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Extension to stay in Canada after an accident

NCh_0608

Member
Jan 10, 2020
10
0
Hi Everyone

M new on this site. Badly stuck and need urgent guidance.

I am on PR here. My mother is on visitors. She came in Sep 2018. We applied for 1st stay extension (visitor record) in Feb 2019, which got approved. Then the 2nd extension (visitor record) in Aug 2019, which also got approved today. We did 2 extensions, as I have no friend or family in Canada. However, my father, brother and grandparents live in India. My mom also has a job in India, from which she is currently on unpaid leave, as she has been here for about 17 months.

But the problem is we both were in a car accident in Oct 2019. We were traveling in someone's car when we were rear-ended by another car. The 2nd car's driver accepted his fault. Since then, we are under a doctor's care and undergoing physiotherapy, massage therapy, etc,- all taken care by ICBC. Physio and doctor say that she will take 3-4 more months to fully recover and be able to travel back to India. She can't travel in Feb 2020 considering her current situation.

The 2nd stay extension got approved today till Feb 2020, but it is a delayed response from IRCC since we had applied for this extension in Aug 2019.

Long story short, I wanted to seek guidance on the following:

1. Can I contact IRCC, give them the details and documents of the accident, and ask them to extend her stay by 2-3 months? What's the process and chances?

2. Will such an act have any impact on her future applications? Whenever she goes back, she will not visit me again till another 6-7 months pass. This means that if she goes in Apr (for eg), she won't come back until Oct/ Nov 2020. That too if she comes, it will be on Supervisa, and not visitors. Bcz we will be looking for a groom for myself. Also, after 3-4 years, I plan to apply for her parental PR. Can my question in pt. 1 impact her future supervisa or PR applications?

3. Any other suggestions/ insights if someone has experienced something similar?

Thanks in advance for your replies.
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,248
Canada
Apply for a further extension. You can't just email them and ask for a response, it will go nowhere. In your application include a letter from the doctor and other documents.

Be aware the extension may well be denied. She's been here a long time. I would recommend she stay home for more than six months as she's basically living here.

If the extension is refused, it may take 3-4 months for the refusal, which should meet the medical advice not to travel.
 

NCh_0608

Member
Jan 10, 2020
10
0
Apply for a further extension. You can't just email them and ask for a response, it will go nowhere. In your application include a letter from the doctor and other documents.

Be aware the extension may well be denied. She's been here a long time. I would recommend she stay home for more than six months as she's basically living here.

If the extension is refused, it may take 3-4 months for the refusal, which should meet the medical advice not to travel.
Thank you very much for a prompt reply. Everything you said makes sense. So, I got an answer to my 1st question. Do you have any thoughts/ knowledge about my 2nd question as well? I don't want her future Supervisa or PR applications to get affected. Also, once she goes back, she is not going to return to Canada atleast before the next 6-7 months. So, she will likely come back around 2021 only, if at all.
 

scylla

VIP Member
Jun 8, 2010
92,537
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Toronto
Category........
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Pre-Assessed..
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Thank you very much for a prompt reply. Everything you said makes sense. So, I got an answer to my 1st question. Do you have any thoughts/ knowledge about my 2nd question as well? I don't want her future Supervisa or PR applications to get affected. Also, once she goes back, she is not going to return to Canada atleast before the next 6-7 months. So, she will likely come back around 2021 only, if at all.
Yes - it's possible that a long stay in Canada could impact future applications. Once she leaves, she should really remain outside of Canada for at least a full year before attempting to return.
 
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canuck78

VIP Member
Jun 18, 2017
52,959
12,760
Hi Everyone

M new on this site. Badly stuck and need urgent guidance.

I am on PR here. My mother is on visitors. She came in Sep 2018. We applied for 1st stay extension (visitor record) in Feb 2019, which got approved. Then the 2nd extension (visitor record) in Aug 2019, which also got approved today. We did 2 extensions, as I have no friend or family in Canada. However, my father, brother and grandparents live in India. My mom also has a job in India, from which she is currently on unpaid leave, as she has been here for about 17 months.

But the problem is we both were in a car accident in Oct 2019. We were traveling in someone's car when we were rear-ended by another car. The 2nd car's driver accepted his fault. Since then, we are under a doctor's care and undergoing physiotherapy, massage therapy, etc,- all taken care by ICBC. Physio and doctor say that she will take 3-4 more months to fully recover and be able to travel back to India. She can't travel in Feb 2020 considering her current situation.

The 2nd stay extension got approved today till Feb 2020, but it is a delayed response from IRCC since we had applied for this extension in Aug 2019.

