Supervisa Extension refusal, where to go from here?

[Islander216]

Something doesn't make sense about this.

If your FIL has a super visa, he can remain in the country for 2 years at a time.

The 6 month maximum period applies to a normal visitor visa.

You need to be sure what his status is first.

 

[neochanges1]

Something doesn't make sense about this.

If your FIL has a super visa, he can remain in the country for 2 years at a time.

The 6 month maximum period applies to a normal visitor visa.

You need to be sure what his status is first.

Says PG-1 on his Visa page which means a Supervisa if im not mistaken.

 

[Islander216]

Yes, that's a super visa.

However, it's true that the immigration officer has the right to limit the period you can stay per entry. It may be up to 2 years but the immigration officer has the discretion to issue the period of your stay for less time.

So they put a deadline date of 6 months from his date of entry according to his passport.

So his extension has been denied, i'm not really sure what additional information you can provide to convince an immigration officer in this situation that he should be allowed to remain.

Really this is sort of above our pay grade, you'd be better off talking to an immigration lawyer.

Is it not possible for him to return to his home country and return again after? I'm not sure what basis you can restore his status on.

 

[neochanges1]

Yes, that's a super visa.

However, it's true that the immigration officer has the right to limit the period you can stay per entry. It may be up to 2 years but the immigration officer has the discretion to issue the period of your stay for less time.

So they put a deadline date of 6 months from his date of entry according to his passport.

So his extension has been denied, i'm not really sure what additional information you can provide to convince an immigration officer in this situation that he should be allowed to remain.

Really this is sort of above our pay grade, you'd be better off talking to an immigration lawyer.

Is it not possible for him to return to his home country and return again after? I'm not sure what basis you can restore his status on.

Thank you for your quick response, much appreciate. I'm just really confused on what the officer did at the border. He didnt stamp my FiL's passport, just basically a blank page. I called CIC's call center support and they just forwarded me an article saying that if there's no stamp or any handwritten date, he can stay up to 2 years. He did have a medical surveillance which he complied with and passed. The issue here now is my FiL is confused on what the 6 months time frame was given to him which why I'm now thinking that it could be 6 months to complete the medical surveillance.

Unless of course otherwise, he was only given 6 months and didnt stamp his passport at all which contradicts their rules.

 

[Islander216]

Oh okay, so there is no formal stamp or handwritten date on his passport?

This is where sometimes there can be confusion.

For example this page states that if you don't receive any stamp you can stay for up to 6 months.
https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/parent-grandparent-super-visa/after-apply-next-steps.html

How long you can stay
"Most visitors can stay for up to 6 months in Canada.
At the port of entry, the border services officer may allow you to stay for less or more than 6 months. If so, they’ll put the date you need to leave by in your passport. They might also give you a document, called a visitor record , which will show the date you need to leave by.
If you don’t get a stamp in your passport, you can stay for 6 months from the day you entered Canada or until your passport expires, whichever comes first. If you need a stamp, you can ask a border services officer for one. If you arrive at an airport that uses primary inspection kiosks, ask the border officer after you finish at the kiosk".

But if they forwarded you an article which says he can stay for up to 2 years, i think you should be fine.

 

[canuck78]

Can you go back to your original 2 year stay after being denied an extension


Think the confusion is the result of the old rules whete you could stay 2 years on your first visit on your supervisa but sunsequent stays are 6 months.

 

[Islander216]

Can you go back to your original 2 year stay after being denied an extension


Think the confusion is the result of the old rules whete you could stay 2 years on your first visit on your supervisa but sunsequent stays are 6 months.

Is that rule not still in effect?

Or does it now mean what i quoted is in force currently? I.e. up to the immigration officer's discretion upon entry, if no stamp provided then it counts as 6 months.

 

[neochanges1]

Hello @canuck78 and @Islander216 thank you both for responding. This really creates alot of anxiety for me cause I dont really know what to do. They also have a pending PR application from PGP 2019 and I dont want my FiL to overstay and jeopardize their application.

Basically when I called, the CIC agent forwarded through email about the article that says if your passport doesnt have a stamp, that means he can stay for 2 years.

The agent also brought up the refusal letter that says something about my FiL needs to leave before his current document expires which if we follow the 2 years, it wont be till Sept 2021.

I'll try calling another agent tmrw and I'll get a 2nd opinion.

 

[canuck78]

Hello @canuck78 and @Islander216 thank you both for responding. This really creates alot of anxiety for me cause I dont really know what to do. They also have a pending PR application from PGP 2019 and I dont want my FiL to overstay and jeopardize their application.

Basically when I called, the CIC agent forwarded through email about the article that says if your passport doesnt have a stamp, that means he can stay for 2 years.

The agent also brought up the refusal letter that says something about my FiL needs to leave before his current document expires which if we follow the 2 years, it wont be till Sept 2021.

I'll try calling another agent tmrw and I'll get a 2nd opinion.

Unfortunately the agents don’t always give correct advice. If the letter from CIC says he has to leave after his visa expires and not that he has been refused and he has to leave right away/in the next 30 days he should be fine. Even if he overstayed his PR would not be denied.

 

[neochanges1]

Unfortunately the agents don’t always give correct advice. If the letter from CIC says he has to leave after his visa expires and not that he has been refused and he has to leave right away/in the next 30 days he should be fine. Even if he overstayed his PR would not be denied.

Here's another follow up question and sorry for asking too many.

What makes you think that this wont have any affect on his PR approval?

 

[arunmanian]

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.

I tried requesting a quote for Visitor's insurance and there is no information that Covid 19 is not covered. Covid 19 coverage is not available for side trips that are out of Canada during their policy coverage.

 

[canuck78]

I tried requesting a quote for Visitor's insurance and there is no information that Covid 19 is not covered. Covid 19 coverage is not available for side trips that are out of Canada during their policy coverage.

You'll have to look at the fine print. Probably says something like pandemics or worldwide health events are not covered. Maybe under somwthing like known health risks. Would also ask the
company directly.

 

[canuck78]

Here's another follow up question and sorry for asking too many.

What makes you think that this wont have any affect on his PR approval?

PR application tend to be viewed separately not based on previous applications. As long as you qualify for PR and are not inadmissible people generally get approved. The information you provided on previous applications will be cross-checked to make sure that there are no inconsistency but that's about it.