Parent Applied as InLand and Visit Visa Expiring Soon

[bikanair]

My father applied for permanent residence as an inland applicant in Jan 2021, he was asked for some further medical tests which were completed in the 1st week of June 2022 but after three and a half months of that ecas still has no update on medical ( still shows an old message that they request some further medical tests). Now my father's visit visa is going to expire at the end of October 2022 (He already got two extensions in his stay but now the visit visa is expiring).

What are our options, does he need to exit Canada before the expiry of the visa and wait for a decision in his home country or he can get an extension on his visit visa?

 

[scylla]

My father applied for permanent residence as an inland applicant in Jan 2021, he was asked for some further medical tests which were completed in the 1st week of June 2022 but after three and a half months of that ecas still has no update on medical ( still shows an old message that they request some further medical tests). Now my father's visit visa is going to expire at the end of October 2022 (He already got two extensions in his stay but now the visit visa is expiring).

What are our options, does he need to exit Canada before the expiry of the visa and wait for a decision in his home country or he can get an extension on his visit visa?

There's no inland processing for parent PR applications.

He needs to apply for an extension to his visitor visa if he wants to stay longer.

 

[Bornlucky]

My father applied for permanent residence as an inland applicant in Jan 2021, he was asked for some further medical tests which were completed in the 1st week of June 2022 but after three and a half months of that ecas still has no update on medical ( still shows an old message that they request some further medical tests). Now my father's visit visa is going to expire at the end of October 2022 (He already got two extensions in his stay but now the visit visa is expiring).

What are our options, does he need to exit Canada before the expiry of the visa and wait for a decision in his home country or he can get an extension on his visit visa?

Hey there,

The Temporary Residence Visa (TRV) gets a person on an airplane and eases movement through a Port of Transit or Entry. Once the person is in Canada then the TRV is only important if you depart Canada and wish to return.

The maintenance of the Temporary Resident's status in Canada is important in order to stay away from any enforcement issues and to simply comply with the law of the land. You've gone through the inland extension process so it's his Visitor's Record that matters now.

I suggest that you apply for another extension - I understand that there's some sort of increase in what IRCC sees as a reasonable temporary stay on a Super Visa (5 years now, maybe?). You could Google any announcements or Minister's commentaries to substantiate and provide to the decision-maker.

With the inland application lingering it's reasonable to stress that while your father has taken up Canada's offer to consider Humanitarian and Compassionate grounds for people seeking to remain in Canada permanently, the length of the process is beyond your influence and that it is your intention to respect the Super Visa provisions including health insurance, housing and his continued care.

Objectively, you're trying to take care of an elderly parent's best interests; develop a new life in a new land; and, you're complying with the system's restrictions as well as its opportunities through the Super-Visa and H&C processes.

Good luck to you.

 

[bikanair]

Hey there,

The Temporary Residence Visa (TRV) gets a person on an airplane and eases movement through a Port of Transit or Entry. Once the person is in Canada then the TRV is only important if you depart Canada and wish to return.

The maintenance of the Temporary Resident's status in Canada is important in order to stay away from any enforcement issues and to simply comply with the law of the land. You've gone through the inland extension process so it's his Visitor's Record that matters now.

I suggest that you apply for another extension - I understand that there's some sort of increase in what IRCC sees as a reasonable temporary stay on a Super Visa (5 years now, maybe?). You could Google any announcements or Minister's commentaries to substantiate and provide to the decision-maker.

With the inland application lingering it's reasonable to stress that while your father has taken up Canada's offer to consider Humanitarian and Compassionate grounds for people seeking to remain in Canada permanently, the length of the process is beyond your influence and that it is your intention to respect the Super Visa provisions including health insurance, housing and his continued care.

Objectively, you're trying to take care of an elderly parent's best interests; develop a new life in a new land; and, you're complying with the system's restrictions as well as its opportunities through the Super-Visa and H&C processes.

Good luck to you.

Thank you for your detailed response. Can we still apply for extension as his visitor visa is going to expire as my understanding was you can only apply for extension in stay as long as you have a valid visitor visa but if your visa is expiring then only option is to apply for new visitor visa?

 

[Bornlucky]

Thank you for your detailed response. Can we still apply for extension as his visitor visa is going to expire as my understanding was you can only apply for extension in stay as long as you have a valid visitor visa but if your visa is expiring then only option is to apply for new visitor visa?

You can apply for an extension of his Visitor's Record without concern about the Temporary Residence Visa's validity. Visas get you here and Visitor's status is gained when you're lawfully admitted to the country, and his valid visitor's status is maintained by applying for extensions of the Visitor's Record.

