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rocky777

Full Member
Sep 29, 2017
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I’m seeking confirmation on Super Visa stay duration and extension requirements:

My father's case:
Super Visa issued:
March 25, 2019 valid until August 29, 2025, matching Indian passport expiry
Entered Canada on Super Visa: February 12, 2024
CBSA at POE: No leave-by date or stamp was placed on passport
Currently still in Canada on that same entry
Applied for passport renewal from Indian High Commission; expecting new passport around August 1–3, 2025

My Questions:
1. Given the no leave-by date and his entry on Feb 12, 2024, is he authorized to stay for 5 years from entry (i.e., until Feb 2029) under the new Super Visa rules, even though his Super Visa/TRV expires on Aug 29, 2025?
2. Since his Super Visa was issued in 2019, but he entered after June 22, 2023, does the new 5-year stay rule apply to him (instead of the old 2-year stay per entry)?
3. If the 5-year stay is not automatic due to visa expiry or passport expiry, should we still file a visitor record extension before Aug 29, 2025, to ensure he remains in valid status?

Thanks in advance for your guidance.
 
I’m seeking confirmation on Super Visa stay duration and extension requirements:

My father's case:
Super Visa issued:
March 25, 2019 valid until August 29, 2025, matching Indian passport expiry
Entered Canada on Super Visa: February 12, 2024
CBSA at POE: No leave-by date or stamp was placed on passport
Currently still in Canada on that same entry
Applied for passport renewal from Indian High Commission; expecting new passport around August 1–3, 2025

My Questions:
1. Given the no leave-by date and his entry on Feb 12, 2024, is he authorized to stay for 5 years from entry (i.e., until Feb 2029) under the new Super Visa rules, even though his Super Visa/TRV expires on Aug 29, 2025?
2. Since his Super Visa was issued in 2019, but he entered after June 22, 2023, does the new 5-year stay rule apply to him (instead of the old 2-year stay per entry)?
3. If the 5-year stay is not automatic due to visa expiry or passport expiry, should we still file a visitor record extension before Aug 29, 2025, to ensure he remains in valid status?

Thanks in advance for your guidance.

1. Yes, from IRCC's own website, https://ircc.canada.ca/English/helpcentre/answer.asp?qnum=442&top=22

> The expiry date on the visitor visa is the date by which you must arrive in Canada.
> How long you can stay will be decided each time you enter Canada.
> If you enter Canada on a super visa after June 22, 2023 and the border services officer puts a stamp without a hand written date in your passport, you can stay for 5 years.

2. Yes, according to https://thevisa.ca/ircc-improves-super-visa-programs-2022/ since he entered after the rule change, the new rules about longer stay apply to him. The webpage gives an explicit example almost identical to your father's situation:

> For example, if your Super Visa was approved on February 14, 2022, and you enter Canada on July 5, 2022, you can stay for five years.

3. N/A since it is automatic.
 
1. Yes, from IRCC's own website, https://ircc.canada.ca/English/helpcentre/answer.asp?qnum=442&top=22

> The expiry date on the visitor visa is the date by which you must arrive in Canada.
> How long you can stay will be decided each time you enter Canada.
> If you enter Canada on a super visa after June 22, 2023 and the border services officer puts a stamp without a hand written date in your passport, you can stay for 5 years.

2. Yes, according to https://thevisa.ca/ircc-improves-super-visa-programs-2022/ since he entered after the rule change, the new rules about longer stay apply to him. The webpage gives an explicit example almost identical to your father's situation:

> For example, if your Super Visa was approved on February 14, 2022, and you enter Canada on July 5, 2022, you can stay for five years.

3. N/A since it is automatic.
5 years stay for all those landed after July 2022 and it was shown on the cic website. No idea if this is glitch or error as its shows Iuly 2023 now on cic website. If you see news rel3ase July2022 on cic. You can find it was applicable on July 2022.
 
5 years stay for all those landed after July 2022 and it was shown on the cic website. You can find it was applicable on July 2022.

