Supervisa Extension refusal, where to go from here?

[neochanges1]

Hello,

My Father-in-law came into the country on September 1st, 2019, and was given 6 months for initial entry. We applied for an extension sometime in January of 2020 and just got a letter from them that they are refusing his extension due to the FF:

1. Ties to country of permanent residence, including:
-employment and study commitments (he's retired)
-family ties and responsibilities;
-status (citizenship or immigration status)
2. Financial means for the extended stay and return home;
3. Travel and identity documents
4. Probability to leave Canada at the end of authorized stay.
5. Reason for original entry and reason for the requested extension.

They are asking him to leave Canada on or before the expiry of the current document or if the document has already expired he must leave Canada immediately.

I feel like the officer assigned to this case based the application for a regular tourist Visa application and not a Supervisa. Has anyone gone through the same ordeal? Needing some advice please as not sure where to go from here. How do you start an appeal if we decide to go that route?

My FiL also has an existing PR application as a dependent for my MiL so not sure if this application has got something to do with his refusal for super visa extension.

Thank you in advance.

 

[scylla]

Hello,

My Father-in-law came into the country on September 1st, 2019, and was given 6 months for initial entry. We applied for an extension sometime in January of 2020 and just got a letter from them that they are refusing his extension due to the FF:

1. Ties to country of permanent residence, including:
-employment and study commitments (he's retired)
-family ties and responsibilities;
-status (citizenship or immigration status)
2. Financial means for the extended stay and return home;
3. Travel and identity documents
4. Probability to leave Canada at the end of authorized stay.
5. Reason for original entry and reason for the requested extension.

They are asking him to leave Canada on or before the expiry of the current document or if the document has already expired he must leave Canada immediately.

I feel like the officer assigned to this case based the application for a regular tourist Visa application and not a Supervisa. Has anyone gone through the same ordeal? Needing some advice please as not sure where to go from here. How do you start an appeal if we decide to go that route?

My FiL also has an existing PR application as a dependent for my MiL so not sure if this application has got something to do with his refusal for super visa extension.

Thank you in advance.

There's really no appeal process. You need to apply to restore his status if you want to try to have him remain in Canada.

When you apply to restore his status, you want to try to address the refusal reasons including demonstrating that he has sufficient funds to continue to pay for his stay here and showing proof of ties to the home country (e.g. property).

 

[neochanges1]

There's really no appeal process. You need to apply to restore his status if you want to try to have him remain in Canada.

When you apply to restore his status, you want to try to address the refusal reasons including demonstrating that he has sufficient funds to continue to pay for his stay here and showing proof of ties to the home country (e.g. property).

Thank you for your response, I know it says he has to leave the country since his initial 6 months is already expired. Does this mean that we have about 30 days to get him out?

Thanks

 

[scylla]

Thank you for your response, I know it says he has to leave the country since his initial 6 months is already expired. Does this mean that we have about 30 days to get him out?

Thanks

Technically yes, unless you apply to restore his status in which case you can wait until you have a response to the restoration application.

 

[neochanges1]

Technically yes, unless you apply to restore his status in which case you can wait until you have a response to the restoration application.

Sorry for this dumb question but I just wanted to be sure. If his application already got refused and we apply to restore status right away, does that mean that he can still stay in the country while the 2nd application is in the process until of course, they refused him again?

Thanks @scylla

 

[scylla]

Sorry for this dumb question but I just wanted to be sure. If his application already got refused and we apply to restore status right away, does that mean that he can still stay in the country while the 2nd application is in the process until of course, they refused him again?

Thanks @scylla

Yes - he can remain in Canada. He will still be out of status, but he can remain in Canada until he has an answer.

 

[neochanges1]

Yes - he can remain in Canada. He will still be out of status, but he can remain in Canada until he has an answer.

Thank you Scylla as always.

 

[neochanges1]

Hi @scylla

I've been doing some reading and it looks like my FiL should at least have 90 days to restore his status and we'll do this ASAP. I'm concerned that in the refusal letter, it didn't state that he has 90 days to restore it and was just told to leave the country immediately if his visitor record is expired.

Any thoughts?

 

[scylla]

Hi @scylla

I've been doing some reading and it looks like my FiL should at least have 90 days to restore his status and we'll do this ASAP. I'm concerned that in the refusal letter, it didn't state that he has 90 days to restore it and was just told to leave the country immediately if his visitor record is expired.

Any thoughts?

Can you post the full letter here removing your FIL's name and any personal info?

 

[neochanges1]

Here it is @scylla

This letter refers to your application for a visitor record.
Based on your application and accompanying documentation that you have provided, I have
carefully considered all information and I am not satisfied that you meet the requirements of the
Immigration and Refugee Protection Act and Regulations. Your application as requested is
therefore refused.

