Super Visa Woes

[arshadrk]

So my mother received the Super Visa after almost a year of processing in 2022. The passport that it was stamped on was expiring Sept. 2023 and the visa stated validity until September 2023. Nowhere in FAQ's or anywhere else was its expiry date linked to passport's expiry date.

I have previously travelled to Europe where a visa remains valid even though your passport may expire. However, my mother came to Canada in June 2023 and nothing was stamped on her passport. She had to return due to a family emergency and returned again in August 2023. I accompanied her and we went though the immigration queue where an officer placed a stamp on her passport with no date.

Now i am given to believe that Super Visa expires with the passport and she has to apply for a new Super Visa outside Canada. She is in Canada with me but she needs to travel back and forth between country of origin and Canada. There is no one else from my family outside Canada and she cannot wait another year to process a Super Visa??

Is my information correct? What are my options if this is correct? She cannot stay for long in Canada and cannot risk being stuck outside, if she returns to country of origin. Someone familiar with the process, please advise appropriate solution catering to my identified circumstances. Thanks

 

[scylla]

So my mother received the Super Visa after almost a year of processing in 2022. The passport that it was stamped on was expiring Sept. 2023 and the visa stated validity until September 2023. Nowhere in FAQ's or anywhere else was its expiry date linked to passport's expiry date.

I have previously travelled to Europe where a visa remains valid even though your passport may expire. However, my mother came to Canada in June 2023 and nothing was stamped on her passport. She had to return due to a family emergency and returned again in August 2023. I accompanied her and we went though the immigration queue where an officer placed a stamp on her passport with no date.

Now i am given to believe that Super Visa expires with the passport and she has to apply for a new Super Visa outside Canada. She is in Canada with me but she needs to travel back and forth between country of origin and Canada. There is no one else from my family outside Canada and she cannot wait another year to process a Super Visa??

Is my information correct? What are my options if this is correct? She cannot stay for long in Canada and cannot risk being stuck outside, if she returns to country of origin. Someone familiar with the process, please advise appropriate solution catering to my identified circumstances. Thanks

All temporary visas (i.e. visitor, work, study) are linked to the expiry date on the passport and cannot have a validity date beyond the passport expiry date. She will need to appy for either a new TRV (regular visitor visa) or a super visa in order to be able to return to Canada once she leaves. I'm not sure what you mean by your options. She needs a valid visa to be able to return to Canada - that means applying for either a new TRV or a new super visa.

 

[canuck78]

So my mother received the Super Visa after almost a year of processing in 2022. The passport that it was stamped on was expiring Sept. 2023 and the visa stated validity until September 2023. Nowhere in FAQ's or anywhere else was its expiry date linked to passport's expiry date.

I have previously travelled to Europe where a visa remains valid even though your passport may expire. However, my mother came to Canada in June 2023 and nothing was stamped on her passport. She had to return due to a family emergency and returned again in August 2023. I accompanied her and we went though the immigration queue where an officer placed a stamp on her passport with no date.

Now i am given to believe that Super Visa expires with the passport and she has to apply for a new Super Visa outside Canada. She is in Canada with me but she needs to travel back and forth between country of origin and Canada. There is no one else from my family outside Canada and she cannot wait another year to process a Super Visa??

Is my information correct? What are my options if this is correct? She cannot stay for long in Canada and cannot risk being stuck outside, if she returns to country of origin. Someone familiar with the process, please advise appropriate solution catering to my identified circumstances. Thanks

A supervisa is a visitor visa and not a permanent move to Canada. At a certain point she is expected to return home so she also needs to be planning for that and have somewhere to return to.

 

[arshadrk]

Thank you for your kind replies. Well she invested one year for processing time and paid application fee for a 10 year multiple entry visa (description of Super Visa). Found this on cic website. Does the part re. Super Visa stay indicate that she can leave and re-enter Canada at will within 5 years? My concern is not that she stays here permanently but that she should be able to come and go as needed without hassle.