Yes, here: https://www.canada.ca/en/immigratio...nite-families-more-easily-and-for-longer.html

> These changes, which come into force on July 4, 2022, will
> increase the length of stay for super visa holders to 5 years per entry into Canada

If you see news rel3ase July2022 on cic.
Not just there. This is confirmed by other IRCC-following news sites, e.g.

https://www.cicnews.com/2022/07/can...andparents-super-visa-to-5-years-0727718.html

https://www.cicnews.com/2022/11/bri...ents-to-canada-with-a-super-visa-1131737.html
> Applicants who fall under the following three categories will be able to benefit from the increased length of stay (up to five years at a time).
> Individuals who had their applications approved before July 4, 2022, presuming they entered Canada after this date
No idea if this is glitch or error as its shows Iuly 2023 now on cic website.
That's because of https://www.canada.ca/en/immigratio...instructions/other-goals/super-visa-2023.html - basically it seems like the July 4, 2022 date was done under some residual COVID-related powers or something like that but in 2023 it became permanent with a new law.

Related, https://www.canada.ca/en/immigratio...rs/minister-2025-05/family-reunification.html and https://www.canlii.org/en/ca/laws/astat/sc-2023-c-21/latest/sc-2023-c-21.html
No idea if this is glitch or error as its shows Iuly 2023 now on cic website. If you see news rel3ase July2022 on cic. You can find it was applicable on July 2022.
So the answer I linked to, https://ircc.canada.ca/English/helpcentre/answer.asp?qnum=442&top=22 has a link for other situations called "Find out more about how long you can stay in Canada." which is https://www.canada.ca/en/immigratio.../parent-grandparent-super-visa/about.html#how

That link says,

> You entered Canada before June 22, 2023
> You can only stay in Canada for the length of time the border officer granted you when you entered Canada. For example, if you were granted 2 years, you can stay in Canada for 2 years.

So e.g. July 5, 2022 is before June 22, 2023.

I don't have personal experience with this but my guess would be that from that point in mid-2022 onwards officers were directly writing a five year date on the visas until the law changed in mid 2023 which changed the default.

(Now that I think about it I'm not sure IRCC would have the authority to just change the default without a change in law, if they don't then that would strongly suggest that folks who entered on Super VIsas after mid 2022 just always got handwritten dates. Would be nice if the gov't website made that a bit clearer, though.)
 
Yes, here: https://www.canada.ca/en/immigratio...nite-families-more-easily-and-for-longer.html

> These changes, which come into force on July 4, 2022, will
> increase the length of stay for super visa holders to 5 years per entry into Canada


Not just there. This is confirmed by other IRCC-following news sites, e.g.

https://www.cicnews.com/2022/07/can...andparents-super-visa-to-5-years-0727718.html

https://www.cicnews.com/2022/11/bri...ents-to-canada-with-a-super-visa-1131737.html
> Applicants who fall under the following three categories will be able to benefit from the increased length of stay (up to five years at a time).
> Individuals who had their applications approved before July 4, 2022, presuming they entered Canada after this date

That's because of https://www.canada.ca/en/immigratio...instructions/other-goals/super-visa-2023.html - basically it seems like the July 4, 2022 date was done under some residual COVID-related powers or something like that but in 2023 it became permanent with a new law.

Related, https://www.canada.ca/en/immigratio...rs/minister-2025-05/family-reunification.html and https://www.canlii.org/en/ca/laws/astat/sc-2023-c-21/latest/sc-2023-c-21.html

So the answer I linked to, https://ircc.canada.ca/English/helpcentre/answer.asp?qnum=442&top=22 has a link for other situations called "Find out more about how long you can stay in Canada." which is https://www.canada.ca/en/immigratio.../parent-grandparent-super-visa/about.html#how

That link says,

> You entered Canada before June 22, 2023
> You can only stay in Canada for the length of time the border officer granted you when you entered Canada. For example, if you were granted 2 years, you can stay in Canada for 2 years.

So e.g. July 5, 2022 is before June 22, 2023.

I don't have personal experience with this but my guess would be that from that point in mid-2022 onwards officers were directly writing a five year date on the visas until the law changed in mid 2023 which changed the default.

(Now that I think about it I'm not sure IRCC would have the authority to just change the default without a change in law, if they don't then that would strongly suggest that folks who entered on Super VIsas after mid 2022 just always got handwritten dates. Would be nice if the gov't website made that a bit clearer, though.)
Thanks for this information.
But what about those who overstay by just looking at old info in 2022 and never checked website until today when they found they are overstayed. No idea what to do and how to handle this situation
 
Thanks for this information.
But what about those who overstay by just looking at old info in 2022 and never checked website until today when they found they are overstayed. No idea what to do and how to handle this situation
Sorry, what?

Assuming I'm right about the handwritten dates on every visa issued, then - 2022 + 5 = 2027. So no one has overstayed yet.

