Super VISA for My Mother

[Shelby500]

Hello all,

First of thank you for all the help and support in advance. I created this account after I got my PR approved under Express Entry. Took a lot of help from these forums to get it approved.

The next step for me is to apply for my Mother's Super-VISA and I needed some help as I believe this is going to be more challenging than my application.

Scenario: I just received my PR on 04/23/2019 and want to apply for my mother's Super VISA application ( She just got her medical done with an approved physician). I believe she does not have strong ties as
A) She is divorced
B) She does not have any income source what so ever (No pension or business income)
C) She is living with my younger brother (who is over 18 years of age now and has already applied for a study permit to come to Canada)
D) She was refused for her Permanent Resident Application in 2005.
E) My Elder Brother lives with my Dad in a different state
F) She has very minimal savings but has a house under her name
G) My aunt (her younger sister has family in Canada and is living for more than 15 years). She also has her Brother and another Sister living in the home country with different address.
I want to apply for her supervisa before the Visa Office starts to work on my Brother's application (submitted April 22nd, 2019). I make $63k a year so well above the LICO requirement to sponsor her.

Please help me out in figuring what the best course of action would be.

 

[Jets13]

You got your pr recently, but I just want to confirm you have filed tax in Canada prior to that showing your income meets the LICO?

 

[Bryanna]

You got your pr recently, but I just want to confirm you have filed tax in Canada prior to that showing your income meets the LICO?

Not possible unless the OP had a work permit earlier

 

[Bryanna]

Hello all,

First of thank you for all the help and support in advance. I created this account after I got my PR approved under Express Entry. Took a lot of help from these forums to get it approved.

The next step for me is to apply for my Mother's Super-VISA and I needed some help as I believe this is going to be more challenging than my application.

Scenario: I just received my PR on 04/23/2019 and want to apply for my mother's Super VISA application ( She just got her medical done with an approved physician). I believe she does not have strong ties as
A) She is divorced
B) She does not have any income source what so ever (No pension or business income)
C) She is living with my younger brother (who is over 18 years of age now and has already applied for a study permit to come to Canada)
D) She was refused for her Permanent Resident Application in 2005.
E) My Elder Brother lives with my Dad in a different state
F) She has very minimal savings but has a house under her name
G) My aunt (her younger sister has family in Canada and is living for more than 15 years). She also has her Brother and another Sister living in the home country with different address.
I want to apply for her supervisa before the Visa Office starts to work on my Brother's application (submitted April 22nd, 2019). I make $63k a year so well above the LICO requirement to sponsor her.

Please help me out in figuring what the best course of action would be.

1. Why was she refused for PR earlier? Did she apply on her own or as a dependent family member?

2. Her family ties to Canada far outweigh those to her home country.... which gives her more reasons to not return home

3. Her brother and sister in the home country won't count as family for her visa application. Ditto for your older brother

4. IRCC will easily know that your younger brother has already applied for a study permit even if your mother does not state this in her application

 

[Jets13]

Not possible unless the OP had a work permit earlier

My co worker is on a post graduate work permit and just got his PR last month, but he's been working at this company longer than me. So just checking that she's in a similar situation.

 

[Bryanna]

My co worker is on a post graduate work permit and just got his PR last month, but he's been working at this company longer than me. So just checking that she's in a similar situation.

Yes. In that situation, it is possible to apply for a super visa.

But, based on the post, if the OP landed as a PR just yesterday then tough luck. It seems the OP wants to move the family to Canada as well pretty soon after becoming a PR

 

[canuck78]

Yes supervisa application soon after PR will be seen as moving to Canada especially with the brother applying for student permit.

 

[Shelby500]

You got your pr recently, but I just want to confirm you have filed tax in Canada prior to that showing your income meets the LICO?

I have been in Canada for 5 years and I have filed taxes every single year

 

[Shelby500]

1. Why was she refused for PR earlier? Did she apply on her own or as a dependent family member?
Her reason for refusal was misrepresentation of documents. She was actually the Principal Applicant and my brothers and I were listed as dependents (All of us were under 18 at that time). She was also not allowed to apply for PR for at least 2 years after that but we never bothered to apply

2. Her family ties to Canada far outweigh those to her home country.... which gives her more reasons to not return home
Agreed. Is there a way we can build stronger ties? Like funds in account would make a difference or anything?
3. Her brother and sister in the home country won't count as family for her visa application. Ditto for your older brother
Got it.
4. IRCC will easily know that your younger brother has already applied for a study permit even if your mother does not state this in her application

Should I just wait for the outcome then at least before I bother applying for her SuperVISA?

Thanks for the help!

 

[Shelby500]

Yes supervisa application soon after PR will be seen as moving to Canada especially with the brother applying for student permit.

I came to Canada as an International Student< studied 2 years< Got PGWP < Applied for Express Entry < Got PR.
Do you think I should still wait before applying ?

 

[Shelby500]

Yes. In that situation, it is possible to apply for a super visa.

But, based on the post, if the OP landed as a PR just yesterday then tough luck. It seems the OP wants to move the family to Canada as well pretty soon after becoming a PR

Its almost been 5 years and with the brother coming here to study further, there will not be any reason for her to be there. Also, not going back for even a visit in all these years has got me thinking of applying as soon as I can. I was considering getting help through an Immigration Lawyer as well. Do you think that would be somewhat helpful in my case?

 

[Bryanna]

Should I just wait for the outcome then at least before I bother applying for her SuperVISA?

Thanks for the help!

Your mom's family ties to Canada far outweigh those to her home country. With your brother's study permit already in process, it is obvious that you want to move your family to Canada long-term almost like pseudo-PRs. Processing for both applications (study permit + super visa) would almost have a similar timeline.

As for ties, she has only the house. If it is rented then it would be a reason to return home, otherwise it is a passive tie.

Maybe it would be a good idea to wait for a few months after your brother's study permit is approved before applying for your mom. Regardless of when she applies, the 'Family ties to Canada outweigh those to her home country' factor would come into the picture.

The misrepresentation for the PR app could mean longer processing time/more scrutiny in her case

 

[Bryanna]

Its almost been 5 years and with the brother coming here to study further, there will not be any reason for her to be there. Also, not going back for even a visit in all these years has got me thinking of applying as soon as I can. I was considering getting help through an Immigration Lawyer as well. Do you think that would be somewhat helpful in my case?

You may want to consult an immigration lawyer (or maybe two) before she applies. Not sure how much magic they can work in her application which quite honestly is not a strong one. But, you never know. She might get a super visa approval without any problems

 

[Shelby500]

You may want to consult an immigration lawyer (or maybe two) before she applies. Not sure how much magic they can work in her application which quite honestly is not a strong one. But, you never know. She might get a super visa approval without any problems

Thank you for the help! I will post any further updates here

 

[Shelby500]

You may want to consult an immigration lawyer (or maybe two) before she applies. Not sure how much magic they can work in her application which quite honestly is not a strong one. But, you never know. She might get a super visa approval without any problems

Hello Bryanna, I was thinking would it be better to just apply to sponsor her as permanent resident rather than getting Super Visa ? I can use the stronger ties in my favour. Are you aware of how long the applications are taking ?