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Overstayed under Super Visa

Suthu

Newbie
Nov 2, 2015
2
0
My mother-in-law came into Canada under the Super visa (multiple entries) and we have thought she can stay for 2 years every visit. However, recently we have found out that she can stay only 6 months from the passport stamp date unless she received 2 yrs permission from border officer. We haven’t received any removal orders yet. It’s totally a miss communication mistake. We are looking to send her back to my home country soon. We have multiple entry visas for 8 yrs. Is it going to be a problem to revisit into Canada for her again? Please help with some information.
 

scylla

VIP Member
Jun 8, 2010
93,238
20,679
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
It's impossible for any of us to say. She will find out once she returns to Canada. It's possible she may have issues re-entering Canada - it's possible she may not. Again, impossible for any of us to guess.

Regardless, the right thing for her to do now is leave Canada as soon as possible.

I would recommend she wait for at least 6 months before attempting to return to Canada.
 

Suthu

Newbie
Nov 2, 2015
2
0
Thank you for your advice. We don't have someone to look after our 2 yrs old son. I am looking to bring her back within 2 weeks.
 

scylla

VIP Member
Jun 8, 2010
93,238
20,679
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
Suthu said:
Thank you for your advice. We don't have someone to look after our 2 yrs old son. I am looking to bring her back within 2 weeks.
That's really not a good idea based on the overstay (how long did she actually overstay?). Having said that, you can obviously try. Have a back up plan in the event she is refused entry and sent home.
 

Alien_walkingalone

Hero Member
Jul 9, 2015
269
35
I know someone who came with same type of visa and before 6 months finish she went to USA and tried to reenter after six months but the immigration didn't let her in & asked her to go back to her country or USA. When she said she left Canada before six months and trying to re-enter after six .the immi officer said you can't stay in North America over six months. Anyway finally they gave her removal order i mean deportation asked her to leave Canada within 2 days . later on she spoke to a lawyer and he advised her try not to reenter before six months again. She had to face so much trouble so far I remember
 

Kazmemon

Star Member
May 19, 2010
122
5
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
July 2008
Doc's Request.
Sep 2008
AOR Received.
Aug 2008
File Transfer...
30- June-2010
Med's Request
Jul 21 2011
Med's Done....
Jul 28 2011
Interview........
Waived
Passport Req..
PPR 1 -- 30th Nov 2011 PPR2 -- 19th Dec 2011
VISA ISSUED...
6th Jan 2012
LANDED..........
4th Mar-2012
Suthu said:
My mother-in-law came into Canada under the Super visa (multiple entries) and we have thought she can stay for 2 years every visit. However, recently we have found out that she can stay only 6 months from the passport stamp date unless she received 2 yrs permission from border officer. We haven’t received any removal orders yet. It’s totally a miss communication mistake. We are looking to send her back to my home country soon. We have multiple entry visas for 8 yrs. Is it going to be a problem to revisit into Canada for her again? Please help with some information.
I don't understand how can she not allowed 2 years stamp when she 1st entered at first place as she is on Super Visa. Difference between Super Visa and Visit Visa is the stay with your Child for MAX 2 years and that compared to Visit Visa which is 6 Months.

Sorry Cannot hide my frustration

I can pray, you get what you have planned
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
Suthu said:
Thank you for your advice. We don't have someone to look after our 2 yrs old son. I am looking to bring her back within 2 weeks.
Is the overstay on the most recent admission or just historic ones? How long of an overstay?
 

Ponga

VIP Member
Oct 22, 2013
10,152
1,331
Job Offer........
Pre-Assessed..
Suthu said:
Thank you for your advice. We don't have someone to look after our 2 yrs old son. I am looking to bring her back within 2 weeks.
Can't that be seen as working without authorization?

Yes, I'm aware that she is the grandmother, but she is still providing care for a child that could be done by someone in Canada with authorization to work.
 

revz

Newbie
Dec 11, 2017
9
0
is there any news or update about this situtation? because my grandmother has the same situation and she overstayed for atleast 7 month. we just knew because we are just about to extend her stay that we thought it's 2 years.
 

pie_vancouver

Hero Member
Jun 12, 2014
963
86
Vancouver
Category........
Visa Office......
Manila
NOC Code......
1111
Job Offer........
Pre-Assessed..
App. Filed.......
2008
VISA ISSUED...
2009
LANDED..........
2010
Look at the passport stamp, when my mom arrived yesterday the stamp was for 1 year, coz the expiry of the passport is also next year which is a bummer, anyway, I will just have to apply for extension before the expiry.
 

revz

Newbie
Dec 11, 2017
9
0
Look at the passport stamp, when my mom arrived yesterday the stamp was for 1 year, coz the expiry of the passport is also next year which is a bummer, anyway, I will just have to apply for extension before the expiry.
we did and theres no date on her stamp apparently on their data base we did apply for parents grand parents supervisa but she was only given a regular visiting visa that can let you stay for 6 months. and then when i called the immigration to inquire on extending her stay that is when we only found out that it is a regular visa and she overstayed for 7 months tomorrow. i just want to know any update or same scenario and what did they do. if they applied for restoration of status. and if she really needs to go home. can she go home after atleast the holidays. our family is in deep sadness right now. any ideas thoughts or same experience will be a great help thank you in advance
 

pie_vancouver

Hero Member
Jun 12, 2014
963
86
Vancouver
Category........
Visa Office......
Manila
NOC Code......
1111
Job Offer........
Pre-Assessed..
App. Filed.......
2008
VISA ISSUED...
2009
LANDED..........
2010
I am sorry about this, how come the visa is just regular trv and not super visa? Did she undergo the medical exam and had medical insurance?
 

Abhi098

Star Member
Oct 21, 2016
95
16
we did and theres no date on her stamp apparently on their data base we did apply for parents grand parents supervisa but she was only given a regular visiting visa that can let you stay for 6 months. and then when i called the immigration to inquire on extending her stay that is when we only found out that it is a regular visa and she overstayed for 7 months tomorrow. i just want to know any update or same scenario and what did they do. if they applied for restoration of status. and if she really needs to go home. can she go home after atleast the holidays. our family is in deep sadness right now. any ideas thoughts or same experience will be a great help thank you in advance
Does the visa on passport say "PG-1" under category? If yes, then it is supervisa. If not, I recommend talking to your MP and getting a letter stating that she had no ill intention to overstay but rather was a mistake. I believe I read on this forum somewhere where someone overstayed their supervisa and talked to MP as their extension was refused. And after communication from MP, they got it reveresed. Let me check if I can find that post
 

revz

Newbie
Dec 11, 2017
9
0
I am sorry about this, how come the visa is just regular trv and not super visa? Did she undergo the medical exam and had medical insurance?
She have medical insurance and everything.. I don't know if it's because of not enough coverage of medical insurance but until now we keep on paying it monthly for her.