Ministerial Instruction regarding the Parent and Grandparent Super Visa

An additional Ministerial Instruction was issued on December 1, 2011, to introduce the Parent and Grandparent Super Visa. The Super Visa is a temporary resident multiple entry visa with a duration of up to ten years that will allow applicants to remain in Canada for up to 24 months without the need for renewal of their status.

Background

On November 5, 2011, a temporary pause on the acceptance of applications for sponsoring parents and grandparents as permanent residents was introduced as part of a broader Action Plan for Faster Family Reunification. In conjunction with this Action Plan, instructions are hereby made to:

• facilitate multiple entry and longer term stays for Temporary Resident Visas (TRVs) issued to applicants who require a TRV to visit their child or grandchild who is a citizen or permanent resident of Canada; and
• facilitate authorized stays of longer duration for those coming from visa-exempt countries.

These instructions support the issuance of a multiple-entry TRV for durations of up to ten years, and periods of authorized stay for each individual entry extending up to two years.

These instructions are issued in accordance with ministerial authority found in section 15(4) of the Immigration and Refugee Protection Act (IRPA) and have been prepared in such a way as to promote consistency towards all affected applicants across all points of service, including visa offices, Ports of Entry (POE) and in-Canada Case Processing Centres.

Instructions

Pursuant to the authority found in section 15(4) of the IRPA, I, Jason Kenney, Minister of Citizenship and Immigration, and I, Vic Toews, Minister of Public Safety, hereby issue the following Instructions:

Before Entry: Officers are instructed, when assessing applications for TRVs made by foreign nationals seeking to visit their Canadian or permanent resident child or grandchild in Canada for an extended period of time, that if they are satisfied that the applicant may be issued a TRV and that the applicant meets the eligibility criteria for a Parents and Grandparents Extended Stay Visa (to be known as a “Super Visa”) set out below, they should issue a multiple-entry TRV for the duration of the validity period of the applicant’s passport less one month, up to a maximum duration of ten years. In order to receive a Parents and Grandparents Super Visa, the applicant must, in addition to meeting all legislative requirements for a TRV, meet the following eligibility criteria:

• Have undergone a medical examination and be admissible on health grounds;
• Have provided satisfactory evidence of private medical insurance; and
• Have provided satisfactory evidence of financial support from the host child or grandchild for the duration of their requested stay.

Where the applicant meets the eligibility criteria for a Super Visa and is otherwise admissible to Canada, but only seeks a single-entry visa and has only paid the single-entry fee, the applicant should be issued a single-entry visa. The examining officer at the POE should treat such a visa as a Parents and Grandparents Super Visa for the purpose of fixing the period of authorized stay.

At Port of Entry: When a foreign national who seeks to visit his or her Canadian citizen or permanent resident child or grandchild for an extended period of time arrives at the POE, is a holder of a Parents and Grandparents Super Visa and continues to meet the eligibility criteria set out above, and is otherwise admissible for temporary residence, the examining officer should normally fix the period of authorized stay as two years pursuant to the provisions of section 183 of the IRPR.

Foreign nationals who seek to visit their Canadian citizen or permanent resident children or grandchildren for an extended period of time, and who do not require a TRV to enter Canada, will be advised by IRCC to contact a Canadian Mission abroad before departing for Canada to request a letter confirming that they have met the eligibility criteria set out above. Upon presentation of this letter at the Port of Entry, the examining officer should normally fix the period of authorized stay as two years pursuant to the provisions of section 183 of the IRPR if the applicant continues to meet the eligibility criteria set out above and is otherwise admissible for temporary residence.

These Instructions come into force on December 1, 2011.