Rejected visitor record extension - restoration or departure?

[mamapapaSL]

Hi all,
My mother-in-law initially arrived 2013/12 on a 5-year Super Visa. She returned back to her home country in 2017 and came back 2017/6, getting stamped in for an additional 2 years to 2019/6. Have applied and been approved for Visitor Record extensions since. All the while we've been unsuccessfully trying to win the Parent & Grandparent sponsorship lottery. Her latest visitor record was valid to end of October 2021. Applied early October for a visitor record extension. Received a refusal letter on Saturday with generic reasons, indicating she is now out of status and must leave Canada immediately.
A few questions: what does immediately mean? Want to confirm she's out of status as of refusal date and not late October 2021? Also, does the fact that she's out of status now mean she will be considered an overstay even if she returns home in the next week or two? In other words, is this going to hurt her chances if she returns to her home country and we apply for another Super Visa (or eventually win the Parent/Grandparent lottery!)? Or would it be advisable to apply to restore status, and if approved, have her return to her country?
I don't want her to go back home, and then in our next Super Visa application find out she's inadmissible.
Trying to figure out if we just send her home now without putting up a fight, or is it better to apply for restoration first?
We're also not clear on whether the 'leave immediately' line is considered a removal order, and would require her to get a certificate of departure when departing Canada?
Thanks in advance for input.

 

[Alihussain]

Hi all,
My mother-in-law initially arrived 2013/12 on a 5-year Super Visa. She returned back to her home country in 2017 and came back 2017/6, getting stamped in for an additional 2 years to 2019/6. Have applied and been approved for Visitor Record extensions since. All the while we've been unsuccessfully trying to win the Parent & Grandparent sponsorship lottery. Her latest visitor record was valid to end of October 2021. Applied early October for a visitor record extension. Received a refusal letter on Saturday with generic reasons, indicating she is now out of status and must leave Canada immediately.
A few questions: what does immediately mean? Want to confirm she's out of status as of refusal date and not late October 2021? Also, does the fact that she's out of status now mean she will be considered an overstay even if she returns home in the next week or two? In other words, is this going to hurt her chances if she returns to her home country and we apply for another Super Visa (or eventually win the Parent/Grandparent lottery!)? Or would it be advisable to apply to restore status, and if approved, have her return to her country?
I don't want her to go back home, and then in our next Super Visa application find out she's inadmissible.
Trying to figure out if we just send her home now without putting up a fight, or is it better to apply for restoration first?
We're also not clear on whether the 'leave immediately' line is considered a removal order, and would require her to get a certificate of departure when departing Canada?
Thanks in advance for input.

Sad news yes it looks like removal order

it happened to my sister once she tried to appeal it they wouldn’t take it even with attorney however after she left she applied for visa and got it immediately with no hassle

she said it’s only the karma that she didn’t apply on time

I don’t know if my information could help your situation

good luck

 

[Bornlucky]

Hi all,
My mother-in-law initially arrived 2013/12 on a 5-year Super Visa. She returned back to her home country in 2017 and came back 2017/6, getting stamped in for an additional 2 years to 2019/6. Have applied and been approved for Visitor Record extensions since. All the while we've been unsuccessfully trying to win the Parent & Grandparent sponsorship lottery. Her latest visitor record was valid to end of October 2021. Applied early October for a visitor record extension. Received a refusal letter on Saturday with generic reasons, indicating she is now out of status and must leave Canada immediately.
A few questions: what does immediately mean? Want to confirm she's out of status as of refusal date and not late October 2021? Also, does the fact that she's out of status now mean she will be considered an overstay even if she returns home in the next week or two? In other words, is this going to hurt her chances if she returns to her home country and we apply for another Super Visa (or eventually win the Parent/Grandparent lottery!)? Or would it be advisable to apply to restore status, and if approved, have her return to her country?
I don't want her to go back home, and then in our next Super Visa application find out she's inadmissible.
Trying to figure out if we just send her home now without putting up a fight, or is it better to apply for restoration first?
We're also not clear on whether the 'leave immediately' line is considered a removal order, and would require her to get a certificate of departure when departing Canada?
Thanks in advance for input.

I deserve a beer for this:

Hi, here's your situation as I understand it.

Your mother doesn't currently have temporary status because her request for an extension of that status has been refused.

