IRCC Instruction Brief: Temporary Residents – Super Visa

The Minister of Immigration, Refugees and Citizenship and the Minister of Public Safety have given Ministerial Instructions regarding the Parent and Grandparent Super Visa (also known as the Super Visa).

The Super Visa is a multiple-entry temporary resident visa (TRV), issued with a validity of up to 10 years. The period of authorized stay is 5 years for each entry. These Ministerial Instructions were issued in accordance with the ministerial authority found in subsection 15(4) of the Immigration and Refugee Protection Act (IRPA) and took effect on September 15, 2023.

Reference link:

• Guide: Super Visa for Parents and Grandparents

Eligibility criteria and documentation requirements

The Super Visa offers eligible parents and grandparents of Canadian citizens and permanent residents the possibility of visiting Canada for 5 years on each entry.

An applicant is eligible for a Super Visa if they apply from outside Canada, meet the requirements for temporary residence in Canada as a visitor and provide the additional supporting documentation demonstrating that they meet the requirements in the Ministerial Instructions.

Eligible host and co-signer

Proof of an eligible host includes the following:

• proof of the applicant’s relationship to the host, which may include
  • a copy of the child’s or grandchild’s birth certificate
  • a copy of the child’s or grandchild’s baptismal certificate
  • another official document naming the applicant as the parent or grandparent
• proof of the host’s status in Canada which may include
  • a copy of their Canadian citizenship
  • a copy of a permanent resident document
• proof that the host is 18 years of age or older and resides in Canada
• proof that the host meets or exceeds the minimum necessary income, based on Statistics Canada’s low income cut-offs (LICO)

Only biological or adopted children may invite their parents or grandparents. They may also invite the spouse or common-law partner of their parent or grandparent.

Foreign national with a host who is a Registered Indian

A Super Visa application may include a host child or grandchild who is a registered Indian. In such cases, officers should process the Super Visa application as usual and should not require additional proof of Canadian citizenship or permanent residence in Canada from the host; the Certificate of Indian Status is the only proof required to prove that the host is a person registered under the Indian Act. Should all the requirements for a Super Visa be met, officers should issue a Super Visa, which allows for a stay of 5 years for each authorized entry.

A spouse or common-law partner of the host may co-sign the letter of invitation. Proof of an eligible co-signer (if applicable) should include the following:

• proof of the co-signer’s relationship to the host
• proof of the co-signer’s status in Canada, which may include
  • a copy of their Canadian citizenship; or
  • a copy of a permanent resident document
• proof that the co-signer is 18 years of age or older and resides in Canada

The co-signer may provide proof of income, to be combined with the host’s income, in order to demonstrate that the minimum necessary income is met or exceeded.

Medical admissibility

The applicant must provide

• proof of submitting to an immigration medical exam
• proof of being admissible to Canada on health grounds as per A38.

Health insurance policy

The applicant must provide satisfactory evidence that they have valid health insurance from a Canadian insurance company or an insurance company outside Canada that is approved by the minister of Immigration, Refugees and Citizenship.

The health insurance policy should

• be valid for a minimum of 1 year from the date of entry
• cover the applicant for health care, hospitalization and repatriation
• provide a minimum of $100,000 emergency coverage
• be valid for each entry to Canada, and
• be available for review by the border services officer on request

The officer should be satisfied that the applicant has the appropriate health insurance policy for a full year on each entry (initial and subsequent), regardless of the applicant’s method of payment (for example, payment in full or instalments with a deposit). Quotes are not accepted.

Letter of invitation

The applicant must provide a letter of invitation written and signed by the host child or grandchild. An eligible spouse or common-law partner of the host may co-sign the letter of invitation to have their income count toward the minimum necessary income.

The letter of invitation and accompanying documentation must include

• a promise of financial support for the applicant for the length of the authorized stays
• a list of all individuals to be included in the family size calculation to assess if the host meets or exceeds the minimum necessary income

Letter of invitation for visitors to Canada

Sometimes, when you apply for a visa to visit Canada, we ask you to give us a letter of invitation from someone in Canada.

A letter of invitation doesn’t guarantee that we’ll issue a visa. Visa officers assess you to decide whether you meet the terms of Canada’s immigration law.

Information for the person writing the letter of invitation

Writing a letter of invitation doesn’t mean you’re legally responsible for the visitor once they enter Canada. You should still write the letter in good faith. You must tell the truth and plan to keep the promises you make in the letter.

