really don't see IRCC vigorously litigating such cases involving grandmas in federal court when the resources could be better used for stopping people who came to Canada solely to work and are actually getting paid while fraudulently working on visitor/ overstayed visas and thus blatantly breaking the law. No, it would not make any practical sense. Now, that does not in any way mean that parents and grandparents can stay in Canada on visitor visas endlessly, and I do agree with your earlier submissions that IRCC reserves the right to cancel visas/refuse applications if officers determine that by living in Canada for an extended period, a parent/grandparent no longer meets the criteria for the renewal of a visitor visa or the definition of a visitor.

Here's an excerpt from a letter to the HoC by no less a person than the Chair, Immigration Law Section of the Canadian Bar Association:

"Recent studies indicate that the net positive impact of the non-economic contributions of parents and grandparents on the economy, including child care, assistance with family business activities, emotional support, cultural education, volunteerism, maintenance of social cohesion, and housekeeping – in addition to the financial resources they may contribute – is often overlooked."

Link to full letter here: https://www.cba.org/CMSPages/GetFile.aspx?guid=14e53f42-575c-4d72-a305-f0755560f232

There are countless anecdotes of people actually stating childcare as the reason for inviting their PGPs to Canada in their (ultimately successful) visa applications.

I noticed that this issue has been discussed in the past: https://www.canadavisa.com/canada-immigration-discussion-board/threads/sponsor-parent-family-class-who-has-overstayed.238145/

 

[Supercanadian]

You should have never counted on your parents for childcare especially on a TRV. Your parents can only apply for a supervisa if they are outside Canada. If you try to extend again you will likely get a 1 or 2 week grace period to leave. If they go to the US and try to reenter there is a good chance they could be refused. Either way you will have to manage without your parents for a while. Your parents are actually not supposed to be doing the childcare because that means they are working illegally which is perhaps one of the reasons your extension has been refused.

I really struggle to see taking care of one's own grandchildren while on a visitor's visa as illegal work. No reasonable prosecutor will bring such a case to court. OP's application for an extension was not refused.

 

[canuck78]

TRVs are constantly denied because childcare is mentioned. Do I think grandparents would be litigated...no. I just think their TRVs would not be extended. Very different situation if your parents have been sponsored for PR through PGP. That is why the program exists. When planning for a family you have to think of childcare costs like everyone else.