Super Visa - Can an application for a super visa be processed inside Canada?

Super Visa - Can an application for a super visa be processed inside Canada?

I had a question from a kababayan I met last weekend at a Filipino event. Her parents are visiting their grandchildren in Canada on visitor records. The inviters and the applicants meet all the eligibility requirements for the super visa.

Before I answer the question, let me provide a background on the super visa. It is a multi-entry visa that allows multiple entries for a period of up to 10 years. What is the difference between a regular TRV and super visa? A TRV allows someone to enter/remain in Canada for up to 6 months on initial entry, whereas a super visa allows a stay of up to two years, on initial entry, without having to apply for an extension.

To answer the above question, let us examine section 119(2) of IRPR,

Place of application for temporary resident visa, work permit or study permit – An application for a temporary resident visa – or an application for a work permit or study permit that under these Regulations must be made outside Canada – must be made to an immigration office that serves as an immigration office for processing the type of application made and that serves, for the purpose of the application,
a) the country in which the applicant is present and has been lawfully admitted; or
b) the applicant’s country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

Based on the above, an application for a super visa can be submitted in person or by mail at a visa application centre abroad, or it can be submitted online. An application submitted online is processed based on the applicant’s current country of residence. It is not the applicant’s choice to have his or her application processed at a specific office; rather, the application is processed at a visa office based on where the applicant resides and has been lawfully admitted.

Please note that applicants cannot include dependents on their application for a super visa. Any accompanying dependents would have to apply for a regular TRV.

If you have questions regarding the above article you may contact Marjorie at info@mcncanadaimmigration.com

Source: Immigration and Refugee Protection Regulation (IRPR)

A word of caution: You should not act or rely on the information provided in this column. It is not legal advice. To ensure your interests are protected, retain or formally seek advice from a Regulated Canadian Immigration Consultant (RCIC) in good standing with ICCRC. The views expressed in this article do not necessarily reflect those of RCICs.

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