Send your letter to the person you’re inviting to Canada. The person must then include this letter when they apply for a visitor visa (also called a temporary resident visa).

You should include this information about the person you are inviting:

• complete name
• date of birth
• address and telephone number
• your relationship to the person
• the purpose of the trip
• how long the person plans to stay in Canada
• where the person will stay, and how he or she will pay for things
• when the person plans to leave Canada

You should include this information about yourself:

• complete name
• date of birth
• address and telephone number in Canada
• job title
• whether you are a Canadian citizen or a permanent resident
• a photocopy of a document proving your status in Canada, such as
• a Canadian birth certificate, if you were born in Canada
• a Canadian citizenship card, if you are a naturalized citizen
• a copy of your PR card or your IMM 1000 proof of landing (if you are a permanent resident)
• a Secure Certificate of Indian Status or Certificate of Indian Status (status card)
• details of your family, such as names and dates of birth of your spouse and dependants

If you’re writing a letter of invitation for a super visa
Your letter of invitation for your parent or grandparent must include

• a promise of financial support for the duration of their visit
• the list and number of people included in the family size calculation

Minimum necessary income

In order to determine the host’s ability to financially support the applicant for the length of the authorized stays, the host must provide proof that they meet or exceed the minimum necessary income, which is based on Statistics Canada’s low income cut-offs (LICO). Acceptable documents include

• the last Notice of Assessment (NOA) issued by the Minister of National Revenue (CRA);
• T4 or T1 for the last tax year
• pay stubs for the most recent 12 month period available
• Employment Insurance benefit statements
• a letter from an accountant confirming the annual income, if self-employed
• proof of other sources of income (for example, pension statements)
• an original letter from the employer stating the job title, job description and salary
• bank statements

Calculating family size

The following individuals must be included in the family size count for the minimum necessary income:

• host
• host’s spouse (which might include a separated spouse, See foodnote1) or common-law partner
• dependent children of the host and of the host’s spouse or common-law partner (including dependent children of any dependent children)
  • Children who meet the definition of a dependent child must be included in the count, regardless of custody and child support arrangements.
• the Super Visa applicant and any other Super Visa applicant applying at the same time (such as the Super Visa applicant’s spouse or common-law partner)
• previously approved Super Visa applicants
  • These are any valid Super Visa holders for whom the host or the host’s spouse or common-law partner has signed or co-signed a letter of invitation.
• previously sponsored individuals
  • These are individuals the host or co-signer has previously sponsored (or acted as a co-signer for) for whom the duration of the undertaking remains in effect.
  • It also includes their family members, whether or not they were included in the undertaking.

Since the Super Visa is a temporary resident visa, the family members of the Super Visa applicant are not included in the family size count for the purpose of meeting the minimum necessary income. This is different from the family size count to sponsor a member of the family class.

Food Note 1：

How to count family size with separated spouses

In the case of a principal applicant who is separated from their spouse, the principal applicant’s separated spouse is considered a “family member”, as per paragraph R1(3)(a), since they are still legally married until they are divorced. However, it should be noted that there could be situations in which subparagraph R5(b)(ii), which details excluded relationships, applies to a foreign national (i.e. the principal applicant). A separated spouse of a foreign national must be counted for the calculation of the MNI unless the spouse has lived separate from the foreign national for at least one year and is the common-law partner of another person. For clarity, either the foreign national (i.e. the principal applicant) or their separated spouse may be the common-law partner of another person.

For sponsors who have a separated spouse, a person who is married to another person will continue to be the “spouse” of that person within the meaning of subsection R132(5) until such time that a divorce granted in Canada under the Divorce Act takes effect or, if the divorce was granted outside of Canada by a competent authority, it is recognized pursuant to the Divorce Act. For these reasons, separated spouses of sponsors who are permanent residents of Canada or Canadian citizens must be included in the family size count when assessing if the sponsor meets the income requirement for family class applications. If the sponsor’s separated spouse is a foreign national, an officer should assess whether subparagraph R5(b)(ii) applies.

If a sponsor is separated from their spouse, and their spouse is a permanent resident of Canada or a Canadian citizen but is also in a common-law relationship with another person, their spouse’s common-law partner does not count toward the family size count. For clarity, the separated spouse counts toward the family size count, but the separated spouse’s common-law partner does not.