Persons wishing to extend temporary resident status in Canada must satisfy an officer that they
will leave Canada by the end of the period authorized for their stay, that they will not contravene
the conditions of entry and that they do not belong in a category of persons inadmissible to
Canada under the Immigration and Refugee Protection Act.
In reaching a decision, an officer considers several factors, which include the applicant’s:

1. Reason for original entry and reason for requested extension;
2. Ties to country of permanent residence, including:
- employment and study commitments;
- family ties and responsibilities;
- status (citizenship or immigration status);
3. Financial means for the extended stay and return home;
4. Travel and identity documents;
5. Probability to leave Canada at the end of authorized stay.

After considering all the circumstances of your case, I am not satisfied that you meet the
requirements of the Act and Regulations.
You must leave Canada on or before the expiry of your current document or, if your
document has already expired you must leave Canada immediately. Failure to do so
could result in enforcement action being taken against you.

I also called into the CIC hotline just now and she said that since my FiL's passport has no stamp at all or handwritten date to leave the country or even a paper copy of his visitor record, she said my FiL can stay for 2 years from the date of the entry (Sept 2019).

I'm now confused, my father in law said that he was given 6 months but I'm thinking if the 6 months is for him to comply with the medical surveillance form that he was given upon entry which he did comply and passed. Is this possible?

 

[trk1]

This letter refers to your application for a visitor record.
Based on your application and accompanying documentation that you have provided, I have
carefully considered all information and I am not satisfied that you meet the requirements of the
Immigration and Refugee Protection Act and Regulations. Your application as requested is
therefore refused.

Persons wishing to extend temporary resident status in Canada must satisfy an officer that they
will leave Canada by the end of the period authorized for their stay, that they will not contravene
the conditions of entry and that they do not belong in a category of persons inadmissible to
Canada under the Immigration and Refugee Protection Act.
In reaching a decision, an officer considers several factors, which include the applicant’s:

1. Reason for original entry and reason for requested extension;
2. Ties to country of permanent residence, including:
- employment and study commitments;
- family ties and responsibilities;
- status (citizenship or immigration status);
3. Financial means for the extended stay and return home;
4. Travel and identity documents;
5. Probability to leave Canada at the end of authorised stay.

After considering all the circumstances of your case, I am not satisfied that you meet the
requirements of the Act and Regulations.
You must leave Canada on or before the expiry of your current document or, if your
document has already expired you must leave Canada immediately. Failure to do so
could result in enforcement action being taken against you.

I also called into the CIC hotline just now and she said that since my FiL's passport has no stamp at all or handwritten date to leave the country or even a paper copy of his visitor record, she said my FiL can stay for 2 years from the date of the entry (Sept 2019).

I'm now confused, my father in law said that he was given 6 months but I'm thinking if the 6 months is for him to comply with the medical surveillance form that he was given upon entry which he did comply and passed. Is this possible?

"With the parent and grandparent super visa, eligible parents and grandparents can visit family in Canada for up to two years without the need to renew their status. "

If you are sure your FIL has a valid super visa (and not the regular temporary visa that is only valid for 6 months by default), then he should immediately reply / submit an explanation via web form sharing the full details so the necessary corrections can be done by the IRCC officer. Before refusals, they take a consent from a second officer, so make sure, the visa that was used for entry was the "SuperVisa".

All the best!

I am no legal expert..please see it as another opinion!

 

[canuck78]

It seems like we are seeing more visitor extension refusals. Perhaps becauee visitors no longer have covid coverage?

 

[neochanges1]

"With the parent and grandparent super visa, eligible parents and grandparents can visit family in Canada for up to two years without the need to renew their status. "

If you are sure your FIL has a valid super visa (and not the regular temporary visa that is only valid for 6 months by default), then he should immediately reply / submit an explanation via web form sharing the full details so the necessary corrections can be done by the IRCC officer. Before refusals, they take a consent from a second officer, so make sure, the visa that was used for entry was the "SuperVisa".

All the best!

I am no legal expert..please see it as another opinion!

I will keep this in mind, thank you for your input.

 

[neochanges1]

It seems like we are seeing more visitor extension refusals. Perhaps becauee visitors no longer have covid coverage?

Pardon the ignorance but how do you mean Covid coverage?

 

[canuck78]

Pardon the ignorance but how do you mean Covid coverage?

Most private healthcare plans have excluded reimbursement/payment for any covid-related expenses. Existing policies have notified policy holders that covid treatment and testing is no longer covered. For public health reasons provinces are providing coverage for anyone in the province but that also comes with a potential cost burden. Have just noticed many more extensions refusals. Unsure if CIC is refusing more extensions or more people have been just posting about refusals.