She is not the subject of a removal order, but has been directed to depart Canada. To have a removal order there would have to be a report written and she'd be served documents and become the subject of a Departure Order (I believe). There are 3 types of removal orders, Exclusion, Departure and Deportation and they have differing effects.

You could apply for restoration but according to your information she's been here for quite awhile and it's unlikely to succeed.

While she doesn't have any status currently, if she takes reasonable actions to leave then it isn't likely to have any effect is she leaves within a week or two.

You probably don't need reminding but for other interested parties, Temporary Resident means temporary. If you move in it makes it tougher to move out. It's tough to balance immigrating to a new country and having to leave more constant contact with your loved ones.

All the best

 

[mamapapaSL]

I deserve a beer for this:

Hi, here's your situation as I understand it.

Your mother doesn't currently have temporary status because her request for an extension of that status has been refused.

She is not the subject of a removal order, but has been directed to depart Canada. To have a removal order there would have to be a report written and she'd be served documents and become the subject of a Departure Order (I believe). There are 3 types of removal orders, Exclusion, Departure and Deportation and they have differing effects.

You could apply for restoration but according to your information she's been here for quite awhile and it's unlikely to succeed.

While she doesn't have any status currently, if she takes reasonable actions to leave then it isn't likely to have any effect is she leaves within a week or two.

You probably don't need reminding but for other interested parties, Temporary Resident means temporary. If you move in it makes it tougher to move out. It's tough to balance immigrating to a new country and having to leave more constant contact with your loved ones.

All the best

Appreciate it! . Yes it's a balancing act with the visitor status. The Super Visa is a sort of grey area as if you're from a country with 10-year passports you're essentially able to come for 2 years at a time for the whole ten years. Not going to start venting about the PG sponsorship system!!
If she's not considered as an overstay in their eyes would likely be better to send her home for a bit before applying for another Super VisaCheers!

 

[canuck78]

Appreciate it! . Yes it's a balancing act with the visitor status. The Super Visa is a sort of grey area as if you're from a country with 10-year passports you're essentially able to come for 2 years at a time for the whole ten years. Not going to start venting about the PG sponsorship system!!
If she's not considered as an overstay in their eyes would likely be better to send her home for a bit before applying for another Super VisaCheers!

Given that she has spent most of the past 9 years in Canada she should be looking at returning home for a significant time. Although supervisas allow you to spend a significant time in Canada they aren’t intended to allow parents to move to Canada. Canada has become pretty lenient with extension but that was partly due to to Covid. This is especially the case because she has to apply for a new supervisa and convince IRCC that she has strong ties to her home country.

 

[scylla]

Appreciate it! . Yes it's a balancing act with the visitor status. The Super Visa is a sort of grey area as if you're from a country with 10-year passports you're essentially able to come for 2 years at a time for the whole ten years. Not going to start venting about the PG sponsorship system!!
If she's not considered as an overstay in their eyes would likely be better to send her home for a bit before applying for another Super VisaCheers!

She is not an overstay at this point. I agree the best option is to have her leave given how long she has been in Canada. I would personally recommend that she remain outside of Canada for a full year before applying for the super visa.

 

[Copingwithlife]

Appreciate it! . Yes it's a balancing act with the visitor status. The Super Visa is a sort of grey area as if you're from a country with 10-year passports you're essentially able to come for 2 years at a time for the whole ten years. Not going to start venting about the PG sponsorship system!!
If she's not considered as an overstay in their eyes would likely be better to send her home for a bit before applying for another Super VisaCheers!

That’s a understatement. A “ grey area ?”
The person is temporary. They were always temporary. You’re pushing the envelope. And the PG sponsorship would have been known when you immigrated or when you did your research . It shouldn’t come as a surprise.
A “ grey area ?” You just can’t make this stuff up . 2013 ?? So in essence been here nine years ? Give a inch , people will take a mile. Your first name wouldn’t be by the way Ken or Terry ,would it ?

 

[mamapapaSL]

That’s a understatement. A “ grey area ?”
The person is temporary. They were always temporary. You’re pushing the envelope. And the PG sponsorship would have been known when you immigrated or when you did your research . It shouldn’t come as a surprise.
A “ grey area ?” You just can’t make this stuff up . 2013 ?? So in essence been here nine years ? Give a inch , people will take a mile. Your first name wouldn’t be by the way Ken or Terry ,would it ?

