ARCHIVED – Operational Bulletin 357 - December 1, 2011

This document has expired. Please refer to the appropriate Program Delivery Instructions for current information.

Parents and Grandparents Extended Stay Temporary Resident Visa (Super Visa) and Authorized Period of Extended Stay

Summary

Effective December 1, 2011, foreign nationals seeking to visit their Canadian or permanent resident child or grandchild in Canada for an extended period of time may be eligible for long term, multiple-entry visas and an extended authorized stay for a period of up to two years.

Issue

This Operational Bulletin (OB) provides guidance on the eligibility criteria, processing instructions and coding changes in the Global Case Management System (GCMS)/Field Operations Support System (FOSS) relating to the Parents and Grandparents Extended Stay Temporary Resident Visa (TRV) [Super Visa] and Authorized Period of Extended Stay.

Background

On November 4, 2011, Citizenship and Immigration Canada (CIC) announced a temporary pause on all new sponsorship applications of the parents and grandparents category. To counter concerns about the potential impact of this pause, the Ministers of CIC and Public Safety issued Ministerial Instructions respecting the Parents and Grandparents Extended Stay TRV “Super Visa” and the Authorized Period of Extended Stay.

These Instructions were issued in accordance with the ministerial authority found in section 15(4) of the Immigration and Refugee Protection Act (IRPA) and direct officers to consider issuing to eligible parents and grandparents a multiple-entry TRV for up to 10 years, with the status period for up to two years; and to consider authorizing periods of stay for up to two years to eligible applicants coming from visa-exempt countries.

The full text of these Ministerial Instructions can be found on our website.

Eligibility Criteria for a Super Visa

An applicant is eligible for a Super Visa if the applicant has:

• provided proof of the parent or grandparent relationship to the Canadian citizen or permanent resident;
• undergone a medical examination and is admissible on health grounds;
• provided satisfactory evidence of private medical insurance from a Canadian insurance company, valid for a minimum period of one year from the date of entry which:
  • covers the applicant for health care, hospitalization and repatriation;
  • provides a minimum of $100,000 coverage; and
  • is valid for each entry to Canada and available for review by the examining officer upon request; and
• provided a written and signed promise of financial support, e.g. a letter of invitation, from the host child or grandchild for the entire duration the applicant intends to stay in Canada. The letter must be accompanied by evidence of their means of providing such support.
  • This will normally mean details of the number of persons in the host’s household and proof of income at a level meeting or exceeding the Low-income Cut-off (refer to IP 2 – section 5.32) for the total number of persons, including the visiting parent(s) or grandparent(s).

Instructions

When assessing applications for a Super Visa, officers who are satisfied that the applicants meet the eligibility criteria listed above and are otherwise admissible to Canada, should:

Visa Offices Abroad

• issue multiple-entry TRVs for the duration of the validity period of the applicant’s passport less one month, up to a maximum duration of 10 years; or
• issue a single-entry TRV for the duration of six months where a single-entry TRV fee has been paid; or
• issue a letter of introduction, for visa exempt nationals who have submitted an (IMM 5257) application with no fees, for the requested extended stay of up to two years or to the expiry of the applicant’s passport, whichever is less.

GCMS Counterfoil coding: PG-1

Fees, Visa required: Single-entry $75; Multiple-entry $150

Visa-exempt: fee exempt, code 999

Port of Entry (POE)

• consider the applicant to have fulfilled the eligibility criteria for a Super Visa upon presentation of a PG-1 single or multiple-entry counterfoil, or letter of introduction from a visa office abroad, unless new or different information that is pertinent to this decision has become known subsequent to the issuance of that counterfoil or letter of introduction; and
• normally fix the period of authorized stay as two years pursuant to the provisions of S.183 of the Immigration and Refugee Protection Regulations (IRPR) and stamp the applicant’s passport or travel document for a duration of two years; or issue a visitor record in the case of an applicant who is not required to be in possession of a passport, pursuant to S.52(2) of IRPR.

For further clarity, examining officers at a POE should refer to the Canada Border Services Agency OB.

FOSS Special Program Code: PG1

Case Processing Centre - Vegreville (CPC-V) Instructions

Parents and Grandparents already in Canada on temporary resident status at the time of the announcement of the Super Visa may apply for a two year extended stay through CPC-V by submitting an “Application to Change Conditions, Extend My Stay or Remain in Canada” (IMM 1249), along with the appropriate fees and have met all the eligibility criteria listed above.

FOSS Special Program Code: PG1

Officer’s Notes

The introduction of this program is facilitative in nature. Applications received prior to December 1, 2011 should be considered in light of these Instructions if the officer believes the applicant meets all of the eligibility criteria.

If officers are not satisfied that the eligibility criteria for the Super Visa are met and decide to refuse the application, GCMS, FOSS or CPC notes should give detailed reasons for the refusal, and should be related to the eligibility criteria stated in this OB and the admissibility requirements of IRPA.

An applicant who is refused a Super Visa would, in principle, still have access to the regular TRV process if they meet the applicable legislative requirements.

Updates to the OP 11 Manual and to the OB providing further instructions on extensions of a Super Visa and re-entry to Canada are forthcoming.