Long story short, I wanted to seek guidance on the following:

1. Can I contact IRCC, give them the details and documents of the accident, and ask them to extend her stay by 2-3 months? What's the process and chances?

2. Will such an act have any impact on her future applications? Whenever she goes back, she will not visit me again till another 6-7 months pass. This means that if she goes in Apr (for eg), she won't come back until Oct/ Nov 2020. That too if she comes, it will be on Supervisa, and not visitors. Bcz we will be looking for a groom for myself. Also, after 3-4 years, I plan to apply for her parental PR. Can my question in pt. 1 impact her future supervisa or PR applications?

3. Any other suggestions/ insights if someone has experienced something similar?

Thanks in advance for your replies.
She is only undergoing physiotherapy and massage therapy likely for whiplash. She is fine to travel. Assume you are back at work. I wouldn’t highlight that she has been receiving medical care in Canada and that is why she needs to stay.
 

NCh_0608

Member
Jan 10, 2020
10
0
She is only undergoing physiotherapy and massage therapy likely for whiplash. She is fine to travel. Assume you are back at work. I wouldn’t highlight that she has been receiving medical care in Canada and that is why she needs to stay.
Thank you for your reply.

It's whiplash and soft tissue injuries in her back, left arm, neck and shoulder. We've been going to all these physical therapies since Nov 2019. According to the doctor and the therapists, full recovery will take about 6-7 months more. But in the next 3 months or so, both of us should be around 60-70% recovered.
No, I am still on leave from work, as per the doctor's latest assessment. In a few weeks, I'll attempt a gradual return to work with reduced hours for first 8 weeks. M also scheduled for a CT Scan in a few weeks.

Considering the above, what's my best way out? Please guide. Thanks again.
 

NCh_0608

Member
Jan 10, 2020
10
0
Yes - it's possible that a long stay in Canada could impact future applications. Once she leaves, she should really remain outside of Canada for at least a full year before attempting to return.
Thanks for your reply.

For a full year before I can apply for her Supervisa? Her visitors Visa is valid till 2025. I know by the time she will return to India, she would have had been here for 1.5 yrs, but these were all approved stays. We haven't done anything illegally.

I ask this because my physiotherapist said that if I send her in Feb itself, I should have her return in the next few months (4-5), so that she can continue her ICBC paid treatment if she hasn't recovered till then. She will also take treatment in India in the interim period.

Sorry for asking so much. Just stressed about her recovery. Thanks again.
 

Bs65

VIP Member
Mar 22, 2016
13,190
2,419
Do not think anyone is saying anyone has done anything illegal but just stating that you will be relying on the CBSA officer at the border to grant another default 6 month stay when they may look at it that she has in effect been living in the country as a visitor. This regardless of the approved extensions given those are approved by IRCC and not CBSA at the border who may interpret the previous stays differently.

Obviously nobody here can do more than speculate but general advice as a visitor is to ensure that someone can as a visitor show they are really only visiting and one way is to not return for another visit too soon after previous one. Obviously nobody here works for IRCC or CBSA so cannot predict anything and is a personal decision to take or leave any public forum input.

Treatment paid or not in Canada any reason then why cannot complete this in home country ? As above can always ask for another extension given the ongoing treatment, but nobody here can predict of course odds of success or even if will have any affect on future applications such as Super or even PR.


Also Guess you realise that a Super Visa applicant needs to pass a medical and in addition needs to show minimum medical insurance so obviously need to ensure back to full fitness before submitting a super visa application.

Others can comment but apart from the medical not sure there is any time restriction on when you can submit a super visa application which has to be submitted from outside of Canada so whilst your mother is in home country.
 
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scylla

VIP Member
Jun 8, 2010
92,537
20,360
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
Thanks for your reply.

For a full year before I can apply for her Supervisa? Her visitors Visa is valid till 2025. I know by the time she will return to India, she would have had been here for 1.5 yrs, but these were all approved stays. We haven't done anything illegally.

I ask this because my physiotherapist said that if I send her in Feb itself, I should have her return in the next few months (4-5), so that she can continue her ICBC paid treatment if she hasn't recovered till then. She will also take treatment in India in the interim period.

Sorry for asking so much. Just stressed about her recovery. Thanks again.
We are not saying she has done anything illegal. We are just suggesting what will give her the highest chances of a super visa approval given how long she has been in Canada.

A super visa requires that she demonstrate strong ties to her home country. It will be challenging for her to do this after a year and a half in Canada. She will have effectively severed all of her ties at that point. She will want to live back home for a significant period to re-establish ties before applying to give the highest chance of approval.
 

NCh_0608

Member
Jan 10, 2020
10
0
We are not saying she has done anything illegal. We are just suggesting what will give her the highest chances of a super visa approval given how long she has been in Canada.

