Categories
Canadian Immigration Super Visas

Family Immigration to Canada: A Look at 2023 and Beyond

In late 2022, the 2023-2025 Immigration Levels Plan was released and provided details on Canada’s plan for immigration in the coming years. Immigration to Canada through permanent resident admissions is expected to increase through 2025 in all permanent resident categories, including Express Entry, Provincial Nominee Programs, family, refugees and protected persons, and humanitarian and compassionate grounds.

When comparing the January 2023 immigration data against January 2022, the numbers show that Canada has welcomed over 40% more permanent residents into Canada. With these numbers expected to increase, it is important to understand what options are available to families who are looking to immigrate to Canada.

Family Immigration

The 2023-2025 Immigration Levels Plan accounts for 106,500 permanent residents to be admitted to Canada in 2023 through the family immigrant category. This number is set to increase each year.

Since the beginning of 2023, Canada has welcomed over 13,000 new permanent residents as part of family sponsorship for spouses and children and through the Parents and Grandparents Program. The Super Visa, spousal and child sponsorship, and the Parents and Grandparents Program are some of the immigration options that allow for Canadian citizens and permanent residents to bring their family members to Canada for extended periods.

Super Visa

The Super Visa is a multi-entry visa that allows the parent or grandparent of a Canadian citizen or permanent resident to stay in Canada for up to five years at a time. The Super Visa used to allow for the holder to stay in Canada for up to two years, but the length of stay was extended to five years on July 4, 2022.

The holder of a Super Visa to Canada gains entry to Canada but not permanent residence. However, there are distinct advantages to obtaining a Super Visa instead of a regular visitor visa for those visiting Canada. The Super Visa allows for holders to stay in Canada for two years before having to apply for an extension. In contrast, standard visitor visas require the holder to apply for an extension every six months. This not only saves the applicant time and money but also provides a greater sense of certainty to the holder with respect to how long they can remain in the country.

Super Visa requirements

While the Super Visa has clear benefits, it also has some drawbacks. The Super Visa is better for the visa holder compared to a regular visitor visa, but this makes it harder to obtain. Therefore, if a parent or grandparent wants to visit Canada for a period that will be less than six months in duration, it is advisable to apply for a standard Canadian visitor visa.

To be eligible for a Super Visa, applicants must meet certain requirements, which includes having:

  • a child or grandchild who is a Canadian citizen or permanent resident and is willing to act as a sponsor;
  • the sponsor must provide proof of Canadian citizenship or permanent residence;
  • the sponsor must provide a letter promising that they have adequate financial resources to support the applicant for the duration of their visit;
  • the sponsor must provide a list of all people residing in their household; and
  • the applicant must have medical insurance that is fully paid for and approved through a Canadian insurance company that is valid for at least one year from when the applicant enters Canada and provides at least $100,000 of coverage for health care, hospitalization and repatriation.

Applicants must apply for the Super Visa from outside of Canada. The applicant must take an immigration medical exam and be otherwise admissible to Canada. In consideration of a Super Visa application, Immigration, Refugees and Citizenship Canada will also consider factors such as:

  • the applicant’s ties to their home country;
  • the purpose of their visit to Canada;
  • their family and finances; and
  • the overall economic and political stability of their home country.

Parents and Grandparents Program

The Parents and Grandparents Program is a sponsorship program that allows Canadian citizens and permanent residents to sponsor their parents or grandparents for permanent residence in Canada rather than for a visit period with a defined end. A parent or grandparent who has been successfully sponsored will gain permanent residence and can later apply for Canadian citizenship.

To be eligible for the Parents and Grandparents Program, sponsors must meet certain requirements, which include:

  • demonstrating that they have sufficient income to support their sponsored family member; and
  • showing that they have adequate accommodations for their family member.

Sponsored family members must also meet certain requirements, including:

  • demonstrating that they have a good relationship with their sponsor; and
  • proving that they are not otherwise inadmissible to Canada.

This program has a large backlog of applications, as Immigration, Refugees and Citizenship Canada last accepted applicants who submitted their forms in 2020 through a lottery in October 2022. Currently, there is a large pool of potential sponsors who are waiting for their applications to be accepted. This program may open up to more applicants in the future, which will be a beneficial option for Canadian permanent residents and citizens to bring their parents and grandparents to Canada.

Family Sponsorship

Sponsorship of spouses and dependent children allows Canadian citizens and permanent residents to bring their family to Canada to become permanent residents. In family sponsorship, common-law partners are included in the definition of “spouse.” Dependent children includes children who do not have a spouse or common-law partner and are 22 years old or younger at the time the application is received.

Other family members can be sponsored, such as siblings, nephews, nieces, and grandchildren, provided they are:

  • related to the sponsor by blood or adoption;
  • both biological parents are no longer alive;
  • they are under 18 years old; and
  • they are single.

When making a sponsorship application, it is important to show that the sponsor can financially support all the people they are sponsoring in order to have the application approved.

Bringing Family Members to Canada

Overall, many options are available to individuals who wish to bring family members to Canada to visit or reside on a permanent basis. It is important for those who want to bring their family members to Canada to consider which application is best suited for their particular family circumstances. It is also important to ensure that the application is as accurate as possible to give it the best chance of succeeding.

