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).

 

[canuck78]

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.

In terms of the extension refusal this was likely due to IRCC not taking action in response to your email indicating your mother had left Canada. It should have been refused shortly after the left because she was no longer in Canada and no longer qualified from the extension. You will have to remember to indicate that she now has a refusal in her history.

Having a supervisa is not essential for applying for H&C. In the analysis of her case the fact that she did not attempt to secure a supervisa will likely brought up for a variety of reasons. The first would be that the supervisa was created to allow parents to visit for a longer duration and in recognition that many want to secure PR for their parents will not be able to do so. Parent sponsorship was never guaranteed and the demand far exceeds that number of spots available. There is a quota for PGP for a reason and realistically the quota exceeds the actual capacity to welcome more seniors to Canada. The fact that mother did not attempt to secure a supervisa and spend a longer period of time visiting Canada while hoping to secure a spot via PGP is likely to be part of the H&C consideration. Many other parents with similar circumstance as your mother are visit Canada on a supervisa.

The other big issue is that a super visa would allow her to visit for a longer period of time while waiting for the outcome of her H&C application without having to try to extend her visit or fall out of status. Given that she has indicated that she wants to remain in Canada permanently. It may become more difficult to extend her visitor status. She may add a certain point fall out of status while her H&C application is still processing. Given processing times are many years at this point there is a good chance she will end up in Canada without status unless there are reforms to the H&C program. Falling out of status and remaining in a country has significant long-term implications in the country and abroad so it is best to avoid this. Had she had a supervisa her risk of losing status before her H&C application is approved/refused would be much lower. If her attempt to secure future extensions is denied then there are no easy solutions. The best option is likely to remain in Canada without status hoping for eventual H&C approval but it is still not a great option and if refused will likely make visiting Canada in the future impossible.

 

[ibtee]

In terms of the extension refusal this was likely due to IRCC not taking action in response to your email indicating your mother had left Canada. It should have been refused shortly after the left because she was no longer in Canada and no longer qualified from the extension. You will have to remember to indicate that she now has a refusal in her history.

Having a supervisa is not essential for applying for H&C. In the analysis of her case the fact that she did not attempt to secure a supervisa will likely brought up for a variety of reasons. The first would be that the supervisa was created to allow parents to visit for a longer duration and in recognition that many want to secure PR for their parents will not be able to do so. Parent sponsorship was never guaranteed and the demand far exceeds that number of spots available. There is a quota for PGP for a reason and realistically the quota exceeds the actual capacity to welcome more seniors to Canada. The fact that mother did not attempt to secure a supervisa and spend a longer period of time visiting Canada while hoping to secure a spot via PGP is likely to be part of the H&C consideration. Many other parents with similar circumstance as your mother are visit Canada on a supervisa.

The other big issue is that a super visa would allow her to visit for a longer period of time while waiting for the outcome of her H&C application without having to try to extend her visit or fall out of status. Given that she has indicated that she wants to remain in Canada permanently. It may become more difficult to extend her visitor status. She may add a certain point fall out of status while her H&C application is still processing. Given processing times are many years at this point there is a good chance she will end up in Canada without status unless there are reforms to the H&C program. Falling out of status and remaining in a country has significant long-term implications in the country and abroad so it is best to avoid this. Had she had a supervisa her risk of losing status before her H&C application is approved/refused would be much lower. If her attempt to secure future extensions is denied then there are no easy solutions. The best option is likely to remain in Canada without status hoping for eventual H&C approval but it is still not a great option and if refused will likely make visiting Canada in the future impossible.

Thanks a lot for the detailed overview and response. Certainly clears things up a bit more.

Presently, the supervisa is not a variable anymore as the die is cast. We may look into supervisa if H&C is denied, before reapplying H&C.

For now, we will reapply extension and see how it goes.

The refusal on extension, at least, will not affect us in short-term if I understand correctly. Our 10 year validity of TRV means (7 years remaining at least), if a future extension application is denied, she can exit and come back to the country for 6 month stays while we figure out the supervisa or wait for the second H&C?

 

[Copingwithlife]

Thanks a lot for the detailed overview and response. Certainly clears things up a bit more.

Presently, the supervisa is not a variable anymore as the die is cast. We may look into supervisa if H&C is denied, before reapplying H&C.

For now, we will reapply extension and see how it goes.

The refusal on extension, at least, will not affect us in short-term if I understand correctly. Our 10 year validity of TRV means (7 years remaining at least), if a future extension application is denied, she can exit and come back to the country for 6 month stays while we figure out the supervisa or wait for the second H&C?

You’re playing with fire by them coming in , staying for six months , leave , rinse & repeat .

