Weird situation for Vistor extension approval decision? Do I need to reapply?

[canuck78]

I really struggle to see taking care of one's own grandchildren while on a visitor's visa as illegal work. No reasonable prosecutor will bring such a case to court. OP's application for an extension was not refused.

Not getting the full amount of time you requested is basically a nice refusal.

 

[scylla]

I really struggle to see taking care of one's own grandchildren while on a visitor's visa as illegal work. No reasonable prosecutor will bring such a case to court. OP's application for an extension was not refused.

We've seen visitor visas refused here for this specific reason repeatedly. It's actually quite common.

It's not a matter of anyone's personal opinion on this forum. It's how we've seen IRCC handle cases here and refusal reasons given.

 

[Supercanadian]

yes. somehow this year the process time is so slow.....i submitted in april but heard the reply until now...

Here's what I think happened -and that's why I asked if the application was submitted in April (I may of course be wrong): IRCC can only extend visitor visa/visitor record applications for 6 months at any one time. So, regardless of the duration of your parents' initial visitor visas, they are only allowed to stay in Canada for 6 months at any one time (you most likely already know that). Since you applied in April, the extension was granted for another 6 months ending in October. IRCC counted the number of months for the extension beginning from the time (April 2018) the application was submitted, and not from the time (August 2018) the application was approved. Since your parents have now stayed in Canada for more than 6 months, they are required to undergo medical tests. They were not granted the extension to enable them complete the medical exam. Instead, they were instructed to go for the tests as that's required by (immigration) law.

I would advise you to take them to a panel physician for the medical exam, book their flight tickets to return to your home country where they are/should be ordinarily resident and have them come back to Canada after living there for an extended period of time (at least 6 months as earlier suggested). I am only advising you to do that NOT because I fear that they would be refused another extension if you apply again say in October 2018, but only so that whoever will consider the next visitor visa/super visa application would clearly see that they still meet the definition of visitor - you can't have them live in Canada for a whole year or two and still convincingly submit an application claiming they're just visiting.

 

[canuck78]

Here's what I think happened -and that's why I asked if the application was submitted in April (I may of course be wrong): IRCC can only extend visitor visa/visitor record applications for 6 months at any one time. So, regardless of the duration of your parents' initial visitor visas, they are only allowed to stay in Canada for 6 months at any one time (you most likely already know that). Since you applied in April, the extension was granted for another 6 months ending in October. IRCC counted the number of months for the extension beginning from the time (April 2018) the application was submitted, and not from the time (August 2018) the application was approved. Since your parents have now stayed in Canada for more than 6 months, they are required to undergo medical tests. They were not granted the extension to enable them complete the medical exam. Instead, they were instructed to go for the tests as that's required by (immigration) law.

I would advise you to take them to a panel physician for the medical exam, book their flight tickets to return to your home country where they are/should be ordinarily resident and have them come back to Canada after living there for an extended period of time (at least 6 months as earlier suggested). I am only advising you to do that NOT because I fear that they would be refused another extension if you apply again say in October 2018, but only so that whoever will consider the next visitor visa/super visa application would clearly see that they still meet the definition of visitor - you can't have them live in Canada for a whole year or two and still convincingly submit an application claiming they're just visiting.

Unfortunately not how it works. The application sat in a pile until recently. It is very common for CIC to give a short extension when visitors have usually had other extensions. They could have said no extension but instead they usually give a month or two so that people can make arrangements. Seen other similar attempts and at a certain point the extension isn't granted. These grandparents have likely been in Canada over a year at this point. That is not visiting. A supervisa would have been a better option for a 2 year stay but again there was no guarantee of an extension after that.

 

[dking317]

Here's what I think happened -and that's why I asked if the application was submitted in April (I may of course be wrong): IRCC can only extend visitor visa/visitor record applications for 6 months at any one time. So, regardless of the duration of your parents' initial visitor visas, they are only allowed to stay in Canada for 6 months at any one time (you most likely already know that). Since you applied in April, the extension was granted for another 6 months ending in October. IRCC counted the number of months for the extension beginning from the time (April 2018) the application was submitted, and not from the time (August 2018) the application was approved. Since your parents have now stayed in Canada for more than 6 months, they are required to undergo medical tests. They were not granted the extension to enable them complete the medical exam. Instead, they were instructed to go for the tests as that's required by (immigration) law.

I would advise you to take them to a panel physician for the medical exam, book their flight tickets to return to your home country where they are/should be ordinarily resident and have them come back to Canada after living there for an extended period of time (at least 6 months as earlier suggested). I am only advising you to do that NOT because I fear that they would be refused another extension if you apply again say in October 2018, but only so that whoever will consider the next visitor visa/super visa application would clearly see that they still meet the definition of visitor - you can't have them live in Canada for a whole year or two and still convincingly submit an application claiming they're just visiting.

thanks for all your suggestions. that really helps

 

[Buletruck]

IRCC can only extend visitor visa/visitor record applications for 6 months at any one time.