A super visa requires that she demonstrate strong ties to her home country. It will be challenging for her to do this after a year and a half in Canada. She will have effectively severed all of her ties at that point. She will want to live back home for a significant period to re-establish ties before applying to give the highest chance of approval.
Got your point, @scylla. One last question-

Say I apply for her extension in Feb 2020 for 4 months (till June 2020). Regardless of if she gets approved or not, she will be able to stay till the application is processed. Say till May.
Now, say she goes to India in May and I apply for her Supervisa in Nov/ Dec (after 6-7 months of her being in India). So, for the supervisa will I have to wait till I get NOA for 2020, which will come in Mar/Apr 2021? Or will my NOA for 2019 suffice? Of course, I will give my bank statements and every other document from my end. Plus she will give her documents from India.

Thank you again for your reply.
 

NCh_0608

Member
Jan 10, 2020
10
0
Do not think anyone is saying anyone has done anything illegal but just stating that you will be relying on the CBSA officer at the border to grant another default 6 month stay when they may look at it that she has in effect been living in the country as a visitor. This regardless of the approved extensions given those are approved by IRCC and not CBSA at the border who may interpret the previous stays differently.

Obviously nobody here can do more than speculate but general advice as a visitor is to ensure that someone can as a visitor show they are really only visiting and one way is to not return for another visit too soon after previous one. Obviously nobody here works for IRCC or CBSA so cannot predict anything and is a personal decision to take or leave any public forum input.

Treatment paid or not in Canada any reason then why cannot complete this in home country ? As above can always ask for another extension given the ongoing treatment, but nobody here can predict of course odds of success or even if will have any affect on future applications such as Super or even PR.


Also Guess you realise that a Super Visa applicant needs to pass a medical and in addition needs to show minimum medical insurance so obviously need to ensure back to full fitness before submitting a super visa application.

Others can comment but apart from the medical not sure there is any time restriction on when you can submit a super visa application which has to be submitted from outside of Canada so whilst your mother is in home country.
Thanks for a detailed reply. I've noted your points.

I've posted one last question to @scylla. You may share your thoughts too, if any:

Say I apply for her stay extension in Feb 2020 for 4 months (till June 2020). Regardless of if she gets approved or not, she will be able to stay till the application is processed. Say till May.
Now, say she goes to India in May and I apply for her Supervisa in Nov/ Dec (after 6-7 months of her being in India). So, for the supervisa, will I have to wait till I get NOA for 2020, which will come in Mar/Apr 2021? Or will my NOA for 2019 suffice? Of course, I will give my bank statements and every other document from my end. Plus she will give her documents from India.

Thank you again for your reply.
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,248
Canada
The website says "Notice of Assessment (NOA) or T4/T1 for the most recent tax year" as the document requirement. If you apply in May, the 2019 NOA should suffice.

Be aware of what @scylla already said: your mother will have been here for 19 months if she is allowed to stay until June 2020. Staying in India for 6 months may not be sufficient to demonstrate ties to India that would cause her to return home.
 

NCh_0608

Member
Jan 10, 2020
10
0
The website says "Notice of Assessment (NOA) or T4/T1 for the most recent tax year" as the document requirement. If you apply in May, the 2019 NOA should suffice.

Be aware of what @scylla already said: your mother will have been here for 19 months if she is allowed to stay until June 2020. Staying in India for 6 months may not be sufficient to demonstrate ties to India that would cause her to return home.
I talked about stay extension for May. Supervisa, then I will apply in Nov/Dec 2020, after her having stayed in India for 6-7 months. So, my question was if NOA for 2019 will work when applying for supervisa in Nov/Dec 2020. Or will I have to wait till 2021 to get NOA for 2020 instead?
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,248
Canada
I talked about stay extension for May. Supervisa, then I will apply in Nov/Dec 2020, after her having stayed in India for 6-7 months. So, my question was if NOA for 2019 will work when applying for supervisa in Nov/Dec 2020. Or will I have to wait till 2021 to get NOA for 2020 instead?
I quoted what the website says.

It says "most recent tax year." Throughout 2020, 2019 is the most recent tax year. In 2021, 2020 is the most recent tax year. If you applied in January 2021, you'd need to wait for the NOA.

And still, if you apply for her supervisa after she's only been in India for 6-7 months, she will still have the challenge of having more ties to Canada than India.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,760
If you are going back to work soon even on a gradual basis I fail to see why she can’t travel home. How many hours of physio or other treatment will she be receiving past February 2020? 30 minutes twice a week? Saying that your mother must stay for medical reasons raises quite a lot of red flags. Does she currently have her own health policy that you can show she has had for the past year.