Unless of course the officer for some reason wrote a shorter period of time on the visa. In which case that's on the visa holder to notice and comply with. So an overstay on this is the same as an overstay on any visitor visa. For which I'd point out https://www.canadavisa.com/canada-i...da-on-a-visitors-visa-unintentionally.833941/

If I'm wrong and there were supervisas issued between July 4, 2022 and June 23, 2023 that lack a handwritten date then ... my guess is that the new law didn't and couldn't retroactively shorten the period for visas from five years to two years. So these folks must also have been allowed to stay for five years (but perhaps saving a copy of the announcement from canada.ca and later including it as a supporting doc when renewing in the future would offer peace of mind).

But could you say which case you mean? A supervisa issued between July 4, 2022 and June 23, 2023 that has a handwritten date on it, or lacks one?
 
Sorry, what?

Assuming I'm right about the handwritten dates on every visa issued, then - 2022 + 5 = 2027. So no one has overstayed yet.

Unless of course the officer for some reason wrote a shorter period of time on the visa. In which case that's on the visa holder to notice and comply with. So an overstay on this is the same as an overstay on any visitor visa. For which I'd point out https://www.canadavisa.com/canada-i...da-on-a-visitors-visa-unintentionally.833941/

If I'm wrong and there were supervisas issued between July 4, 2022 and June 23, 2023 that lack a handwritten date then ... my guess is that the new law didn't and couldn't retroactively shorten the period for visas from five years to two years. So these folks must also have been allowed to stay for five years (but perhaps saving a copy of the announcement from canada.ca and later including it as a supporting doc when renewing in the future would offer peace of mind).

But could you say which case you mean? A supervisa issued between July 4, 2022 and June 23, 2023 that has a handwritten date on it, or lacks one?
I means supervisa was issued in 2018 and arrived Oct 2022. No stamp was made on visa so assumed 5 year stay but now found its overstay. Pgp application is also in process no idea wat to do
 
I means supervisa was issued in 2018 and arrived Oct 2022. No stamp was made on visa so assumed 5 year stay

Yes as per https://www.canada.ca/en/immigratio...nite-families-more-easily-and-for-longer.html and https://www.cicnews.com/2022/11/bri...ents-to-canada-with-a-super-visa-1131737.html that seems correct.

I'm surprised that there was no date written anywhere if arrival was on Oct 2022, but if that's really the case, it should be five years, no doubt.
but now found its overstay.

How did you find this out? Why do you think this is an overstay?
Pgp application is also in process no idea wat to do

Assuming it really is an overstay somehow usually the recommended approach is to write a webform explaining the mistake, the timeline, and why you thought it was a mistake. It doesn't always help, but IRCC does prefer that applicants acknowledge mistakes of this nature. The fact that you're bring it up first, instead of having IRCC catch it, sometimes goes a long way when the IRCC officer has discretion.

That said, this really is immigration lawyer territory. If you can, get one of those paid consults to get advice from someone competent.
 
Yes as per https://www.canada.ca/en/immigratio...nite-families-more-easily-and-for-longer.html and https://www.cicnews.com/2022/11/bri...ents-to-canada-with-a-super-visa-1131737.html that seems correct.

I'm surprised that there was no date written anywhere if arrival was on Oct 2022, but if that's really the case, it should be five years, no doubt.


How did you find this out? Why do you think this is an overstay?


Assuming it really is an overstay somehow usually the recommended approach is to write a webform explaining the mistake, the timeline, and why you thought it was a mistake. It doesn't always help, but IRCC does prefer that applicants acknowledge mistakes of this nature. The fact that you're bring it up first, instead of having IRCC catch it, sometimes goes a long way when the IRCC officer has discretion.

That said, this really is immigration lawyer territory. If you can, get one of those paid consults to get advice from someone competent.
I called ircc they said 2 years stay
 
I called ircc they said 2 years stay
Call again. This time give them the link to https://www.canada.ca/en/immigratio...nite-families-more-easily-and-for-longer.html and then ask them to confirm the answer, and push for an explanation of why it's two years if the official gov't news release says five years.

Also relevant:
but tldr is that you can call IRCC's call centre five times and get five different answers. In short, it likely was five years and there is no overstay, the IRCC's agent got mixed up on some points or didn't have the right data in front of them to give a correct answer.

