Starting with some background, my mother has three children, my brother (in New Zealand), I (in Canada: post-graduate work permit) and my sister (she got her study permit approved and planning to come to Canada). My mother does not have a husband and as she doesn't want to be alone, she wants to come to Canada along with her daughter. So far I can read on the website that she can apply for a visitor visa to reunite with an immediate family member for a non-discretionary purpose. I am that immediate family member of her as I am her dependent child, 21 years old. The one thing that I'm not so sure about is that if this qualifies as non-discretionary travel. Please share your advice on this and also if you think she can be eligible for any other program.
Reunion with a temporary family member
- Thread starter remoteInteraction
- Start date
Yes, she can come to Canada under the immediate family exemption. She will need to make a case for why her travel is non-discretionary.
However note that she can only come to Canada as a visitor - she cannot move or live here. So if she is able to visit, sooner or later she will need to return home. Remaining in Canada with her daughter for the duration of the study permit is not a feasible plan. This is moving to Canada and she is not allowed to do that as a visitor. She can certainly visit Canada for several months. But as a best practice (i.e. to avoid issues at the border), she will want to make sure she spends more time in NZ in any given year than in Canada.
Just a clarification there, my mother's home country is India. My brother is living in NZ (temporary resident). So I assume you mean she should spend more time in India than in Canada in any given year.
She'll stay for 4-5 months, from the beginning of her daughter's study in January 2022 and then return back to India in April as my brother will also be returning to India in April for his marriage. Then onwards she'll stay in India (maybe some time in NZ) until I become PR and then I'll invite her again.
Do you think the visa officer can say that if my mother and I want a reunion, it makes more sense that I as a temporary resident should travel and thus my mother's travel is discretionary?
She'll stay for 4-5 months, from the beginning of her daughter's study in January 2022 and then return back to India in April as my brother will also be returning to India in April for his marriage. Then onwards she'll stay in India (maybe some time in NZ) until I become PR and then I'll invite her again.
Do you think the visa officer can say that if my mother and I want a reunion, it makes more sense that I as a temporary resident should travel and thus my mother's travel is discretionary?
Impossible to know if your mother's travel will be viewed. There are also other issues that she will need to overcome. With 2 children in Canada, one in NZ and no spouse she has very little ties to India so there will be concerns that she won't leave Canada. She will have to provide proof of ties to India. The marriage would be a good tie if there are already bookings done, invitations sent out, etc. Has she travelled internationally to countries like the US, UK, NZ, Australia, etc. ? Would add that even if she gets a supervisa she is still only a visitor and is expected to return home at a certain point.
She doesn't have any international travel history but she is the owner of her husband's properties now. Would that be enough proof of ties to India?
Just want to give you a heads up. In case her TRV is approved, currently she will still need written authorization from IRCC for her entry to Canada. (unless the COVID restriction has been lift then). Both you and your sisters are/will be temporary residents. But that may change when she travels.
Impossible to say but she should include proof of her property ownership.
