Refusal on old Visit Visa extension after re-entry (while in midst of H&C application)

[ibtee]

Hi all,

This post is concerning my mother. We are very confused about a refusal letter. She had a strong H&C application filed last year (Divorced, I'm the only child, elderly, physcial/ mental health concerns if alone back home) and while she is staying with us to hear of the H&C decision, she got refusal on an old visit visa extension application (which may not apply anymore?). She is currently in Canada on a 10 year valid TRV.

Below is complete sequence of events.

Jan 2024: My mother came to Canada on TRV (2nd time ever, overall)

Mar 2024: We applied H&C PR application

Jun 2024: (Before 6 months completed from Jan 2024 arrival) My mother applied for extension (visitor visa record)

After that, we didn't have any response/ medical request and my mother stayed in Canada on 'implied status’ until Jan 2025 (stayed within 1 year of original entry date).

Jan 2025: My mother left for home country for 1 month to visit her doctor for maintenance of chronic health issues (we don't have health coverage in Alberta). We are aware it is discouraged to exit Canada while in midst of H&C application decision.

Feb 2025: My mother re-entered on TRV. No stamp on passport (so 6 months validity assumed)

May 2025: We received refusal letter for Jun 2024 visitor visa extension application that asks us to leave before our visa document expires.

Based on people who have been through similar experiences or have knowledge, please advice

- Do you see the refusal letter received as being inapplicable to us considering my mother has re-entered already, after the old extension application?
- Should she apply for a new visit visa extension before Aug 2025 or re-entering Canada at that stage is more safe? (I don't know if we will get refusal again if we apply for extension)

Thank you for your help.

 

[canuck78]

Hi all,

This post is concerning my mother. We are very confused about a refusal letter. She had a strong H&C application filed last year (Divorced, I'm the only child, elderly, physcial/ mental health concerns if alone back home) and while she is staying with us to hear of the H&C decision, she got refusal on an old visit visa extension application (which may not apply anymore?). She is currently in Canada on a 10 year valid TRV.

Below is complete sequence of events.

Jan 2024: My mother came to Canada on TRV (2nd time ever, overall)

Mar 2024: We applied H&C PR application

Jun 2024: (Before 6 months completed from Jan 2024 arrival) My mother applied for extension (visitor visa record)

After that, we didn't have any response/ medical request and my mother stayed in Canada on 'implied status’ until Jan 2025 (stayed within 1 year of original entry date).

Jan 2025: My mother left for home country for 1 month to visit her doctor for maintenance of chronic health issues (we don't have health coverage in Alberta). We are aware it is discouraged to exit Canada while in midst of H&C application decision.

Feb 2025: My mother re-entered on TRV. No stamp on passport (so 6 months validity assumed)

May 2025: We received refusal letter for Jun 2024 visitor visa extension application that asks us to leave before our visa document expires.

Based on people who have been through similar experiences or have knowledge, please advice

- Do you see the refusal letter received as being inapplicable to us considering my mother has re-entered already, after the old extension application?
- Should she apply for a new visit visa extension before Aug 2025 or re-entering Canada at that stage is more safe? (I don't know if we will get refusal again if we apply for extension)

Thank you for your help.

Did you informs IRCC when your mother left Canada? The visitor record application would have been refused because she left Canada. As already indicated she is able to travel out of Canada so that weakens her H&C application. Also a risky proposition given she doesn’t appear to have even applied for a supervisa and applied for H&C soon after arriving on her second visit on a regular TRV so hadn’t established a long a history in Canada. Processing for H&C may take years so she may need to leave Canada again to access healthcare and she will need to attempt to keep extending her visitor record. The quota for H&C is so small now that it will be interesting to see how IRCC assesses applications from parents and whether the program is reformed because processing will be many years for most applicants at this point. Think the estimate was 5-7 years to clear the backlog last fall and the backlog has grown since then.

 

[Copingwithlife]

Hi all,

This post is concerning my mother. We are very confused about a refusal letter. She had a strong H&C application filed last year (Divorced, I'm the only child, elderly, physcial/ mental health concerns if alone back home) and while she is staying with us to hear of the H&C decision, she got refusal on an old visit visa extension application (which may not apply anymore?). She is currently in Canada on a 10 year valid TRV.

Below is complete sequence of events.

Jan 2024: My mother came to Canada on TRV (2nd time ever, overall)

Mar 2024: We applied H&C PR application

Jun 2024: (Before 6 months completed from Jan 2024 arrival) My mother applied for extension (visitor visa record)

After that, we didn't have any response/ medical request and my mother stayed in Canada on 'implied status’ until Jan 2025 (stayed within 1 year of original entry date).

Jan 2025: My mother left for home country for 1 month to visit her doctor for maintenance of chronic health issues (we don't have health coverage in Alberta). We are aware it is discouraged to exit Canada while in midst of H&C application decision.

Feb 2025: My mother re-entered on TRV. No stamp on passport (so 6 months validity assumed)

May 2025: We received refusal letter for Jun 2024 visitor visa extension application that asks us to leave before our visa document expires.

Based on people who have been through similar experiences or have knowledge, please advice

- Do you see the refusal letter received as being inapplicable to us considering my mother has re-entered already, after the old extension application?
- Should she apply for a new visit visa extension before Aug 2025 or re-entering Canada at that stage is more safe? (I don't know if we will get refusal again if we apply for extension)

Thank you for your help.

Why hasn’t she applied for a Supervisa ?

 

[ibtee]

Did you informs IRCC when your mother left Canada? The visitor record application would have been refused because she left Canada. As already indicated she is able to travel out of Canada so that weakens her H&C application. Also a risky proposition given she doesn’t appear to have even applied for a supervisa and applied for H&C soon after arriving on her second visit on a regular TRV so hadn’t established a long a history in Canada. Processing for H&C may take years so she may need to leave Canada again to access healthcare and she will need to attempt to keep extending her visitor record. The quota for H&C is so small now that it will be interesting to see how IRCC assesses applications from parents and whether the program is reformed because processing will be many years for most applicants at this point. Think the estimate was 5-7 years to clear the backlog last fall and the backlog has grown since then.

Hi there, thanks so much for replying.

Yes, we did inform via webforms, first 2 months before her implied status reached 6 months and then the day she left (just shy of 6 month mark). Do you think that the officer simply missed that we had informed them of her departure and also missed her subsequent re-entry? Or this is standard procedure when they realize that the old extension application is no longer valid.

We didn't realize that having supervisa after TRV is important before applying H&C. She had been in Canada for a year before we applied. In both cases (if she was holding TRV or super visa), her actual conditions/ application features that led to the H&C were still the same so we just went forward with the H&C application so we can avoid delaying a decision on an application, which like you mentioned, takes many years to get a decision.

Her application is strong and we will live with the result if this one month departure may be detrimental to the decision.

For now, we are seeking advice on whether staying on in Canada is the right step by applying extension to get implied status? If we get 'rejected' on her extension, can we actually apply another extension or then have to adhere to the refusal instruction. We would never think of not following IRCC instruction but like you are saying that H&C applications are sensitive to even brief visits (even if they were valid). Your guidance is appreciated. Thank you.

 

[ibtee]

Why hasn’t she applied for a Supervisa ?

Supervisa has recently increased stay duration (2 to 5 years in one stay) but otherwise is very similar to a TRV, which can also be extended in 6 month durations. Both require health insurance and are temporary visas. Considering the valid concerns and application features of my mother (details of which are submitted extensively to IRCC), we didn't see any benefit in prolonging the imminent H&C application (by applying supervisa).