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Overstayed Super VISA - mistake by the CIC?

canadian2016

Member
Jan 6, 2016
12
0
This post will be of great interest to anybody who is applying or who is in Canada under the Super Visa program. Wish I knew 2 years ago what I know now. Also, can anybody suggest something constructive? We are now at a complete loss...


From "Temporary residents: Examination and admission at the port of entry" (sorry, I cannot post a link, but googling this finds this page right away):

"Length of admissions

An officer at the POE will determine the length of time that a temporary resident may remain in Canada.

Note: In general, stamps issued by CBSA officers at the POE are valid for a period of

1) six months from the date of entry (for visitors); or
2) two years from the date of initial entry (for parents and grandparents who possess the super visa-PG1 TRV or letter).

If a handwritten date has been placed under the stamp, then the period of authorized stay expires on that date. "

What I understood reading this is that, if there is nothing written under the stamp in mother-in-law's passport (who is a holder of a PG-1 visa, i.e., the super visa), then she could stay in Canada for 2 years before we had to apply to extend her stay. We were WRONG!!!! It turns out that it is only 6 months.

We tried to extend her stay after 1 year and 11 months of her being in Canada, and our application was refused because of the above (i.e., she was only allowed to stay for 6 months if there were no handwritten notes under the stamp in her passport). Now, we are screwed because of all the confusion around what a blank stamp in a passport means for Super Visa holders.

What can/should we now do? Can anybody suggest something specific? Is there a way to appeal? On top of that, my we now applied for a PR for my mother-in-law, and I am pretty sure that this gives the Immigration Canada a reason to refuse her application (since she overstayed her visa and so did not comply with the Immigration Act).

Please help!!!
 

nipudhk

Full Member
Dec 28, 2011
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119
Kuwait
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Re: Overstayed Super VISA

canadian2016 said:
This post will be of great interest to anybody who is applying or who is in Canada under the Super Visa program. Wish I knew 2 years ago what I know now. Also, can anybody suggest something constructive? We are now at a complete loss...


From "Temporary residents: Examination and admission at the port of entry" (sorry, I cannot post a link, but googling this finds this page right away):

"Length of admissions

An officer at the POE will determine the length of time that a temporary resident may remain in Canada.

Note: In general, stamps issued by CBSA officers at the POE are valid for a period of

1) six months from the date of entry (for visitors); or
2) two years from the date of initial entry (for parents and grandparents who possess the super visa-PG1 TRV or letter).

If a handwritten date has been placed under the stamp, then the period of authorized stay expires on that date. "

What I understood reading this is that, if there is nothing written under the stamp in mother-in-law's passport (who is a holder of a PG-1 visa, i.e., the super visa), then she could stay in Canada for 2 years before we had to apply to extend her stay. We were WRONG!!!! It turns out that it is only 6 months.

We tried to extend her stay after 1 year and 11 months of her being in Canada, and our application was refused because of the above (i.e., she was only allowed to stay for 6 months if there were no handwritten notes under the stamp in her passport). Now, we are screwed because of all the confusion around what a blank stamp in a passport means for Super Visa holders.

What can/should we now do? Can anybody suggest something specific? Is there a way to appeal? On top of that, my we now applied for a PR for my mother-in-law, and I am pretty sure that this gives the Immigration Canada to refuse her application (since she overstayed her visa and so did not comply with the Immigration Act).

Please help!!!
As per my knowledge if CBSA officer didn't mentioned any date on the passport Supervisa holder can stay up to 2 years from date of Arrival, On CIC website also saying same thing, link is here for reference, http://www.cic.gc.ca/english/resources/tools/temp/visa/processing/examinations.asp

My parents also in Supervisa & they got stamp without any date & they are staying since May 2015,

I think there is some misunderstanding or CIC officer messed up with your case.

Hopefully it will sort it out for you, Best of Luck.
 

canadian2016

Member
Jan 6, 2016
12
0
Re: Overstayed Super VISA

nipudhk said:
As per my knowledge if CBSA officer didn't mentioned any date on the passport Supervisa holder can stay up to 2 years from date of Arrival, On CIC website also saying same thing, link is here for reference, http://www.cic.gc.ca/english/resources/tools/temp/visa/processing/examinations.asp

My parents also in Supervisa & they got stamp without any date & they are staying since May 2015,

I think there is some misunderstanding or CIC officer messed up with your case.

Hopefully it will sort it out for you, Best of Luck.
Yes, that's the link that I could not post, and that's exactly why we assumed that all was fine...

I called the CIC (phone number on their website), and the lady on the phone also stated that it is "6 months for Supervisa holders if nothing is written under the stamp". When I mentioned the above link, she said something along the lines "yes, I understand that it is confusing, but it is still 6 months". What a mess!

I am going to meet my MP to discuss these issues. Also, somebody suggested to apply for the Restoration of Temporary Resident Status, but the regulations say that one can do it only within 90 days after the status has expired (in our case, it was June 2015 "if 6 months" or as of 10 days ago "if 2 years" - 10 days because we applied for an extension in November, but this extension has now been refused).. Does anybody have any experience with this, or perhaps some experience with how an MP's office can help? I have no idea what my MP can even do, or what I should be asking them to do. As of now, I am going to ask them to look at this link and prepare a letter supporting our application for the restoration of status. Any other suggestions?