Contact the Lawyers at Garson Immigration Law for Assistance with Canadian Family Immigration Applications

The experienced immigration lawyers at Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. To ensure your immigration application is positioned for success, we will work with you to find an effective solution for your immigration needs. If you have questions regarding family immigration, do not hesitate to contact us online or by phone at 416-321-2860.

Categories
Canadian Immigration Canadian Immigration News Super Visas

Super Visa Changes Set for Later this Summer

On June 7, Immigration, Refugees and Citizenship Canada announced that some changes are coming to the Super Visa program later this summer. Canada issues approximately 17,000 super visas a year, making the super visa a popular option for family reunification in Canada.

What is a Super Visa?

The super visa is a visa for parents and grandparents of Canadian citizens and permanent residents. It works differently than a standard visitor visa, as visitor visas only entitle the holder to stay in Canada for a maximum of six months before the holder needs to renew their status. Currently, the super visa allows the holder to remain in Canada for up to two years before the holder needs to reapply. As a result of the extended period in which the holder is permitted to stay in Canada when compared with a regular visitor visa, the super visa is an effective option for parents or grandparents who wish to join their children or grandchildren for a prolonged stay in Canada.

Super Visa Eligibility

There are a number of conditions that must be met in order for an applicant to qualify for a super visa. Applicants must satisfy the following minimum requirements in order to qualify:

  • The Applicant must be the parent or grandparent of a Canadian citizen or a permanent resident of Canada;
  • The Applicant’s child or grandchild who is a resident in Canada must provide a letter including:
    • a promise that the applicant will have adequate financial support for the duration of their visit;
    • a list of people in the household of the person providing the letter; and
    • a copy of their Canadian citizenship or permanent resident document.
  • The Applicant must have fully paid and approved medical insurance from a Canadian insurance company that:
    • is valid for at least 1 year from the date of entry; 
    • provides at least $100,000 of coverage; and
    • proof that medical insurance has been paid (quotes are not acceptable).

The above requirements must be provided accurately, or extensive delays, or even rejection of an applicant can occur. Super visas also must be applied for from outside of Canada. Further, Applicants need to be otherwise admissible to Canada, which means the applicant cannot have a poor health record or criminal record that would make them inadmissible to Canada. Applicants must also take an immigration medical exam in order to apply for a super visa.

For the financial support requirement, the government accepts certain forms from the applicant’s child or grandchild as proof of the minimum necessary income required in order to make a super visa application. Some of the documents that can be used as proof are Notice of Assessment (NOA) or T4/T1 for the most recent tax year, employment Insurance stubs, employment letter including salary and date of hiring, pay stubs, or bank statements.

Immigration, Refugees and Citizenship Canada also takes a few more factors into consideration when considering an application. They want to ensure that the applicant is a genuine visitor who will leave Canada by choice at the end of their visit. The factors that are taken into consideration are the Applicant’s ties to their home country, the purpose of their visit, their family and finances, and the overall economic and political stability of the Applicant’s home country. The factors are considered with the requirements set out above by Immigration, Refugees and Citizenship Canada in making a decision on an application. 

Upcoming Super Visa Changes

Immigration, Refugees and Citizenship Canada announced some changes to the super visa program that it is referring to as enhancements. The changes will come into force on July 4, 2022 and should make it even easier for Canadians to reunite with their parents and grandparents in Canada. 

On July 4, super visa holders will have the option to increase their length of stay to five years per entry into Canada. People who have a super visa will have the option to request to extend their stay by up to two years at a time while in Canada. These changes will allow holders of the visa to remain in Canada longer under a single visa when, as the length of stay has been increased from two years to five years.

Another change set to take place on July 4, is a change to make it easier for applicants to obtain approved medical insurance for their application. After July 4, the Minister of Immigration, Refugees and Citizenship will be able to designate international medical insurance companies that can provide coverage for super visa applicants. Currently, applicants can only obtain insurance through Canadian insurance companies, so expanding the number of ways by which applicants can obtain medical insurance should make the application process easier. Allowing applicants to obtain insurances from medical insurance companies outside Canada could also provide opportunities for applicants to save money on their policy, increasing the number of options available for applicants.

Overall, the changes being made should make the super visa program more attractive to potential applicants, and will make the application process easier for those potential applicants. The changes will benefit Canadians by allowing for more family reunifications and allowing those family members who take advantage of the program to remain in Canada for a longer period of time. Based on the changes, there will likely be an uptick in the number of applications for super visas. 

Thinking of Applying for a Super Visa? Garson Immigration Law in Toronto Can Help

Garson Immigration Law is a firm exclusively dedicated to the practice of immigration law. We successfully guide clients through the immigration process and regularly work with clients looking to obtain a Canadian super visa. We will work to find an effective solution for your individual immigration needs and ensure you are positioned for success with respect to your application. 

If you have any questions about whether you will be able to travel or about the circumstances of an immigration application during these uncertain times, do not hesitate to reach out to us online or by calling us at 416-321-2860.