If they think they are abusing there visa privileges they can deny them and they can also cancel their visa

It’s happened to others and that’s why I included the link . You wouldn’t be the first to think of this plan

And just because their visa is good for xxx years doesn’t mean they can quasi live here and that’s what it sounds like you’re proposing


https://www.canada.ca/en/immigratio...-cancellations-border-security-integrity.html

Everyone thinks they are funny , everyone thinks their kids are cute and or exceptional and everyone thinks that their reasons for HC trumps the IRCC
Most of the time they are incorrect

 

[scylla]

Thanks a lot for the detailed overview and response. Certainly clears things up a bit more.

Presently, the supervisa is not a variable anymore as the die is cast. We may look into supervisa if H&C is denied, before reapplying H&C.

For now, we will reapply extension and see how it goes.

The refusal on extension, at least, will not affect us in short-term if I understand correctly. Our 10 year validity of TRV means (7 years remaining at least), if a future extension application is denied, she can exit and come back to the country for 6 month stays while we figure out the supervisa or wait for the second H&C?

That's not the case.

IRCC will sometimes cancel valid TRVs. If the H&C application is refused, there will be a very high chance the TRV will be canceled. She should avoid leaving Canada for any reason. If an extension is refused, she should remain in Canada without status until the outcomes of the H&C application are known.

 

[canuck78]

Thanks a lot for the detailed overview and response. Certainly clears things up a bit more.

Presently, the supervisa is not a variable anymore as the die is cast. We may look into supervisa if H&C is denied, before reapplying H&C.

For now, we will reapply extension and see how it goes.

The refusal on extension, at least, will not affect us in short-term if I understand correctly. Our 10 year validity of TRV means (7 years remaining at least), if a future extension application is denied, she can exit and come back to the country for 6 month stays while we figure out the supervisa or wait for the second H&C?

The issue is if H&C is refused it may never be possible to get approved for any form of visitor visa because your parent has declared she wants to remain in Canada and get PR not visit. As already noted a 10 year TRV does not guarantee the ability to visit Canada for 10 years, entry into Canada or even a 6 month visit at each entry. The more that your mother attempts to extend her visit in Canada the higher the chance of being refused. The fact that she filed an H&C which reinforces that she is not a genuine visitor does not help. For all forms of visitors at a certain point IRCC wants you to finalize your pathway to PR like in the case of a spousal sponsorship or go home. As Canada attempts to reduce the volume of temporary residents Canada is likely to be less generous than it has been. If she attempts to leave Canada and reenter she could be refused entry into Canada. If she had already been refused an extension and has been in Canada for a long period of time the chances of being refused entry are more likely which is why remaining in Canada without status is probably the best option. Never a great option but the best available. Filing an H&C application does not stop removal from Canada. Canada has started to remove people a lot more frequently than they used to. I read the applications for stays of removal and many are being denied even with ongoing H&C applications if the applications are not close to being finalized. The processing will continue after they are removed from Canada so another reason many of the stays are not granted. The other possibility is that the H&C program gets reformed because there is probably around 100k people at this point when the yearly quota for all forms of H&C programs is around 10k this year and 6.5k for 2025 and 4.5k for 2027. Many seem to be applying for H&C for their parents because PGP has been closed to new applicants or they have not been selected. H&C is not meant as a way to circumvent PGP so there is a high chance this will be a targeted group in the reform process. There is a quota for PGP for a reason and given the state of things like our healthcare system realistically we can’t even absorb the PGP quota. Many are applying for H&C for their parents thinking this will be a pathway to secure PR for them but in reality this is a lot more complicated than people realize with some pretty serious longterm consequences if denied. Hopefully others may read this and talk through the possible outcomes with an immigration lawyer before deciding whether the risk is worth it.

 

[Copingwithlife]

The issue is if H&C is refused it may never be possible to get approved for any form of visitor visa because your parent has declared she wants to remain in Canada and get PR not visit. As already noted a 10 year TRV does not guarantee the ability to visit Canada for 10 years, entry into Canada or even a 6 month visit at each entry. The more that your mother attempts to extend her visit in Canada the higher the chance of being refused. The fact that she filed an H&C which reinforces that she is not a genuine visitor does not help. For all forms of visitors at a certain point IRCC wants you to finalize your pathway to PR like in the case of a spousal sponsorship or go home. As Canada attempts to reduce the volume of temporary residents Canada is likely to be less generous than it has been. If she attempts to leave Canada and reenter she could be refused entry into Canada. If she had already been refused an extension and has been in Canada for a long period of time the chances of being refused entry are more likely which is why remaining in Canada without status is probably the best option. Never a great option but the best available. Filing an H&C application does not stop removal from Canada. Canada has started to remove people a lot more frequently than they used to. I read the applications for stays of removal and many are being denied even with ongoing H&C applications if the applications are not close to being finalized. The processing will continue after they are removed from Canada so another reason many of the stays are not granted. The other possibility is that the H&C program gets reformed because there is probably around 100k people at this point when the yearly quota for all forms of H&C programs is around 10k this year and 6.5k for 2025 and 4.5k for 2027. Many seem to be applying for H&C for their parents because PGP has been closed to new applicants or they have not been selected. H&C is not meant as a way to circumvent PGP so there is a high chance this will be a targeted group in the reform process. There is a quota for PGP for a reason and given the state of things like our healthcare system realistically we can’t even absorb the PGP quota. Many are applying for H&C for their parents thinking this will be a pathway to secure PR for them but in reality this is a lot more complicated than people realize with some pretty serious longterm consequences if denied. Hopefully others may read this and talk through the possible outcomes with an immigration lawyer before deciding whether the risk is worth it.

