Immigration Corner | I want my mother to help me with my kids in Canada

Dear Ms Powell,

I am a Canadian citizen and I would like my mother to come to Canada and help me with my kids. What are my options for her to come to Canada? Can she visit and then stay? What are the documents I would need to submit? Will she be able to help me with the kids, or will she need a work permit? What is the cost? Can you please explain my options? Thank you.

LP

Dear LP,

Canadian citizens and permanent residents have various options open to them for their parents, which is part of Canada’s policy to promote family unification. There are three main options for you, and you should choose the option that best meets your needs based on the length of time that you would like your mother to remain in Canada.

VISITOR VISA (TEMPORARY RESIDENT VISA) APPLICATION

The Temporary Resident Visa (TRV) is a visa which grants your mother permission to stay in Canada for six straight months without having to leave Canada. This is the standard visitor’s visa that most individuals get. The visa may be a single entry, or multiple entries for up to 10 years.

The visa may have an expiry date of five years from the date of issue. However, this does not mean that your mother is permitted to stay in Canada for the entire time until the visa has expired, or beyond six months. Your mother must pay attention to the departure date stamped, or if there is no stamp, she is expected to depart before the expiry of six months from the date of entering Canada.

The standard length of time a visitor is allowed to remain in Canada is six months. If for a particular reason you would like your mother to remain in Canada beyond the allotted time, she will need to submit an online application to change conditions or extend her stay in Canada. This application should be submitted at least 30 days before the expiry of the six months, or the date stamped in the passport. If she delays in making the application to extend the time, she may apply for restoration of status, provided that 90 days has not yet passed since the expiry of the visitor visa.

Another key factor to note is that an officer may allow your mother to stay for less or more than six months by stamping a date in her passport, or by giving her a visitor record document. You must pay attention to the date stated, as that will be date by which your mother is expected to leave Canada, unless she applies for an extension.

The typical documents required when applying for a TRV are those to prove that you have a strong connection to your home country that would motivate you to return at the end of the time permitted. Most importantly, you must have a strong financial background which shows that you can afford the trip and will not flaunt the rules by working without a permit.

The standard documents are a scanned copy of the passport, a letter of invitation, proof of travel history, proof of relationship, details of family members, bank statement, proof of assets, employment letter, marriage certificate or statutory declaration of common-law relationship. These are just some of the documents. You should submit the required documents based on the finer details of your case. I recommend that you schedule a telephone or online meeting to discuss the additional information that may be required.

PARENTS AND GRANDPARENTS SUPER VISA

The Parents and Grandparents super visa is one which allows a parent or grandparent to visit and remain in Canada for extended period without having to leave or apply for extension of time. Your mother must apply for this visa while she is in her home country.

This visa permits your mother to visit for five years at a time, and she may also apply for another two-year extension of time while remaining in Canada. This visa therefore can authorise your mother to remain in Canada for up to seven straight years, without leaving Canada.

Your mother will need all the other documents mentioned before under the TRV, plus she will need a letter from you, promising that you will be financially responsible for her for the duration of her visit to Canada.

Additionally, she must pass all medical and security tests, and she must have medical insurance that meets the requirement as issued by Immigration, Refugee and Citizenship Canada (IRCC). The medical insurance must be valid at least one year from the date of entry to Canada. The coverage must be from one of the approved insurance companies, and the insurance must provide at least $100,000 in emergency medical coverage.

You, as the child in Canada, must provide a letter of invitation that includes a pledge of support, proof of relationship, and proof that you meet the requirements to financially support her for the duration of her visit. Your mother will not be allowed to work in Canada without a work permit under the supervisa. If she is just helping to care for her grandchildren without compensation or employment contract, then she would be permitted. However, if you are paying her, or she is planning to work outside the home, then she must apply for a separate work permit, or you would need to sponsor her to live permanently.

You can sponsor your mother to live permanently in Canada if you qualify to be a sponsor and your mother can meet the requirements. This application is a two-step process, as you will first be required to submit an ‘interest to sponsor’ online application when the portal opens. If you are one of the lucky people selected, the next step will be to upload all the required documents within the time required to show that you and your mother meet the eligibility requirements.

You will be required to clearly demonstrate that you meet the financial requirements of a sponsor, and that your mother can meet the medical and security requirements. The sponsorship application fee for a sponsorship application is the most expensive, as you will need to submit sponsorship, principal application and right of permanent residence fee. Currently, sponsorship application fee is a total of CDN$1,080; while a standard visitor visa and supervisa is only CDN$100 each, plus biometrics fees, if applicable. These fees are subject to change.

If your mother is granted permanent resident status, she will be permitted to work in Canada without a work permit, as that is one of the rights of permanent residents. After a few years, she may also apply for Canadian citizenship, which grants her authorisation to hold a Canadian passport and to vote.

Deidre S. Powell is a lawyer, mediator, and notary public in Canada. You may connect with her via Facebook, Instagram or WhatsApp/ call 613-695-8777.