Parents Super Visa processing time for retired Indian army officer

[canuck78]

The term "family" is used contextually in Canadian immigration law. Meaning, IRCC treats the meaning of family or family unit depending upon where they occur. For instance, consider the Family-class visa program.

IRCC official page provides this handy guide : https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-process.html

Its clear that Canadian immigration considers Parent and Grandparents as "Family-class immigration".

We can also see that in this page only, they clarify.


So, yes, Parents and Grandparents are considered FAMILY in context of family-class sponsorship and family-class immigration. And indeed, family reunion has been, atleast nominally, a goal of canadian immigration under present regime.

Does it mean "family" ALWAYS include parents and grandparents. The answer is NO. In certain contexts, especially when "family-unit" is mentioned, it DOES NOT INCLUDE. For instance when you are immigrating as an economic immigrant, you can not add a parent or grandparent as a dependent because they are NOT considered part of family-unit.

Hope it helps.



When it comes to IRCC, you never know WHY your application is stuck. Sometimes, it is stuck expecting a document and even the intimation of that is LOST. Yes, IRCC LOOSES emails too. I have suffered this first hand. IRCC failed to send an email giving BIL for my wife during my PR application. When IRCC takes more time than it expects to process your application, it is INDEED advisable to investigate. It is NOT a client's mistake that Canadian immigration processing is a complete mess and fails to give a detailed status and likes to hide things -- mostly because of their archaic GCMS system and NOT due to malevolence.

As they say, where there is smoke, there is fire. So getting GCMS notes, asking IRCC about delay in processing and calling them out on phone is all kosher. Does one need to do ALL of them at once? Ofcourse not! But being aware of various means is vital. And if you go through my answer I have mentioned them as options.

Family class and the term family are different. Family is defined as spouse and children under 22 for IRCC. If you are stuck in background check and you have a military background it is very easy to but two and two together.

 

[canuck78]

Has your daughter attempted to retrive GCMS notes of your application? I am aware it takes more than usual these days but if you can get GCMS notes of your application, it will give you most certain reason about why your application is delayed.

My wife's Biometric Letter notification was lost in email and was not notified to us at all. It was a good thing that I was checking our account like a maniac back then. Just look more throughly if there has been any kind of communication.

I know its too late but you folks might have applied for a TRV. It ... might have allowed you to visit canada sooner. TRV processing is less stringent than SuperVisa AFAIK. It allows you to say for six months but you can apply for a visitor record too upon reaching the end of you initial stay. I did this exactly for my parents. I originally used TRV when my wife was preggers. Now when again my parents visited, I applied for a Visitor Record to extend their visit. So they came to Canada this time around in May 2021 and in Oct we applied for Visitor Record and they gave us visitor record valid till Nov 2023. I have an autistic son and parents were visiting after a long time (due to covid) so probably IRCC has been sympathetic. This way my parents will be with me for 6+12 = 18 months. Also while your Visitor Record is processing you get to stay in Canada till it processes. So IRCC processes VR lightening fast. My parents got their processed in 8 days flat!

Bonus? I will apply for their Super Visa once they reach home. And then they can again visit us as visitors and let their Super Visa to process.

You are referring to TRV extension during Covid time which were more generous so there isn’t a guarantee of long extensions like three was during that time. There will still be extensive background checks no matter what when it comes to a significant military background especially if parents are likely to visit for a long period of time.

 

[GandiBaat]

You are referring to TRV extension during Covid time which were more generous so there isn’t a guarantee of long extensions like three was during that time. There will still be extensive background checks no matter what when it comes to a significant military background especially if parents are likely to visit for a long period of time.

No, I got my parents stay extended by Visitor Record last November only. That is well outside the covid time. I got 1 year of visitor record. I did mention in it that my son is autistic and had not seen his grandparents since birth.

SuperVisa is a potentially 5 year visa. The risk profile changes. In contrast, initial TRV allows only six months of stay. You can see this in the throughness of inadmissibility testing they do. For TRV, they typically do not check for medical inadmissibility (less than 6 months of stay) BUT they do for SuperVisa and even a visitor record. This is change of risk profile.

Also, think about it, there are countries for that Canada does not even require a TRV. That list is pretty long. They use eTA process and that process does not even ask the question about military background (https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/eta/english.pdf). Infact, if you are travelling by sea or land, you do not even need to do eTA. On basis of that, I doubt the background check for a visitor visa will be that extensive that they will involve CSIS / FBI etc.

 

[GandiBaat]

Family is defined as spouse and children under 22 for IRCC

Can you quote IRPA/IRPR where it defines family as such?

FYI.

https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-1.html

• Definition of family member
  (3) For the purposes of the Act, other than section 12 and paragraph 38(2)(d), and for the purposes of these Regulations, other than paragraph 7.1(3)(a) and sections 159.1 and 159.5, family member in respect of a person means
  • (a) the spouse or common-law partner of the person;
  • (b) a dependent child of the person or of the person’s spouse or common-law partner; and
  • (c) a dependent child of a dependent child referred to in paragraph (b).

