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Supervisa with current TRV

EFK123

Star Member
Jul 23, 2017
148
53
Hi,

I have a somewhat unique situation for a relative.

She is a widow and all 3 children and their spouses are Canadian PRs, and grandchildren are Canadian citizens. 2 out of 5 of her siblings are also all here.
Everyone has made their final move from the MiddleEast, where she has lived with her husband and then kids for the past 40 years not working (dependant). Everyone is out of the MiddleEast and no ties left there.

Noone has ever lived in the home country (Political and social situation in Pakistan and especially the city they are from is very very bad)

We need her to stay with the children as she is highly dependant on them emotionally and physically - she is not too aged but has some difficulties. She cannot live without the kids at all even for short periods, and now, she isn't able to travel much either due to health.
She has an elderly parent and siblings in Pakistan but she hasn't lived there in 40 years and cannot go live with them since
1) They are barely managing financially on their own in the situation there, and there is no way that they can take care of her
2) Her relationship with them is not like her relationship with her own children so she won't be able to manage
3) She cannot travel from Canada to Pakistan anymore on her own
4) The situation in Pakistan is not safe especially as they are all in an area with minority communities and recently lots of protests, riots etc against the community
again, she hasn't lived there in 40 years so no base at all... so culturally she can't go and do that longterm - short visits are still okay

She is currently in Canada on a TRV, which we have applied for extension due to COVID. She has a valid US visa, so we were planning to travel for 2-3 weeks for an exit to meet other relatives but COVID hit so we have applied for incountry extension.

So our initial plan was to apply for the parental sponsorship (PGG). However, the kids need 3 years of income to even qualify and hope to get the lottery in that case.
The second option was to look into Humanitarian and Compassion (H&C) - however, from what I have studied in this group, the chances of approval seem to be very low.
We contacted a lawyer as we want to go through the most correct legal ways possible, and they suggested to wait for her visitor extension - hopefully in the next month or 2... and then immediately apply for H&C... and then reapply for a new extension of current status under the cover of a supervisa while we are all in country... since H&C won't give her status, so while the application is in process, get the status from supervisa.
I feel that H&C and supervisa are contradictory? Why would IRCC accept a supervisa application if there is an H&C in process? So I'm not comfortable with this suggestion.

I want an honest opinion from the experienced people on this forum - what is the correct way to go about this?

Should we apply for an extension of visitor status under the cover of a supervisa (we have to wait until NOAs in Feb/March to prove 12 months income) so will be doing it at that time (not sure until when they will give an extension of current TRV either?)
Or should she apply for supervisa from the US? (lawyer said that we can mail the passport to 2 offices in the US to get the counterfoil for supervisa AFTER extending her status from incountry)
Is this correct?

What would be the best way forward? I want to ensure that she gets a 10 years supervisa... just a 2 year extension wont really help unless she can stay here another 2 years and then get counterfoil from outside somehow? (if from US, then we can travel sooner than the 2 years)

We would like to apply for her PR status eventually if its an option ... but more importantly, we need to ensure that she is physically present with us for a few more years until we are all settled... and then figure out the best way.. So should we extend visitor status under supervisa for now? is that a good idea? I would like the supervisa to be valid for 10 years.. so that even if she has to go and come outside country for a few weeks after 2 years, that is still doable.... and then should we look into H&C? With H&C, I read on this forum that the chance of future TRVs are very slim so cannot risk getting rejected in the future at all... so that has become the new concern (lawyer has not informed us of this - just the forum).
Grandchildren are EXTREMELY attached to her and cannot even manage one day away from her (very young kids but they need grandma all the time)

Looking forward to what is the best method to proceed keeping everything legal and satisfying all requirements without any contradictions?

Honestly we have have done all applications using this forum as support, but for this case we contacted a lawyer since it is more complicated and we were considering H&C... but now I'm not sure anymore...
Also....we can arrange for medical insurance as required.
Kids have all just started working so will need time to settle in and get the required income etc.. so need time for that.
There is genuinely no other place that she can go as a Pakistani widow, and she cannot be apart from kids for even a few months at all... it might be a cultural thing but she is highly dependent so really in a dilemma here.

Looking forward to some suggestions on what is the best route to proceed.

Thankyou
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi,

I have a somewhat unique situation for a relative.

She is a widow and all 3 children and their spouses are Canadian PRs, and grandchildren are Canadian citizens. 2 out of 5 of her siblings are also all here.
Everyone has made their final move from the MiddleEast, where she has lived with her husband and then kids for the past 40 years not working (dependant). Everyone is out of the MiddleEast and no ties left there.

Noone has ever lived in the home country (Political and social situation in Pakistan and especially the city they are from is very very bad)

We need her to stay with the children as she is highly dependant on them emotionally and physically - she is not too aged but has some difficulties. She cannot live without the kids at all even for short periods, and now, she isn't able to travel much either due to health.
She has an elderly parent and siblings in Pakistan but she hasn't lived there in 40 years and cannot go live with them since
1) They are barely managing financially on their own in the situation there, and there is no way that they can take care of her
2) Her relationship with them is not like her relationship with her own children so she won't be able to manage
3) She cannot travel from Canada to Pakistan anymore on her own
4) The situation in Pakistan is not safe especially as they are all in an area with minority communities and recently lots of protests, riots etc against the community
again, she hasn't lived there in 40 years so no base at all... so culturally she can't go and do that longterm - short visits are still okay

She is currently in Canada on a TRV, which we have applied for extension due to COVID. She has a valid US visa, so we were planning to travel for 2-3 weeks for an exit to meet other relatives but COVID hit so we have applied for incountry extension.