Must I leave Canada by the valid until date on my visitor visa?
No. The date on the visitor visa is the date by which you must arrive in Canada.
How long you can stay will be decided when you enter Canada.
Length of stay decided by a border services officer
If you see a border services officer at the port of entry, they will tell you how long you can stay in Canada in 1 of these ways:

• If the officer stamps your passport and writes a date under that stamp
  • You must leave Canada by that date
• If the officer stamps your passport and gives you a visitor record
  • You must leave Canada by the date under “Valid until” on that visitor record.
• If the officer stamps your passport without writing a date under that stamp or giving you a visitor record
  • You can stay in Canada for 6 months.

If you have a super visa
If you enter Canada on a super visa after July 4, 2022 and the border services officer puts a stamp without a hand written date in your passport, you can stay for 5 years.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=442&top=16

 

[canuck78]

Thank you for your kind replies. Well she invested one year for processing time and paid application fee for a 10 year multiple entry visa (description of Super Visa). Found this on cic website. Does the part re. Super Visa stay indicate that she can leave and re-enter Canada at will within 5 years? My concern is not that she stays here permanently but that she should be able to come and go as needed without hassle.

Must I leave Canada by the valid until date on my visitor visa?
No. The date on the visitor visa is the date by which you must arrive in Canada.
How long you can stay will be decided when you enter Canada.
Length of stay decided by a border services officer
If you see a border services officer at the port of entry, they will tell you how long you can stay in Canada in 1 of these ways:

• If the officer stamps your passport and writes a date under that stamp
  • You must leave Canada by that date
• If the officer stamps your passport and gives you a visitor record
  • You must leave Canada by the date under “Valid until” on that visitor record.
• If the officer stamps your passport without writing a date under that stamp or giving you a visitor record
  • You can stay in Canada for 6 months.

If you have a super visa
If you enter Canada on a super visa after July 4, 2022 and the border services officer puts a stamp without a hand written date in your passport, you can stay for 5 years.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=442&top=16

Permission to enter and length of stay is never guaranteed and is always dependent on border agent. Supervisa applicants should be able to come and go at least during a 5 year period as long as they have proof that they have secured 1 year of supervisa insurance and are not moving permanently to Canada. It should not appear as though your mother is living in Canada and going on vacation abroad and at a certain point your mother will be expected to remain abroad for an extended period of time. Coming and going as a supervisa holder is a bit more complicated because applicants are technically required to show proof of 1 year of supervisa insurance on entry. If she wants to come and go frequently a regular TRV would probably be a better option but should still purchase travel medical insurance.

 

[scylla]

Thank you for your kind replies. Well she invested one year for processing time and paid application fee for a 10 year multiple entry visa (description of Super Visa). Found this on cic website. Does the part re. Super Visa stay indicate that she can leave and re-enter Canada at will within 5 years? My concern is not that she stays here permanently but that she should be able to come and go as needed without hassle.

Must I leave Canada by the valid until date on my visitor visa?
No. The date on the visitor visa is the date by which you must arrive in Canada.
How long you can stay will be decided when you enter Canada.
Length of stay decided by a border services officer
If you see a border services officer at the port of entry, they will tell you how long you can stay in Canada in 1 of these ways:

• If the officer stamps your passport and writes a date under that stamp
  • You must leave Canada by that date
• If the officer stamps your passport and gives you a visitor record
  • You must leave Canada by the date under “Valid until” on that visitor record.
• If the officer stamps your passport without writing a date under that stamp or giving you a visitor record
  • You can stay in Canada for 6 months.

If you have a super visa
If you enter Canada on a super visa after July 4, 2022 and the border services officer puts a stamp without a hand written date in your passport, you can stay for 5 years.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=442&top=16

She needs to be holding a valid TRV or super visa in order to be allowed to re-enter Canada. The super visa allows her to stay in Canada for 5 years - however this does not extend to re-entries. So no, she cannot leave and re-enter at will during this five year period. Again, she needs to be holding either a valid TRV or a valid super visa in order to be allowed to re-enter Canada after leaving. Also, a valid visa doesn't guarantee entry. Whether she is allowed to re-enter Canada and for how long is always up to the CBSA officer.

 

[arshadrk]

Thank you for your helpful replies.