+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Super Visa Frustration

Smithsboy

Member
Aug 6, 2012
13
0
I am writing this thread on behalf of my sister, in the hope any knowledgeable posters on this forum can help.

My sister is a PR, and brought our elderly parents over from England to Calgary in September 2012. She immediately applied for a Super Visa. Our parents took out the expensive but necessary Super Visa Medical Insurance in early December.

On December 21 2012, the Super Visa application was rejected, due to my sisters T4 stating that earnings the previous year, were around $1500 short of the LICO required for the number of people in the household. Although my sisters wage had since increased dramatically from the previous year, and had documentation from her employer to prove this, it was still rejected. We thought this was extremely petty. Little did we know that this was only the start of our frustration.

Our parents were due to end their 6 month stay on March 13 2013, so we successfully applied for a further 6 month extension, taking their eligibility up to September 13. In the meantime, the plan was for my sister to submit her taxes around March, and use the latest T4, with the ability to show earnings that exceed LICO, on a new Super Visa application.

The new application was submitted in July 2013, and because it was submitted within Canada, our Parents passports were sent with the application. The CIC website clearly stated that once the application was submitted, our parents would have Implied Status. Obviously the 89 day processing time would finish in October, around 4 weeks after the visitor extension expiry date.

During August, payment for the application was requested, and this was duly dispatched immediately. Then nothing. Our parents again renewed Super Visa medical insurance in December 2013, even though it had nearly doubled to over $6000.

The next time anything was heard from CIC, it was an email on February 20 2014, with all the details required for medicals, chest x-rays, blood/urine tests etc. At this stage, CIC had had our parents passports for 7 months!

The medicals were carried out at a designated practitioner on March 17/18 2014. He very kindly informed our parents, that he would contact them within a week if any problems were found.

We then received a letter and our parents passports yesterday. The letter was a rejection. The content was;

According to our records, your status in Canada expired September 13 2013. Consequently, our office is unable to process your application for a Super Visa.

Before you can apply to obtain a new temporary resident visa to return to Canada, you must first obtain a decision on your legal status in Canada.

Your file has now been closed and no processing will take place.

We are all in a state of shock here. They have had our parents passports, both in their mid 70's, for a total of 10 months!

Can anybody please advise on our next move? We haven't even got a telephone number to contact, as the rejection letter does not contain one.

Many thanks for your help and understanding.
 

user828

VIP Member
Apr 2, 2012
3,439
82
Vancouver
Category........
Visa Office......
New Delhi ( Parents Sponsorship )
App. Filed.......
19-10-2017
AOR Received.
01-12-2017
Its unfortunate but as per them, it's the applicants responsibility to make sure that they have legal status in Canada - you cannot assume they would automatically recognize the fact that since they had the passports it would be OK for them to stay pass their expiry date. You know that you could have applied for extension online w/o passport in hand as all you need is copies to upload ( I did this for my folks for 1 year ext when passport was in India for PR processing )
At this stage, they are basically out of status - has to leave Canada and apply from home country explaining the above situation and hopefully the visa officer grants considering he understands the sitation

In addition - when folks come here for 6 months on a regular visit visa - you can simply apply for a 2 year extension ( you don't need supervisa ) but showing enough docs which would normally satisfy a supervisa applicant. You can take upfront meds and upload those copies and/or buy insurance ( even if you don't, you can still get visa or they will adv to get meds done and or hold until insurance is purchased ) but in this way the app is in process - and all this should be done earlier than expiry date

With CIC, don't assume anything, 1 hand doesn't talk to the other when it comes to processing - Implied Status is if you would have applied to extend that visitor expiry of Sept 13
 

Smithsboy

Member
Aug 6, 2012
13
0
In July, when the application went in, we were then under the impression that our parents had Implied Status. Were we wrong?
 

scylla

VIP Member
Jun 8, 2010
95,848
22,113
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
Smithsboy said:
In July, when the application went in, we were then under the impression that our parents had Implied Status. Were we wrong?
I didn't think that submitting a super visa application gave you implied status (in the same way that submitting a visitor visa extension does). But I could very well be wrong...
 

user828

VIP Member
Apr 2, 2012
3,439
82
Vancouver
Category........
Visa Office......
New Delhi ( Parents Sponsorship )
App. Filed.......
19-10-2017
AOR Received.
01-12-2017
Smithsboy said:
In July, when the application went in, we were then under the impression that our parents had Implied Status. Were we wrong?
Its a different application ( as you can see from their reply as well ) - just coz it was done in Canada - doesn't mean it starts it's own implication. You came to Canada on visitor visa, the implied status is for it's extension which expired on Sept 13, you could have simply applied for that ext

IMO, you went abt this the wrong way - you could have asked a 2 year ext on a visitor visa - 1K +/- short for LICO doesnt matter for that ( they prefer the LICO but its not a hard and fast rule when it comes to ext ), worst scenario, they would give you less, maybe 1 year, or 6 mos which you got anyways

Like I said, there is no 1 person looking at this whole app as a map, who will basically see whats going on - it goes to diff officers, and they simply saw your status expired and refused it. Now, you just gotta get lucky that they accept your confusion when they want to re-enter again
 

scylla

VIP Member
Jun 8, 2010
95,848
22,113
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
KAYSER said:
What is the the LICO required? how much?
http://www.cic.gc.ca/english/information/applications/guides/5256ETOC.asp#incometables