…. Adding

Once again people immigrating and lo and behold the parents left behind get old ( as we all do), get sick ( as we all will) and then think for some reasons that should allow them to bring them over to get PR , just because they think they are the exception to the rules


It’s called planning . That should have been part of the planning on who is going to care for them since there has never been a GUARANTEE parents can move here . The Supervisa was created and it appears it’s still not enough.

Most countries have senior care homes that one can place there parent and or parents if they can’t take care of themselves. Or the ones that immigrated move back to care for them

 

[canuck78]

…. Adding

Once again people immigrating and lo and behold the parents left behind get old ( as we all do), get sick ( as we all will) and then think for some reasons that should allow them to bring them over to get PR , just because they think they are the exception to the rules


It’s called planning . That should have been part of the planning on who is going to care for them since there has never been a GUARANTEE parents can move here . The Supervisa was created and it appears it’s still not enough.

Most countries have senior care homes that one can place there parent and or parents if they can’t take care of themselves. Or the ones that immigrated move back to care for them

To be fair the government should be more upfront about the likelihood of parent sponsorship. Posting the requirement for parent sponsorship and not painting the picture about the demand for parent sponsorship versus the the available spots, being upfront with the reality that parent sponsorship is not guaranteed and that a plan for care in their home country should be in place when the child immigrates, posting the average time or number of attempts before someone gets selected for PGP, etc. would be helpful. PGP visit length increasing as a compromise instead of increasing the PGP quota was also a stupid idea because it has only lead to an impression that this is a permanent move to Canada. The length of visit should have remained at 2 years and actually enforced (versus allowing multiple extensions as was often the case) so that there was no confusion that this was a visit and ensured that parents kept their ties to their home country like their homes. In the end not being clear and increasing the length of the supervisa has lead to many and children who will be shocked when they are told they have to return home. Same issue with allowing parents to apply for H&C and circumventing PGP. This had just increased the number of parents applying for H&C and IRCC is going to have to take action or the number will keep on increasing. I assume there is a high chance that parents will be excluded from the H&C program along with some other groups.

 

[YVR123]

Thanks a lot for the detailed overview and response. Certainly clears things up a bit more.

Presently, the supervisa is not a variable anymore as the die is cast. We may look into supervisa if H&C is denied, before reapplying H&C.

For now, we will reapply extension and see how it goes.

The refusal on extension, at least, will not affect us in short-term if I understand correctly. Our 10 year validity of TRV means (7 years remaining at least), if a future extension application is denied, she can exit and come back to the country for 6 month stays while we figure out the supervisa or wait for the second H&C?

I frankly do not think your mom has a strong H&C case since she has never established herself in Canada. (She wasn't even living in Canada for years before attempting to apply under H&C as many of those parents on supervisa are trying to do)
Supervisa or any other visitor visa will be hard to get approval since she has shown that she wants to live in Canada (not visiting).

 

[ibtee]

Thanks for the feedback. I can certainly respect and appreciate the logical replies by canuck78, scylla and YVR123, which provide me more understanding and information.

I cannot change the past line of actions, as that was based on guidance of the immigration consultant, who did not cover establishing ourselves further with a supervisa before applying H&C, so our main line of action will be to stay in Canada to wait for the H&C application decision and hope for the best outcome.

I will come back to update this chain when I have any development.

 

[canuck78]

Thanks for the feedback. I can certainly respect and appreciate the logical replies by canuck78, scylla and YVR123, which provide me more understanding and information.

I cannot change the past line of actions, as that was based on guidance of the immigration consultant, who did not cover establishing ourselves further with a supervisa before applying H&C, so our main line of action will be to stay in Canada to wait for the H&C application decision and hope for the best outcome.

I will come back to update this chain when I have any development.

Sadly many consultant and lawyers are giving people the false impression that securing H&C will be easy because they often charge a high fee for filing an H&C application. Sadly many lawyers and consultants are also encouraging people to claim asylum when they have with no way to secure PR which is even a worse option than H&C. Many community members are also encouraging people to file an H&C and telling people this is an easy way to secure PR for their parents. While H&C approval was easier in the past it has never been a guaranteed way to circumvent PGP. Yes please keep us updated.