By the way, to make sure that I am not losing my mind. How does a Supervisa look like? In my mother-in-law's case it simply says "PG-1 VISITOR" on the "Category" line. Can anybody at least confirm that their Supervisas look the same (my mother-in-law is from Ukraine, so the visa is stamped in her passport.. I know that sometimes visas are issued on separate pieces of paper.. those might look differently). It does not have to say "supervisa" anywhere, does it?
 

Alien_walkingalone

Hero Member
Jul 9, 2015
265
32
Re: Overstayed Super VISA

Same thing happened with my mother , I thought it's two years but now it's been 9 month that she is here , I got to know this , what can I do now ? It's 9 months 7days now .
 

Braz90

Newbie
Apr 25, 2017
1
0
My father came in 2015 June. Same thing happened to me officer did stamp but no date was written. I confirmed this information with cbsa by phone they said no date means 2 years of stay. Now I am preparing for Extention I research and found out that it was 6 months. I don't know what to do!! Can anyone help?


!!
 

canadian2016

Member
Jan 6, 2016
12
0
Un update on our situation.. Hope it'll help somebody.

We got a support letter from our MP and applied for the restoration of status for my mother-in-law ($200 application fee). A few days ago, we got a call from Canada Immigration that they will be refunding $200, canceling the refusal letter and extending my MIL stay for one year.
 

Pammis1985

Member
Oct 2, 2017
19
0
Un update on our situation.. Hope it'll help somebody.

We got a support letter from our MP and applied for the restoration of status for my mother-in-law ($200 application fee). A few days ago, we got a call from Canada Immigration that they will be refunding $200, canceling the refusal letter and extending my MIL stay for one year.

How long did it take for them to process your request for restoration?
 

Pammis1985

Member
Oct 2, 2017
19
0
Re: Overstayed Super VISA



As per my knowledge if CBSA officer didn't mentioned any date on the passport Supervisa holder can stay up to 2 years from date of Arrival, On CIC website also saying same thing, link is here for reference, http://www.cic.gc.ca/english/resources/tools/temp/visa/processing/examinations.asp

My parents also in Supervisa & they got stamp without any date & they are staying since May 2015,

I think there is some misunderstanding or CIC officer messed up with your case.

Hopefully it will sort it out for you, Best of Luck.
Did you apply for restoration of their status. I am in a similar situation, my mother came here on April 19/ 2017 and no date was written on her passport. I found out from someone just today that it means she could stay for 6 months only.
 

nipudhk

Full Member
Dec 28, 2011
40
0
119
Kuwait
Job Offer........
Pre-Assessed..
Did you apply for restoration of their status. I am in a similar situation, my mother came here on April 19/ 2017 and no date was written on her passport. I found out from someone just today that it means she could stay for 6 months only.
If she is on super visa & no date was written on the passport then she can stay up to April 19 2019 without any extension, but she have to be out before 18 April 2019. My parents was entered on May 2015, then out on May 2017, then again enter on 7 July 2017 again they out on 23 Nov 2017, this time they out early because their passport was stamp where they was permit to stay 6 months only. So it's 100% sure if there is no stamp on passport & holding super visa they can stay up to 2 years.
 

Pammis1985

Member
Oct 2, 2017
19
0
If she is on super visa & no date was written on the passport then she can stay up to April 19 2019 without any extension, but she have to be out before 18 April 2019. My parents was entered on May 2015, then out on May 2017, then again enter on 7 July 2017 again they out on 23 Nov 2017, this time they out early because their passport was stamp where they was permit to stay 6 months only. So it's 100% sure if there is no stamp on passport & holding super visa they can stay up to 2 years.
Thanks for the teply :)
 

priyabhee

Hero Member
Sep 23, 2015
246
10
Same situation with me
Parents are here on super visa but at POE the CBSA officer just stamped the passports but did not mentioned any date. We thought as it was a super visa they can stay for 2 years. Now we got PR invitation and we got to know from our friends and also contacted CIC that if no handwritten date then they should leave within 6 months. It’s been 1 year 1 month now and I am worried it may impact on their PR application.
What should I do
Apply for extension or send my parents out of the country?
Please advise and share your experiences
Thanks
 

Pammis1985

Member
Oct 2, 2017
19
0
I received a reply via email from cic a couple months ago and was told that if there is no stamp then an individual who is on super visa can stay for 2 years.

And congratulations for being invited to apply for PR.



Same situation with me
Parents are here on super visa but at POE the CBSA officer just stamped the passports but did not mentioned any date. We thought as it was a super visa they can stay for 2 years. Now we got PR invitation and we got to know from our friends and also contacted CIC that if no handwritten date then they should leave within 6 months. It’s been 1 year 1 month now and I am worried it may impact on their PR application.
What should I do
Apply for extension or send my parents out of the country?
Please advise and share your experiences
Thanks
an wmail
 

priyabhee

Hero Member
Sep 23, 2015
246
10
Hi how contacted them? And in my case they stamped the passports but did not write any end date
I received a reply via email from cic a couple months ago and was told that if there is no stamp then an individual who is on super visa can stay for 2 years.

And congratulations for being invited to apply for PR.




an wmail
 

Pammis1985

Member
Oct 2, 2017
19
0
It was the same for my mom too. They stamped the passport but there was no handwritten date. I had sent them an inquiry by filling out a form in cic website.




Hi how contacted them? And in my case they stamped the passports but did not write any end date
iwas rh