Hi all, [...]
We were expecting a summer 2018 move to Canada. Our apartment lease expires at the end of May, and I have some work lined up in Canada starting in July. My current US visa (which permits me to work) and Canadian passport also both expire in July.
Assuming that a) her application is not completed by the summer, and b) it won't be rejected for some unforeseen reason, would there be any issues if she joined me up in Canada as a tourist for the summer until her application is complete, then returned to the US for a couple of days so that she can come right back across the border, formally land, and import our belongings? How does dual intent apply in this circumstance?
Does anyone have an idea of how to handle this? Ideally, her application is completed before then and we do our move according to plan. However, when dealing with issues like housing, new jobs, and expiring visas I don't think a "wait and see" approach is a good idea; rather than scrambling, I'd like to plan ahead and have options. If anybody has any experience or knowledge they can share regarding this, it would be much appreciated. Good luck to you all.
I believe, though please don't consider anything I have to say as legal advice because I am not a lawyer, that what you are proposing is entirely possible in law, however, it may be difficult to achieve. You can of course come to Canada and work in July, however, for your wife to be able to join you with dual intent she would have to show that she still has the intent to leave Canada at the end of her allowed stay as a visitor, or if the PR application is rejected (also a possibility). You working and starting to re-settle in Canada counts against her in an assessment at the border.
In order to show dual intent the officer would weigh (among others):
- the length of time that the client will be spending in Canada;
- the means of support;
- obligations and ties in the home country; and
- compliance with requirements of the IRPA and Regulations applicable to temporary residents (visitors, students and workers).
(Source:
canada.ca, bolding mine)
I think that it could very easily be argued that your wife only has a single intent in Canada which would be to become a Permanent Resident, based on how you have described your situation. It would be difficult for her to convince an officer of the intent to come as a visitor, because the officer could weigh heavily on the point that I emphasized above. You moving to Canada and starting to establish yourself shows very strong ties for her in Canada and no longer in the US.
If you could come up with a plan and provide evidence that shows the officer that should her application be refused, you will return to the US to be with her; I think your case would be easier. To show dual intent there have to be no doubts about her intent as a visitor first and foremost. Your chances might improve if your wife doesn't accompany you straight away, but stays in the USA a while longer, and you keep most of your possessions in the US. This would also mean that you would possibly also have to maintain your status in the USA, to allow you to return and settle.
I would also probably advise against buying a house in Canada or putting her name on a lease. Perhaps even don't get a long-term lease until you are sure that she can come to Canada as a PR, but only look at temporary accommodation for yourself. The more you establish yourself in Canada, the harder it would be to convince a CBSA officer that your wife will leave Canada and be separated from you should her application be refused, or, if she is let in as a visitor, her status expires.
That being said, I hope that your wife's application is approved swiftly and this becomes a moot point.