Everything sounds similar but each has its function and these two things are independent processes. Keep your dad in status by applying to extend his Visitor's Record.

 

[canuck78]

Thank you for your detailed response. Can we still apply for extension as his visitor visa is going to expire as my understanding was you can only apply for extension in stay as long as you have a valid visitor visa but if your visa is expiring then only option is to apply for new visitor visa?

You can try to extend his status but with average processing times being closer to 3 years now he may have to return to his home country at a certain point. There is a backlog when it comes to reviewing medicals. A physician will be reviewing his medical and determining whether he needs further testing or whether he is over or under the amount that is determined to be an excessive demand on the healthcare system.

 

[canuck78]

Hey there,

The Temporary Residence Visa (TRV) gets a person on an airplane and eases movement through a Port of Transit or Entry. Once the person is in Canada then the TRV is only important if you depart Canada and wish to return.

The maintenance of the Temporary Resident's status in Canada is important in order to stay away from any enforcement issues and to simply comply with the law of the land. You've gone through the inland extension process so it's his Visitor's Record that matters now.

I suggest that you apply for another extension - I understand that there's some sort of increase in what IRCC sees as a reasonable temporary stay on a Super Visa (5 years now, maybe?). You could Google any announcements or Minister's commentaries to substantiate and provide to the decision-maker.

With the inland application lingering it's reasonable to stress that while your father has taken up Canada's offer to consider Humanitarian and Compassionate grounds for people seeking to remain in Canada permanently, the length of the process is beyond your influence and that it is your intention to respect the Super Visa provisions including health insurance, housing and his continued care.

Objectively, you're trying to take care of an elderly parent's best interests; develop a new life in a new land; and, you're complying with the system's restrictions as well as its opportunities through the Super-Visa and H&C processes.

Good luck to you.

It makes no sense to switch to an H&C application if the PGP is still being processed. Approval rates are much higher for PGP applications than H&C applications. H&C applications are also not the proper way to sponsor parents to get PR. Given that he has already been selected for PGP IRCC would question what makes his case H&C and why he can’t pursue his PGP application.

 

[Bornlucky]

It makes no sense to switch to an H&C application if the PGP is still being processed. Approval rates are much higher for PGP applications than H&C applications. H&C applications are also not the proper way to sponsor parents to get PR. Given that he has already been selected for PGP IRCC would question what makes his case H&C and why he can’t pursue his PGP application.

Please post anything from the Act, Regulations or Policies that detail how an H&C is an improper way for a parent to receive Permanent Residence status.

As for being selected for the PGP - I didn't see where that was stated. As such, it looks to me like an inland (H&C) application is what's outstanding. If so, there is no "switch."

"My father applied for permanent residence as an inland applicant..." If there is a PGP ongoing then the H&C comments are immaterial.

Carry on.

 

[canuck78]

Please post anything from the Act, Regulations or Policies that detail how an H&C is an improper way for a parent to receive Permanent Residence status.

As for being selected for the PGP - I didn't see where that was stated. As such, it looks to me like an inland (H&C) application is what's outstanding. If so, there is no "switch."

"My father applied for permanent residence as an inland applicant..." If there is a PGP ongoing then the H&C comments are immaterial.

Carry on.

H&C is not the proper way to sponsor parents. There is an actual program to sponsor parents. There has to be exceptional circumstances to get approved for H&C and there are many parents who get denied H&C because there weren’t exceptional circumstances. The increased length of a supervisa will also allow parents to remain in Canada longer and has given Canada a way to allow parents to remain in Canada longer term without granting them PR. They both posted under family sponsorship, have posted about PGP and declared they have sponsored them inland and although incorrect describes the PGP process with medical first not the H&C process.

 

[Bornlucky]

H&C is not the proper way to sponsor parents. There is an actual program to sponsor parents. There has to be exceptional circumstances to get approved for H&C and there are many parents who get denied H&C because there weren’t exceptional circumstances. The increased length of a supervisa will also allow parents to remain in Canada longer and has given Canada a way to allow parents to remain in Canada longer term without granting them PR. They both posted under family sponsorship, have posted about PGP and declared they have sponsored them inland and although incorrect describes the PGP process with medical first not the H&C process.

Please post anything from the Act, Regulations or Policies that detail how an H&C is an improper way for a parent to receive Permanent Residence status.

No mention of sponsorship on my part. I'm aware of the program for sponsoring parents and grandparents.

I didn't see the PGP posts and went by the mention of an inland application - oops.

Carry on.