Applying from Hong Kong Questions!!!(((Spousal and dependent child)))

[canuck_in_uk]

Both of my children have the eTA, we did it before the new rules for dual citizens having to have their Canadian passports came out.

It has been stated that Canadian citizens don't qualify for eTAs from when it was first rolled out.

I don't imagine that anything will happen as a result.

 

[canadianmepls]

Hi

1. Yes, as per the checklist, you must provide your birth certificate.

2. Yes, you can apply outland and then come to Canada as a visitor while the PR app processes.

When you come to Canada, you need to update your address. IRCC will send your COPR to your Canadian address.


As your first child is Canadian, I'm going to assume that your second child is Canadian as well. Canadian children cannot be included as dependents in your application. The child also can't travel to Canada on their foreign passport, as Canadian citizens don't qualify for eTAs. You need to apply for their Certificate of Citizenship app ASAP. If the child is under the age of 2, you can apply concurrently for a limited validity Canadian passport.

Hi again,

I've figured out about the eTA, we went to Canada with eTA before the government announced the new rule about people with dual citizenship have to have their Canadian passports.

Anyway. I've got other questions on the spousal sponsorship now!

So I've mailed the package and the mail tracking tells me CPC Mississauga has received it on May 2.
But I haven't got any email yet about the application.
You've mentioned before saying I can go to Canada as a visitor while my PR app processes.
The problem now is we have purchased one-way tickets. My husband and 2 kids are Canadian. Is the immigration going to let me stay in Canada without me getting a return ticket? Btw I am applying for a US visa just incase I have to leave Canada and re enter.
Some say that would be dual intent, what should I do?

Thanks!

 

[canuck_in_uk]

So I've mailed the package and the mail tracking tells me CPC Mississauga has received it on May 2.
But I haven't got any email yet about the application.
You've mentioned before saying I can go to Canada as a visitor while my PR app processes.
The problem now is we have purchased one-way tickets. My husband and 2 kids are Canadian. Is the immigration going to let me stay in Canada without me getting a return ticket? Btw I am applying for a US visa just incase I have to leave Canada and re enter.
Some say that would be dual intent, what should I do?

It generally takes at least a few weeks to hear anything.

You should be fine entering with a one-way ticket. With a sponsorship app in process and your Canadian family with you, there should be no issues entering. There is no need to go to the US at any point; if your visitor status is going to expire before the PR app is approved, you can simply apply inline to extend your status; this is less risky than doing a border run. You will be entering with dual intent, as you are coming as a visitor while also applying to stay permanently; there is nothing wrong with doing that.

 

[canadianmepls]

It generally takes at least a few weeks to hear anything.

You should be fine entering with a one-way ticket. With a sponsorship app in process and your Canadian family with you, there should be no issues entering. There is no need to go to the US at any point; if your visitor status is going to expire before the PR app is approved, you can simply apply inline to extend your status; this is less risky than doing a border run. You will be entering with dual intent, as you are coming as a visitor while also applying to stay permanently; there is nothing wrong with doing that.

Thank you. So how do I proof I have the PR app filed if it's not been approved yet?
Did you mean I can apply my visa extend online?
And what happens next once my PR app is approved? What happens to my visitor status? Do I have to do something?

 

[cheng9999]

Thank you. So how do I proof I have the PR app filed if it's not been approved yet?
Did you mean I can apply my visa extend online?
And what happens next once my PR app is approved? What happens to my visitor status? Do I have to do something?

Each case varies, and you can find a lot of comments in this forum. The bottom line is it is up to CBSA to let you in or not. It's been said some people have no problems holding a 1-way ticket is fine.

My own opinion is that having a 2-way ticket is a very strong sign to CBSA that you understand dual-intent, and importantly that your intention is not to stay and understand that you are a visitor. That you intend to leave within a period of time (by definition, that's what a visitor is). You can of course explain that your plans are not fixed which is why you have a 1-way ticket, and that you will buy a ticket from Canada. Again, it's up to the CBSA officer.

If you have not bought the ticket yet, why not buy 2-way? First of all, it's cheaper than a 1-way. If you end up not using it, just cancel the trip and let the ticket lapse. Honestly, it just raises one less question.

When you come in, you say you are visiting, that you have PR application in process. Reason why you are visiting is that your family is moving back first to prepare eventual unification of everyone, and you just want to have a few months to be with the family during this time, and return to HK in 5-6 months to prepare your own move. This also shows CBSA that you have a reason to return to HK, and not stay (again, definition of a visitor, one who enters and leaves).

Then, as with things in life, plans change, so you need to extend beyond 6 months, and so you need to extend visitor status. That's fine. The key is that you want to get in the door, and the more reasons you give the CBSA to suspect that you do not intend to leave, the more problem you may have. Unless you get a nice CBSA officer who gives you more than 6 months (some US posters here say that CBSA gave them 12 months right away) because you are waiting for your PR, don't count on the officer to be nice. The dual-intent is a very delicate thing, and very easy to slip off that delicate balance if your words do not come out the way you intended.