So our initial plan was to apply for the parental sponsorship (PGG). However, the kids need 3 years of income to even qualify and hope to get the lottery in that case.
The second option was to look into Humanitarian and Compassion (H&C) - however, from what I have studied in this group, the chances of approval seem to be very low.
We contacted a lawyer as we want to go through the most correct legal ways possible, and they suggested to wait for her visitor extension - hopefully in the next month or 2... and then immediately apply for H&C... and then reapply for a new extension of current status under the cover of a supervisa while we are all in country... since H&C won't give her status, so while the application is in process, get the status from supervisa.
I feel that H&C and supervisa are contradictory? Why would IRCC accept a supervisa application if there is an H&C in process? So I'm not comfortable with this suggestion.

I want an honest opinion from the experienced people on this forum - what is the correct way to go about this?

Should we apply for an extension of visitor status under the cover of a supervisa (we have to wait until NOAs in Feb/March to prove 12 months income) so will be doing it at that time (not sure until when they will give an extension of current TRV either?)
Or should she apply for supervisa from the US? (lawyer said that we can mail the passport to 2 offices in the US to get the counterfoil for supervisa AFTER extending her status from incountry)
Is this correct?

What would be the best way forward? I want to ensure that she gets a 10 years supervisa... just a 2 year extension wont really help unless she can stay here another 2 years and then get counterfoil from outside somehow? (if from US, then we can travel sooner than the 2 years)

We would like to apply for her PR status eventually if its an option ... but more importantly, we need to ensure that she is physically present with us for a few more years until we are all settled... and then figure out the best way.. So should we extend visitor status under supervisa for now? is that a good idea? I would like the supervisa to be valid for 10 years.. so that even if she has to go and come outside country for a few weeks after 2 years, that is still doable.... and then should we look into H&C? With H&C, I read on this forum that the chance of future TRVs are very slim so cannot risk getting rejected in the future at all... so that has become the new concern (lawyer has not informed us of this - just the forum).
Grandchildren are EXTREMELY attached to her and cannot even manage one day away from her (very young kids but they need grandma all the time)

Looking forward to what is the best method to proceed keeping everything legal and satisfying all requirements without any contradictions?

Honestly we have have done all applications using this forum as support, but for this case we contacted a lawyer since it is more complicated and we were considering H&C... but now I'm not sure anymore...
Also....we can arrange for medical insurance as required.
Kids have all just started working so will need time to settle in and get the required income etc.. so need time for that.
There is genuinely no other place that she can go as a Pakistani widow, and she cannot be apart from kids for even a few months at all... it might be a cultural thing but she is highly dependent so really in a dilemma here.

Looking forward to some suggestions on what is the best route to proceed.

Thankyou
I would personally apply for the super visa and not H&C.

H&C applications can be risky. As you've identified, they demonstrate an intent to remain in Canada long term. It think it's possible the super visa may be put in jeopardy if you launch that and an H&C application at the same time. Additionally, an H&C refusal typically results in the cancelation of any TRV/super visa. So you would be risking that as well (i.e. that the H&C application is refused, TRV or super visa is canceled, and then she is told to leave Canada and can't return until PR is approved).

Given she has parents and siblings in Pakistan, I'm not sure an H&C argument will be convincing. H&C applications are usually strongest when there are zero immediate family members in the home country.

Ultimately your call. None of us can predict the outcome.

As an FYI - a 10 year super visa doesn't mean is can stay here for 10 years straight. She will still need to apply for extensions every two years and extensions are not guaranteed.
 

canuck78

VIP Member
Jun 18, 2017
55,710
13,563
Would also add that supervisa is not guaranteed. She seems to have arrived with one of her children and essentially has “moved” with one of them to Canada. That isn’t viewed very favourably by CIC. She doesn’t currently seem to have any ties proving she will return to Pakistan or the Middle Eastern country which is one of the things that is examined when applying for a visitor. Assume she had quite a few ties when she applied for a TRV from one of the countries in the Middle East.

Having your parents visit or live in Canada is not guaranteed when moving to Canada irregardless of your cultural norms. It appears that all the children are somewhat recent immigrants so you would have known this would be an issue.
 

EFK123

Star Member
Jul 23, 2017
148
53
Thankyou -could you please advise the best way forward to apply for the supervisa?
Should we get lawyers involved in this?
How can it be done while she is in Canada? The lawyer had mentioned applying through USA, but the applicant has never visited USA yet (only has a visit visa stamp..no travel yet)
The other option was the "extend under supervisa cover" which we are still trying to understand... how would that work in terms of getting the visa counterfoil on the passport and recurrent entries as they are planning trips to the USA and outside the country etc too...