It's not just I who thinks this. Here's an answer from a long time and highly competent forum member regarding the same question, @canuck78

Sorry then they can visit for 5 yrs as long as they qualify and purchase 1 yr of supervisa insurance every year.

Also relevant: about a different question but see this post https://www.canadavisa.com/canada-i...nt-questions-and-answers.397458/#post-4966061 from someone who tried to call IRCC and got the wrong answer repeatedly until that OP finally got an officer who was able to give the correct info. Additionally, that officer admitted that previous agents did in fact give out wrong info,

> Officer: It’s good that you contacted us, not many people are so proactive after they become PRs. Previous agent gave you wrong information

I totally understand your caution and worry here. When you hear something from an official agent of the gov't, that carries a lot of weight. We're inclined to believe that this is the truth and the most accurate thing, and oftentimes that is indeed the case. But gov't is made up of and run by ordinary human beings, and to err is to be human. So absolutely start with what the IRCC agent told you, but also remember: trust but verify.
 
Did you guys get any solution to the situation, I am in same situation as you, my dad entered December 01, 2022. He lost passport and when we went to peel police they told me, he has overstayed as per CBSA officer, called IRCC and they confirmed same thing and as per them June 2023 rule applies for the 5 year stay. Did you get any answer further in your situation? as I applied for his Indian passport inside canada and got it today and will be sending it for stamping Visa with all relevant proof I gathered.
 
Ministerial Instructions regarding the Parent and Grandparent Super Visa, updated June 7, 2022, effective July 4, 2022
Dang, it seems I made a mistake. I wasn't aware of the operational instructions. From that link which you provided, the answer is clear:

> be advised by IRCC to contact a Canadian Mission abroad before departing for Canada to request a letter confirming
...
> Upon presentation of this letter at the POE, the examining officer should normally fix the period of authorized stay as five years pursuant to

So you had to specifically request a letter from your Canadian consulate or embassy (or High Commission if that's applicable) before you left to Canada to obtain five years stay back then. And "the examining officer should normally fix the period of authorized stay as five years" reads to me like the officer back then had to take some action to explicitly grant the five years, like handwriting a five year end date on stamp. If you didn't have the letter ready and presented to that officer, or for some other reason the officer didn't do this (the writing of the end date) then - based on what is now being reported - it must be the case that the default (in the absent of a handwritten date) was only two years back then.
I don't have personal experience with this but my guess would be that from that point in mid-2022 onwards officers were directly writing a five year date on the visas until the law changed in mid 2023 which changed the default.

(Now that I think about it I'm not sure IRCC would have the authority to just change the default without a change in law,
So actually my original guess seems to have been correct.
if they don't then that would strongly suggest that folks who entered on Super VIsas after mid 2022 just always got handwritten dates.
But I guessed wrong here - some folks who came after mid 2022 but before mid 2023 didn't get handwritten dates. And now it seems in that case, the stay was only two years, since the default wasn't changed in law until 2023.
Did you guys get any solution to the situation, I am in same situation as you, my dad entered December 01, 2022. He lost passport and when we went to peel police they told me, he has overstayed as per CBSA officer, called IRCC and they confirmed same thing and as per them June 2023 rule applies for the 5 year stay. Did you get any answer further in your situation? as I applied for his Indian passport inside canada and got it today and will be sending it for stamping Visa with all relevant proof I gathered.

So my advice in this situation is still the same as what I wrote earlier:
So an overstay on this is the same as an overstay on any visitor visa. For which I'd point out https://www.canadavisa.com/canada-i...da-on-a-visitors-visa-unintentionally.833941/
Assuming it really is an overstay somehow usually the recommended approach is to write a webform explaining the mistake, the timeline, and why you thought it was a mistake. It doesn't always help, but IRCC does prefer that applicants acknowledge mistakes of this nature. The fact that you're bring it up first, instead of having IRCC catch it, sometimes goes a long way when the IRCC officer has discretion.

That said, this really is immigration lawyer territory. If you can, get one of those paid consults to get advice from someone competent.
Since your father also has an open application, you can also try and include the letter of explanation and copies of the government posting as supporting documents for that application. Something like, "We're sorry we didn't mean to overstay we really thought we got five years after reading this printout from the government website but now that we are aware of our mistake we won't ever do it again" I guess.

In any case, good luck!
 
I am sending them letter with all the above links , archived links of supervisa during the time they entered and passport requesting Visa transfer and Will keep everyone posted on the status
 
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