Canada Permanent Visa & Super Visa for parents

Author: Parminder Singh LL.B (Canada)

Canada permanent visa and super visa under Parents and grand-parents class

PERMANENT VISA

There is a limit of 5000 application per year under parents and grandparents class.

Although it is claimed by the CANADA IMMIGRATION that the quota has been imposed to expedite the processing times, the statistics speak otherwise. According to the posted sources on Canadian Immigration department’s website, from India, it will take a total of 99 months to process Parents and grandparents Canadian PR application, i.e. 46 months in Canada and 63 months in India. The processing times used to be 36 months prior to imposition of quota on parents class.

The applications will be made available on Dec 31, 2014 and the government will start taking applications on January 2, 2015.

The quota of 5000 applications for year 2014 is full now.

The applicant’s sponsor must meet minimum income requirements for 3 years prior to the date of application.  In year 2012, the minimum income for 2, 3, 4, 5, 6 family members was roughly CAN $ 37000, 45000, 55000, 62000, 70000 respectively. This is Low Income Cut off (LICO) for a given year plus 30%.

SUPER VISA

Given all the above depressing data, there is one ray of hope for parents and grandparents who want to join their children in Canada: They can visit their children on Super Visa, which is actually a multiple entry visitor visa for 2 years, which could be granted for 10 years and up to the validity of an applicant’s passport.

The requirements for this visitor visa are as follows:

The applicants must prove that their intention is to live in Canada temporarily. This can be proven by showing that the applicant has more business and family ties to his home country than Canada.

The applicants must have health insurance from Canada. The rates of insurance vary with age group of the applicants and it is normally $300 to $500 per month and it is issued on a yearly basis.

The applicant’s sponsor child must have income as per the size of the family and year of application. In year 2014, the Low Income Cut off (LICO) for 2, 3, 4, 5, 6, family members shall be roughly CAN $ 30000, 36000, 44000, 50000, 56000, 62,000 respectively.

 

Canada Family Class Immigration

FAMILY CLASS [i]

The following members of family class are eligible to apply for Canada PR status:

  1. Spousal class
  2. Parental class
  3. Adoption class
  4. Other Relatives class
  5. Provincial Nominee class

1. SPOUSAL CLASS

Eligibility: An applicant is eligible for immigration to Canada under spousal class,  if he/she is married to or in a common law relationship with a Canadian Citizen or PR of opposite or same sex.

Processing time: It takes 4 to 6 months in India.

2. PARENTAL CLASS

Eligibility: Parents and grandparents of Canadian citizens or PR are eligible for Canada PR under this class. This program is paused at this time. In the meantime, parents are eligible to visit their children on a visitor visa.

Processing time:  3 years in India.

3. ADOPTION CLASS

Adopted children, under the age of 18, of Canadian Citizen or PR are eligible to immigrate to Canada under this class.

Adopted children over the age of 18 are eligible for sponsorship by a Canadian citizen or PR, if the adoption conforms to the laws of both the sponsor’s country and the sponsored person’s country.

4. OTHER RELATIVES

Eligibility: A Canadian citizen or PR can sponsor his/her

  • Sibling, nephew, niece, grandchild, who is orphaned, under 18 years of age and unmarried; or
  • Any other relative, if the Sponsor does not have any living relative listed above and no relatives living in Canada who are Canadian citizens or PR (spouse, child, parents, grandparents, nephews, nieces, uncle and aunt).  A sponsor is allowed to sponsor  one relative only.

Processing time:  Currently in India, it takes 61 months.

5. PROVINCIAL NOMINEE CLASS (FAMILY STREAM)

The Provincial Family class stream allows siblings, cousins, nephews, nieces, and friends, while Federal Family Class Program only allows spousal and parental sponsorship for Canada PR Status.

Parminder Singh LL.B (Canada), Singh & Associates-Lawyers

 REFERENCES

Immigration and Refugee Protection Act Regulations

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/index.html

Regulations R-75, 86, 87, 87.1, 87.2, 88, 90, 97, 100, 116, 138


[i] R116: Family Class