That's incorrect. IRCC can extend visa/visitor record for as long as they see fit, depending on the circumstance. The current processing times for a paper based application is nearly 4 months (so that is a defacto 4 month extension just by applying). We applied for and received a 12 month extension when we were applying for the wife's PR. We didn't get the additional processing time, just 12 months from the date of application.

 

[dking317]

That's incorrect. IRCC can extend visa/visitor record for as long as they see fit, depending on the circumstance. The current processing times for a paper based application is nearly 4 months (so that is a defacto 4 month extension just by applying). We applied for and received a 12 month extension when we were applying for the wife's PR. We didn't get the additional processing time, just 12 months from the date of application.

thanks. did you have the same situation as mine? sent your medical check request but original status already expired?

 

[Buletruck]

Medicals were requested, but we submitted proof of the PR medical being done (still valid).

 

[Supercanadian]

That's incorrect. IRCC can extend visa/visitor record for as long as they see fit, depending on the circumstance. The current processing times for a paper based application is nearly 4 months (so that is a defacto 4 month extension just by applying). We applied for and received a 12 month extension when we were applying for the wife's PR. We didn't get the additional processing time, just 12 months from the date of application.

Didn't know that. Thanks for the education!

 

[ramkris]

Hi guys,

I have a question .My mother-in-law visited us in April 2017 and left to home country on october 2017. then again she came back on january 2018 after a gap of 4 months and shes staying with us till now. we applied for her extension in jun 2018 and got letter for medicals.

She did medicals and dr found some problem in xray ,she did it again according to panel doctor. now my question is
1. what are the chances of her extension.
2. If denied how much time is given
3. with regards to time periods is she considered living
4. if she leave how much time she needs to stay back home before returning to canada
5. If panel doctor doesnt submit report on time what happens to extensions

Any one would help

 

[monkeys89]

Hi guys,

I have a question .My mother-in-law visited us in April 2017 and left to home country on october 2017. then again she came back on january 2018 after a gap of 4 months and shes staying with us till now. we applied for her extension in jun 2018 and got letter for medicals.

She did medicals and dr found some problem in xray ,she did it again according to panel doctor. now my question is
1. what are the chances of her extension.
2. If denied how much time is given
3. with regards to time periods is she considered living
4. if she leave how much time she needs to stay back home before returning to canada
5. If panel doctor doesnt submit report on time what happens to extensions

Any one would help

1. I'm not sure, but a problems on a medical check can cause problems for approval - it's why they make you do the check.

2. It's up to IRCC. Prepare for a short-timelines departure.

3. I don't quite know what you mean here. She has been living in Canada since January 2018, as you mention above.

4. An extended period of time.

5. They become invalid and the initial visa expiry is the date effective, so your mother would have overstayed since June 2018.

Don't even consider asking a panel doctor to not submit a report. They will submit it no matter what you say. If they need to re-do a check, they will communicate with IRCC. It's why they are on the approved provider list.

 

[ramkris]

1. I'm not sure, but a problems on a medical check can cause problems for approval - it's why they make you do the check.

2. It's up to IRCC. Prepare for a short-timelines departure.

Short term means is it in days

3. I don't quite know what you mean here. She has been living in Canada since January 2018, as you mention above.

before jan 2018 she came and stayed between apr 2017 and october 2017 here in canada

4. An extended period of time.

how much would be extended period of time 6 months or more

5. They become invalid and the initial visa expiry is the date effective, so your mother would have overstayed since June 2018.

Don't even consider asking a panel doctor to not submit a report. They will submit it no matter what you say. If they need to re-do a check, they will communicate with IRCC. It's why they are on the approved provider list.

 

[ramkris]

I wont ask panel doctor not to submit but do they know what would be last day of submission from our file

 

[irochka832]

That's incorrect. IRCC can extend visa/visitor record for as long as they see fit, depending on the circumstance. The current processing times for a paper based application is nearly 4 months (so that is a defacto 4 month extension just by applying). We applied for and received a 12 month extension when we were applying for the wife's PR. We didn't get the additional processing time, just 12 months from the date of application.

I believe that my situation is similar. I applied extension of stay for my aunt at the end of August 2018 and I am still awaiting to hear from them. However, I haven't heard before or seen any requirement in the package about the medical. I am very concerned that my mistake may cause her a lot of problems. She is awaiting the decision about her PR status on a rare humanitarian case. She has been here since April 2018.

Thanks a lot for any advice.

 

[monkeys89]

I believe that my situation is similar. I applied extension of stay for my aunt at the end of August 2018 and I am still awaiting to hear from them. However, I haven't heard before or seen any requirement in the package about the medical. I am very concerned that my mistake may cause her a lot of problems. She is awaiting the decision about her PR status on a rare humanitarian case. She has been here since April 2018.

Thanks a lot for any advice.

IRCC will ask you for a medical if they determine it's necessary on an extension application. It's not in the package.