Visitor Extension Refused Under IRPR 179(b) — Restoration of Status and Judicial Review Options?

[Krish_Canada]

Hello everyone,

I am looking for advice regarding my 84-year-old father's visitor extension refusal and his current immigration status in Canada.

Background and timeline:

• My father entered Canada on April 7, 2024, and has remained in Canada continuously since then.
• He had an approved visitor record authorizing him to stay until December 10, 2025.
• We submitted an application to extend his stay on November 15, 2025, before his visitor record expired.
• The application was refused by IRCC on September 29, 2026, under paragraph 179(b) of the Immigration and Refugee Protection Regulations.
• IRCC emailed us a notification on September 29, 2026. However, I did not notice the email at the time and discovered the refusal when I checked the IRCC website on October 7, 2026.
  
  
  
• Reason for refusal:
  
  According to the refusal letter and officer decision notes, the officer was not satisfied that my father would leave Canada at the end of his authorized stay. The officer noted that my father had already spent a substantial amount of time in Canada and was not satisfied that he continued to meet the requirements of a genuine temporary resident.
  
  I agree, the original purpose of the visit was to visit family. But after my mothers death, his health declined very quickly and he needs care all the time now. He caught up with all the age-related illness including inconitnence, slow and steady decline in memory etc.. I am assisting him to going to washroom and bathing etc..
  
  My options are
  1) To hire an Immigration consultant ( what are the chances of prolonging his stay here? if yes which type of visa?)
  2) To take him to India, apply for super visa and stay with him till he gets his supervisa( which takes ideally 4- 6 months). I have to leave my job and in current situation getting a new job is difficult. During this time , my young spouse and son have to stay here without my support.
  
  What are the chances of explaining my situation to IRCC and convince them to approve my father to stay in Canada with me so that my family dont get affected. Please help!!
  
  Thanks in advance.
  

 

[Copingwithlife]

Hello everyone,

I am looking for advice regarding my 84-year-old father's visitor extension refusal and his current immigration status in Canada.

Background and timeline:

• My father entered Canada on April 7, 2024, and has remained in Canada continuously since then.
• He had an approved visitor record authorizing him to stay until December 10, 2025.
• We submitted an application to extend his stay on November 15, 2025, before his visitor record expired.
• The application was refused by IRCC on September 29, 2026, under paragraph 179(b) of the Immigration and Refugee Protection Regulations.
• IRCC emailed us a notification on September 29, 2026. However, I did not notice the email at the time and discovered the refusal when I checked the IRCC website on October 7, 2026.
  
  
  
• Reason for refusal:
  
  According to the refusal letter and officer decision notes, the officer was not satisfied that my father would leave Canada at the end of his authorized stay. The officer noted that my father had already spent a substantial amount of time in Canada and was not satisfied that he continued to meet the requirements of a genuine temporary resident.
  
  I agree, the original purpose of the visit was to visit family. But after my mothers death, his health declined very quickly and he needs care all the time now. He caught up with all the age-related illness including inconitnence, slow and steady decline in memory etc.. I am assisting him to going to washroom and bathing etc..
  
  My options are
  1) To hire an Immigration consultant ( what are the chances of prolonging his stay here? if yes which type of visa?)
  2) To take him to India, apply for super visa and stay with him till he gets his supervisa( which takes ideally 4- 6 months). I have to leave my job and in current situation getting a new job is difficult. During this time , my young spouse and son have to stay here without my support.
  
  What are the chances of explaining my situation to IRCC and convince them to approve my father to stay in Canada with me so that my family dont get affected. Please help!!
  
  Thanks in advance.

What did you expect , that he could just continue living here ? It was ALWAYS temporary and you should have made plans that eventually he’d have to leave
Your job situation is irrelevant. He returns to India and you get him care there.

What is wrong with people?

 

[canuck78]

Hello everyone,

I am looking for advice regarding my 84-year-old father's visitor extension refusal and his current immigration status in Canada.

Background and timeline:

• My father entered Canada on April 7, 2024, and has remained in Canada continuously since then.
• He had an approved visitor record authorizing him to stay until December 10, 2025.
• We submitted an application to extend his stay on November 15, 2025, before his visitor record expired.
• The application was refused by IRCC on September 29, 2026, under paragraph 179(b) of the Immigration and Refugee Protection Regulations.
• IRCC emailed us a notification on September 29, 2026. However, I did not notice the email at the time and discovered the refusal when I checked the IRCC website on October 7, 2026.
  
  
  
• Reason for refusal:
  
  According to the refusal letter and officer decision notes, the officer was not satisfied that my father would leave Canada at the end of his authorized stay. The officer noted that my father had already spent a substantial amount of time in Canada and was not satisfied that he continued to meet the requirements of a genuine temporary resident.
  
  I agree, the original purpose of the visit was to visit family. But after my mothers death, his health declined very quickly and he needs care all the time now. He caught up with all the age-related illness including inconitnence, slow and steady decline in memory etc.. I am assisting him to going to washroom and bathing etc..
  
  My options are
  1) To hire an Immigration consultant ( what are the chances of prolonging his stay here? if yes which type of visa?)
  2) To take him to India, apply for super visa and stay with him till he gets his supervisa( which takes ideally 4- 6 months). I have to leave my job and in current situation getting a new job is difficult. During this time , my young spouse and son have to stay here without my support.
  
  What are the chances of explaining my situation to IRCC and convince them to approve my father to stay in Canada with me so that my family dont get affected. Please help!!
  
  Thanks in advance.

Realistically you should be exploring options for his care in India. There are concerns that he will not return home and if his health is declining then there is a good chance that a supervisa may also get denied and that his health issues would not be covered by supervisa insurance. The supervisa program was never meant for parents to live longterm in Canada especially as their health declines and they become more frail. Supervisa insurance is renewed annually so most will end up with no coverage of their health conditions because they will become preexisting conditions. The up to 5 year visit on a supervisa has lead to many children viewing this as a longterm option for their parents as they age and as they become more frail while in reality Canada expects and wants parents to return home before they become more frail and have increased medical needs. Many more seniors are getting these visa extension refusals and I wish the Canadian government was more honest that people need to be planning for their parents to age in their home countries. There is going to be a wave of parents becoming undocumented and Canada trying to remove them versus being honest and upfront about the chances of parent sponsorship or the limitations that come with a supervisa.

Would not spend money on hiring an immigration lawyer or consultant. They can not change the fact that your father wants to move to Canada when that isn’t an option. Your plan should be to set-up caregiving in his home or find some sort of nursing facility. Your family may also have to consider moving to India if you want to provide more care in person. Many may suggest applying for H&C but processing takes multiple decades at the moment and does not give you status or prevent removal while you wait for processing. I’ve attempted to remain in Canada without status you should also be prepared to pay out of pocket for any medical care which could end up being hundreds of thousands of dollars.