No need to get personal. Never said we weren't thankful either. Just dealing with our current situation.
Thanks for your input though.

 

[qwertas]

So the super visa allows to stay in Canada up to 2 years during 10 years period, right? If parents stayed for 2 years, are they able to leave (for how long?) and re-enter Canada again using the same super visa for up to 2 years?

 

[scylla]

So the super visa allows to stay in Canada up to 2 years during 10 years period, right? If parents stayed for 2 years, are they able to leave (for how long?) and re-enter Canada again using the same super visa for up to 2 years?

If someone has been in Canada for two years, then ideally they should remain outside of Canada for at least 8 months (longer would be better - e.g 1 year) before returning for another 2 year visit. There's no black and white rule regarding this. However you want to avoid the appearance that someone is attempting to continuously live in Canada year after year. So you'd definitely want to avoid just leaving for a few weeks and then attempting to return for another 2 years. Ultimately whether someone is allowed in and for how long is always up to CBSA. Hope that helps.

 

[qwertas]

If someone has been in Canada for two years, then ideally they should remain outside of Canada for at least 8 months (longer would be better - e.g 1 year) before returning for another 2 year visit. There's no black and white rule regarding this. However you want to avoid the appearance that someone is attempting to continuously live in Canada year after year. So you'd definitely want to avoid just leaving for a few weeks and then attempting to return for another 2 years. Ultimately whether someone is allowed in and for how long is always up to CBSA. Hope that helps.

Is there an official statement regarding 8-12 months being outside Canada?
I'm just asking, I was trying to find an official answer but didn't find anything

 

[scylla]

Is there an official statement regarding 8-12 months being outside Canada?
I'm just asking, I was trying to find an official answer but didn't find anything

There is no official statement and you aren't going to find any rules around this anywhere. Don't waste your time looking.

It's basically up to CBSA and they generally want to see that you are spending as much or more time outside of Canada than inside of Canada as a visitor. So as a general rule, you want to remain outside of Canada for a while after a long visit to Canada.

 

[scylla]

Is there an official statement regarding 8-12 months being outside Canada?
I'm just asking, I was trying to find an official answer but didn't find anything

You can also think of it this way...

The super visa does allow long visits but it is not supposed to be used to "move" to Canada. That's how CBSA approaches the situation and their perspective. They are ultimately the ones who decide if someone is going to be allowed into Canada and for how long someone is allowed into Canada. So think about how your actions look from the perspective of CBSA. If it may appear you've moved to Canada on a super visa or attempting to live permanently in Canada on a super visa, that can become problematic at the border. CBSA still wants to see that a super visa holder still has ties to their home country, which includes living there.

If you want to stay beyond the two years, you can also try to extend your stay from inside of Canada. Generally speaking that's a better option than leaving for a few weeks and then trying to re-enter Canada for 2 years.

Hope that helps.

 

[qwertas]

You can also think of it this way...

The super visa does allow long visits but it is not supposed to be used to "move" to Canada. That's how CBSA approaches the situation and their perspective. They are ultimately the ones who decide if someone is going to be allowed into Canada and for how long someone is allowed into Canada. So think about how your actions look from the perspective of CBSA. If it may appear you've moved to Canada on a super visa or attempting to live permanently in Canada on a super visa, that can become problematic at the border. CBSA still wants to see that a super visa holder still has ties to their home country, which includes living there.

If you want to stay beyond the two years, you can also try to extend your stay from inside of Canada. Generally speaking that's a better option than leaving for a few weeks and then trying to re-enter Canada for 2 years.

Hope that helps.

Thank you for a detailed answer, it does help and I appreciate your time.
Am I right assuming super visa allows to stay up to 2 years and can be used multiple times during 10 year period? Let's say 2 years in Canada, one year outside, 2 years in Canada again - using the same super visa during 10 years period? It's not very clear to me.

 

[Miledarome]

Sad news yes it looks like removal order

it happened to my sister once she tried to appeal it they wouldn’t take it even with attorney however after she left she applied for visa and got it immediately with no hassle

she said it’s only the karma that she didn’t apply on time

I don’t know if my information could help your situation

good luck

So if I get it right, she got a departure order, then applied for visitor Visa outside Canada and it was approved?