Now what is section 12?

https://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-12.html

Family reunification

• 12 (1) A foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

So there you have it! For purpose of FAMILY REUNIFICATION, the definition of family is DIFFERENT than the usual.

As I said it before, its contextual. For Family reunification, they do not define family member as "spouse and children under 22". Elsewhere they do.

Hope it clarifies all the doubts.

 

[GandiBaat]

It's better to withdraw the application and reapply. The visa officer must have forgotten our files.. so that new file will be assigned to a different visa officer

Its not necessary to withdraw one application. You can apply for a different visa like TRV.

 

[Manoj957]

My daughter applied for parents super visa in August 2022. My husband is a retired army officer since 2009. However, we were informed by our consultant that it would take 8-9 months. We received a self declaration form from Canadian embassy in February 2023. It was duly filled and received by Canadian embassy by March 10th. Ever since we are waiting month by month. I fail to understand when all details have been provided by the earnest officer, then why is it taking so long for background the check. ts been 9.5 months now.
My anxiety is on rise because my daughter is pregnant and is due to deliver by mid June23. We have sent requests too. And did receive a response yesterday that application is being reviewed.
I am POSITIVE that our visa will arrive. Just need to know how much is expected time in processing of the same?

Have you got any update?

 

[mann20]

Hi, did you get any update. My parents case is almost same. Applied in January 2023. IRCC requested one self declaration form in June 2023. After submission, no news yet.

 

[Geeta Hiteshi]

Dear all
Thanks for all of your suggestions. Just to update, all suggestions have been implemented. The local MP was addressed by my daughter and local MP respected our appeal and took it up officially with the IRCC.
Last web response we received from IRCC said that it's a complex visa process and is ongoing. Our documents are in place. My file is clear but is held as approval of the spouse's file is awaited. They have asked us, the applicants to be patient.

However, our anxiety still persists. As it's been 13 months 1 week now that my husband's background check is still not complete. ( We assume).
Anyways we are staying

Hi, did you get any update. My parents case is almost same. Applied in January 2023. IRCC requested one self declaration form in June 2023. After submission, no news yet.

Yes, we to received a self declaration form. After that the response was... IN PROCESS.

 

[Geeta Hiteshi]

Dear all
Thanks for all of your suggestions. Just to update, all suggestions have been implemented. The local MP was addressed by my daughter and local MP respected our appeal and took it up officially with the IRCC.
Last web response we received from IRCC said that it's a complex visa process and is ongoing. Our documents are in place. My file is clear but is held as approval of the spouse's file is awaited. They have asked us, the applicants to be patient.

However, our anxiety still persists. As it's been 13 months 1 week now that my husband's background check is still not complete. ( We assume).
Anyways we are staying POSITIVE.






Yes, we to received a self declaration form. After that the response was... IN PROCESS.

 

[Geeta Hiteshi]

Everyone tells us in such cases mostly visa's arrive latest by 14- 15 months.
Our 14th month has begun. Do, now we are absolutely positive, that soon our visa shall be in our mailbox.

 

[Geeta Hiteshi]

Dear all
Thanks for all of your suggestions. Just to update, all suggestions have been implemented. The local MP was addressed by my daughter and local MP respected our appeal and took it up officially with the IRCC.
Last web response we received from IRCC said that it's a complex visa process and is ongoing. Our documents are in place. My file is clear but is held as approval of the spouse's file is awaited. They have asked us, the applicants to be patient.

However, our anxiety still persists. As it's been 13 months 1 week now that my husband's background check is still not complete. ( We assume).
Anyways we are staying




Yes, we to received a self declaration form. After that the response was... IN PROCESS.

Dear all
Thanks for all of your suggestions. Just to update, all suggestions have been implemented. The local MP was addressed by my daughter and local MP respected our appeal and took it up officially with the IRCC.
Last web response we received from IRCC said that it's a complex visa process and is ongoing. Our documents are in place. My file is clear but is held as approval of the spouse's file is awaited. They have asked us, the applicants to be patient.

However, our anxiety still persists. As it's been 13 months 1 week now that my husband's background check is still not complete. ( We assume).
Anyways we are staying




Yes, we to received a self declaration form. After that the response was... IN PROCESS.

Response to self declaration form took almost 2 months, in our case. You need to pursue with your Immigration lawyer. Well, we are still waiting. 14th month is half way through.

 

[sahilk]

Same thing with my father's Supervisa application. He applied in Feb 2022, medical passed on May 2023, and its just sitting in background check with no update. Looks like he's going to miss his grandson 2nd birthday as well.

 

[Sunny00786]

Any update ? I applied this yr and same story I applied in May and still waiting for reply

 

[Sunny00786]

any update on any file?

 

[mann20]

Is there anyone who got any update here. We are still waiting. I applied for my parents in January 2023. Still stuck in background checks.