When you enter as a visitor, unless it states explicitly a validity, the normal entry is 6 months. You usually get a stamp. Others in the forum have said that about 1 month before the 6 months is up, you submit an application which can be done online to extend that visitor status. During the time your application is being processed, even if it goes beyond your 6 months, you are still in status until the application is concluded.

Oh, if you are in Canada when your PR is approved, meaning you get COPR, you are not PR yet. Meaning you are still visitor...so don't let your visitor status expire.

You just drive down to the US border and turn around to land. What people call flagpole.

Good luck.

 

[canuck_in_uk]

Thank you. So how do I proof I have the PR app filed if it's not been approved yet?
Did you mean I can apply my visa extend online?
And what happens next once my PR app is approved? What happens to my visitor status? Do I have to do something?

You can show the sponsor approval or the fee receipt. They should be able to look up your app in the system by that point.

Yes, you can easily extend your visitor status online.

When your PR app is approved, you have a few options: go to the Canada-US border to flagpole, make an appointment at a local IRCC office to land (can take weeks or months) or actually leave Canada and land when you return.

 

[canuck_in_uk]

When you come in, you say you are visiting, that you have PR application in process. Reason why you are visiting is that your family is moving back first to prepare eventual unification of everyone, and you just want to have a few months to be with the family during this time, and return to HK in 5-6 months to prepare your own move. This also shows CBSA that you have a reason to return to HK, and not stay (again, definition of a visitor, one who enters and leaves).

Then, as with things in life, plans change, so you need to extend beyond 6 months, and so you need to extend visitor status. That's fine. The key is that you want to get in the door, and the more reasons you give the CBSA to suspect that you do not intend to leave, the more problem you may have. Unless you get a nice CBSA officer who gives you more than 6 months (some US posters here say that CBSA gave them 12 months right away) because you are waiting for your PR, don't count on the officer to be nice. The dual-intent is a very delicate thing, and very easy to slip off that delicate balance if your words do not come out the way you intended.

CBSA isn't stupid. They know that when people come to Canada with their Canadian family and have a sponsorship app in process, they don't plan on leaving. There is no need to lie about returning to her home country. CBSA is very lenient with people in this situation, as they can see that the person is following the rules to live legally in Canada and isn't really an overstay risk.

 

[cheng9999]

CBSA isn't stupid. They know that when people come to Canada with their Canadian family and have a sponsorship app in process, they don't plan on leaving. There is no need to lie about returning to her home country. CBSA is very lenient with people in this situation, as they can see that the person is following the rules to live legally in Canada and isn't really an overstay risk.

That may well be true. However, there's a fine line from CBSA knowing what you may do, and being blatant about it and give him/her the smoking gun. It's a fine dance.

In the end, let's not downplay this situation as zero risk, because it isn't.

Ultimately, it's up to the OP to take the most appropriate action for herself, and I wish her the best of luck.

Having been in that position myself to contemplate how to address the situation, I chose to be more conservative, because the negative outcome no matter how small the chance would have been utterly devastating to the family.

 

[canuck_in_uk]

That may well be true. However, there's a fine line from CBSA knowing what you may do, and being blatant about it and give him/her the smoking gun. It's a fine dance.

In the end, let's not downplay this situation as zero risk, because it isn't.

Ultimately, it's up to the OP to take the most appropriate action for herself, and I wish her the best of luck.

Having been in that position myself to contemplate how to address the situation, I chose to be more conservative, because the negative outcome no matter how small the chance would have been utterly devastating to the family.

You're hyping the situation as much more risky than it is. There is pretty much no chance OP will be refused entry with a sponsorship app in process and her Canadian children and husband entering with her.

Having also been in that situation, we basically told CBSA that my partner was moving to Canada at that point and had cut all ties with the UK. The officer confirmed we had a sponsorship app in the system, asked how much money we had, told my partner not to work until PR and sent us on our way.

 

[canadianmepls]

You're hyping the situation as much more risky than it is. There is pretty much no chance OP will be refused entry with a sponsorship app in process and her Canadian children and husband entering with her.

Having also been in that situation, we basically told CBSA that my partner was moving to Canada at that point and had cut all ties with the UK. The officer confirmed we had a sponsorship app in the system, asked how much money we had, told my partner not to work until PR and sent us on our way.

I appreciate everyone's point of view and suggestions.
I agree with you uk. I don't think there will be a problem, we have money, Canadian family, a place to live and flexible to go if we had to. The one way ticket situation can be explained and proved. Plus people can apply for spousal sponsorship while being a visitor in Canada anyway right?

 

[canuck_in_uk]

I appreciate everyone's point of view and suggestions.
I agree with you uk. I don't think there will be a problem, we have money, Canadian family, a place to live and flexible to go if we had to. The one way ticket situation can be explained and proved. Plus people can apply for spousal sponsorship while being a visitor in Canada anyway right?

Yes, there's nothing wrong with being a visitor while also having a PR app in process.