Super Visa and Visitor Record

[jdrand556]

Hi all,

My mother entered Canada in June 2023 on a Super Visa. After she arrived, I helped her apply for a Visitor Record so that she can get her driver's license in BC. The application was approved in mid-Aug but the expiry date for her Visitor Record states the same date in 2024, which means she only gets to stay here for a year unless I apply for an extension. If I'm understanding correctly, this obviously contradicts the allowed duration of stay set out by the Super Visa, which is 5 years under new policy.

My questions are:

1. What might the reason be as to why she was only given a year to stay in Canada? The only thing I can think of is her medical insurance, which is valid for a year.
2. What if my mother leaves Canada and returns before the current expiry date (mid-Aug 2024)? Does the Visitor Record automatically becomes void?
3. Assuming she remains in Canada for years and I can't sponsor her through PGP in time, what options do we have? Are we stuck with "renewing" the Visitor Record and having to pay the $100 application fee every year? Or do we get to appeal and maybe get an amended Visitor Record with a later expiry date?
4. Say she never applied for a Visitor Record, nor received any stamp at the border, does that mean she gets to stay here for 5 years on the Super Visa, no questions asked?

Thank you all very much in advance.

 

[Larry-Wang]

Hi. I am facing the same issue now. Have you figured it out?

 

[Bornlucky]

Hi all,

My mother entered Canada in June 2023 on a Super Visa. After she arrived, I helped her apply for a Visitor Record so that she can get her driver's license in BC. The application was approved in mid-Aug but the expiry date for her Visitor Record states the same date in 2024, which means she only gets to stay here for a year unless I apply for an extension. If I'm understanding correctly, this obviously contradicts the allowed duration of stay set out by the Super Visa, which is 5 years under new policy.

My questions are:

1. What might the reason be as to why she was only given a year to stay in Canada? The only thing I can think of is her medical insurance, which is valid for a year.
2. What if my mother leaves Canada and returns before the current expiry date (mid-Aug 2024)? Does the Visitor Record automatically becomes void?
3. Assuming she remains in Canada for years and I can't sponsor her through PGP in time, what options do we have? Are we stuck with "renewing" the Visitor Record and having to pay the $100 application fee every year? Or do we get to appeal and maybe get an amended Visitor Record with a later expiry date?
4. Say she never applied for a Visitor Record, nor received any stamp at the border, does that mean she gets to stay here for 5 years on the Super Visa, no questions asked?

Thank you all very much in advance.

Hello,

1. The amount of time granted is discretionary - she got a year. 5 years in Canada as a visitor will require extensions to be granted and once that's been reached expect that the visitor's visit will end.
2. Yes, once a visitor departs Canada they cease to be a visitor. Entering again is again subject to examination at the POE.
3. Options? She's a visitor and the time allotted is discretionary. Anyone can appeal any decision by any Federal entity to the Federal Court of Canada. If a person has to live close to their parent and cannot sponsor them and are tired of the visitor routine then the next move is obvious - you live there.
4. No, her status as a visitor will lapse and you'll expose her to enforcement action like any other person in Canada who has no status. My expectation, if I am in a foreign nation without authorization, is that eventually I will be deported with a likely outcome that I will never be permitted to return.

Good luck.

 

[Eveslm]

With a Supervisa one is allowed to stay in Canada for 5 years (o extension needed). Unless their passport was stamped with a specific date to exit Canada (before the 5 years)

Having said that, since the OP applied for a visitors record (which they didnt need) they will have to abide to the expiry of the VR. It would have been better to ask for entry records (CBSA) than applying for a visitor record. This is what we did on our end.

I would suggest you raise a web form with IRCC and ask?

Hello,

1. The amount of time granted is discretionary - she got a year. 5 years in Canada as a visitor will require extensions to be granted and once that's been reached expect that the visitor's visit will end.
2. Yes, once a visitor departs Canada they cease to be a visitor. Entering again is again subject to examination at the POE.
3. Options? She's a visitor and the time allotted is discretionary. Anyone can appeal any decision by any Federal entity to the Federal Court of Canada. If a person has to live close to their parent and cannot sponsor them and are tired of the visitor routine then the next move is obvious - you live there.
4. No, her status as a visitor will lapse and you'll expose her to enforcement action like any other person in Canada who has no status. My expectation, if I am in a foreign nation without authorization, is that eventually I will be deported with a likely outcome that I will never be permitted to return.

Good luck.

 

[LipikaS]

With a Supervisa one is allowed to stay in Canada for 5 years (o extension needed). Unless their passport was stamped with a specific date to exit Canada (before the 5 years)

Having said that, since the OP applied for a visitors record (which they didnt need) they will have to abide to the expiry of the VR. It would have been better to ask for entry records (CBSA) than applying for a visitor record. This is what we did on our end.

I would suggest you raise a web form with IRCC and ask?

for a super visa holder, If the visitor record is requested by mistake (which my lawyer's assistant did) and if a visitor record is issued with a date what should the super visa holder do? Leave the country on that specified date? Her H&C application on process as well.

 

[Dan321]

I have question regarding Visitor Record. If CBSA issued you Visitor record at port of entry and tell you to report at leaving of Canada
Is it bad for you, does it have effect on ur visitor visa even you leave Canada within time limit officer gave you?
Your visa still b ok and you can come back at later date?

Please advise

 

[forevermore76]

I have question regarding Visitor Record. If CBSA issued you Visitor record at port of entry and tell you to report at leaving of Canada
Is it bad for you, does it have effect on ur visitor visa even you leave Canada within time limit officer gave you?
Your visa still b ok and you can come back at later date?

Please advise

I'm not sure where you would report as Canada does not have exit control. CBSA receives information electronically from air carriers in form of passenger manifest and also from CBP for land crossings which serve as exit confirmation.

I've requested information personally from both CBSA and CBP and every date of entry/exit is documented.

If you leave Canada by authorized stay, you are in compliance. Your TRV allows you the opportunity to present yourself at a POE. Given a visitor record was issued once, they will very likely do it again unless something changes. This shouldn't have any impact on the visa(TRV) itself and if they do cancel a visa you should be notified. A lot depends on your status too.