Inland Sponsorship - Dual Intent

[znxy123]

Hello all,

Hope you're all safe and well. My Canadian partner and I (British Citizen) are intending to emigrate from the UK to Canada toward the start of July (I was unfortunately made redundant due to COVID, her WH visa and work contract are both coming to an end). We're planning to apply under the Spouse or Common Law Partner in Canada class so I can get an OWP and start working sooner. We have an adequate support system in place (we're staying with her parents until I'm able to start work (going to get a letter to confirm this), I got a decent redundancy payout, and once that money runs out my partner is going to support me until I'm able to start work). We've got an adequate quarantine plan in place too (also going to get a letter to detail and confirm this). We've got proof that we're common-law so I can actually board the flight, too (handy).

I've been spending my time (I have lots of it all of a sudden...!) preemptively filling out the forms and gathering documents so we can apply soon after we get to Canada. When, this evening while perusing google, I come across some horror stories about people trying to do just what we're doing and getting served a removal order at the border after stating their "Dual intent" and the border officer not believing the "temporary" bit.

So, suffice to say I'm now horrified that this will happen to us. From what I can tell, I have two clear options:

1. Apply to enter Canada as a visitor and visitor only. Don't tell the border officer that I in fact intend to apply for PR inland. Cons of this would be that if the officer presses further, I'll just have to tell him; while I won't have particularly lied, it definitely won't help my case.

2. Inform the border officer of my intent to apply as a visitor but that I will be applying for PR inland (i.e. dual intent). Do everything in my power during the inevitable grilling to convince him that I will leave Canada before 6 months (or otherwise) if my OPW isn't processed by then (which I of course will). I'm thinking that the letter stating my/our support system in Canada, along with a letter from my family in the UK affirming my family ties there, and a return ticket would be a good level of evidence? Perhaps I should get these notarised?

Am I right to be worried? And if so, is there anything else I can do to minimise this problem? I'm working as hard as I can to make sure this whole transition goes as smoothly as possible given the current circumstances already put us at a disadvantage.

ANYWAY I waffle when I'm anxious so sorry for the long post; it's coming up on 3am BST so I'm past my bedtime, but any help/advice/tips you lovely people could possibly provide would be very well received!

Many thanks!

 

[canuck_in_uk]

Hello all,

Hope you're all safe and well. My Canadian partner and I (British Citizen) are intending to emigrate from the UK to Canada toward the start of July (I was unfortunately made redundant due to COVID, her WH visa and work contract are both coming to an end). We're planning to apply under the Spouse or Common Law Partner in Canada class so I can get an OWP and start working sooner. We have an adequate support system in place (we're staying with her parents until I'm able to start work (going to get a letter to confirm this), I got a decent redundancy payout, and once that money runs out my partner is going to support me until I'm able to start work). We've got an adequate quarantine plan in place too (also going to get a letter to detail and confirm this). We've got proof that we're common-law so I can actually board the flight, too (handy).

I've been spending my time (I have lots of it all of a sudden...!) preemptively filling out the forms and gathering documents so we can apply soon after we get to Canada. When, this evening while perusing google, I come across some horror stories about people trying to do just what we're doing and getting served a removal order at the border after stating their "Dual intent" and the border officer not believing the "temporary" bit.

So, suffice to say I'm now horrified that this will happen to us. From what I can tell, I have two clear options:

1. Apply to enter Canada as a visitor and visitor only. Don't tell the border officer that I in fact intend to apply for PR inland. Cons of this would be that if the officer presses further, I'll just have to tell him; while I won't have particularly lied, it definitely won't help my case.

2. Inform the border officer of my intent to apply as a visitor but that I will be applying for PR inland (i.e. dual intent). Do everything in my power during the inevitable grilling to convince him that I will leave Canada before 6 months (or otherwise) if my OPW isn't processed by then (which I of course will). I'm thinking that the letter stating my/our support system in Canada, along with a letter from my family in the UK affirming my family ties there, and a return ticket would be a good level of evidence? Perhaps I should get these notarised?

Am I right to be worried? And if so, is there anything else I can do to minimise this problem? I'm working as hard as I can to make sure this whole transition goes as smoothly as possible given the current circumstances already put us at a disadvantage.

ANYWAY I waffle when I'm anxious so sorry for the long post; it's coming up on 3am BST so I'm past my bedtime, but any help/advice/tips you lovely people could possibly provide would be very well received!

Many thanks!

People in this situation generally aren't refused entry unless they rock up with all of their worldly belongings and tell CBSA they are moving to Canada. Don't overthink it.

Don't say you are coming to live in or moving to Canada. You are visiting your partner. Don't have more than a few bags like a normal visitor. Don't volunteer information. If CBSA doesn't ask, you don't have to tell. If they push further about your stay, then say you will be applying for PR. Don't bring up dual intent; CBSA knows what it is and how to apply it and doesn't need people telling them how to do their job. Have proof of finances. A refundable return ticket is a good idea. Don't get family letters and don't notarize anything; that looks too desperate.

 

[znxy123]

People in this situation generally aren't refused entry unless they rock up with all of their worldly belongings and tell CBSA they are moving to Canada. Don't overthink it.

Don't say you are coming to live in or moving to Canada. You are visiting your partner. Don't have more than a few bags like a normal visitor. Don't volunteer information. If CBSA doesn't ask, you don't have to tell. If they push further about your stay, then say you will be applying for PR. Don't bring up dual intent; CBSA knows what it is and how to apply it and doesn't need people telling them how to do their job. Have proof of finances. A refundable return ticket is a good idea. Don't get family letters and don't notarize anything; that looks too desperate.

@canuck_in_uk Cheers for the steer. That's what I was hoping to hear, and makes rational sense (at a normal time of day, anyway...!). Good stuff.

 

[CanUK333]

We were in the exact same situation when we came back to Canada last year before we applied. We followed canuck_in_uk advice. Do not mention immigration/PR application/etc. when crossing through the border say you are visiting. Of course if they ask specifically, do not lie, but if they don't ask, don't tell. Like canuck_in_uk said, don't travel with more suitcases then allowed for a "trip". Treat it just like a normal trip/visit/holiday. Don't have any documents or divulge that your belongings are following/coming after you. Do make sure you have a return ticket (they will most likely ask this) and do have proof of finances (this is because you aren't currently working).

We too came to Canada after living in the UK for 3 years. We crossed saying we were visiting. We applied 2 months later for the OWP/PR. Because we had just got to Canada we too were living with my parents and I didn't have a job yet either. This is all ok and you can still apply and meet all the requirements. Because we were in the exact same situation as you (from UK, living with family, no job yet, co-habitation in UK/CA, etc.) feel free to DM me if you have any questions. While still in the uk it'd be a good idea to get letters from neighbours (attesting to your co-habitation), and start collecting bank statements, utility bills, etc. for your proof of co-habitation. And when you get to Canada immediately start collecting co-habitation proof for in Canada.

Additional Note: because you are coming from the UK you don't need a visa to visit; however, one of the requirements for the OWP is that you have legal status in Canada when you apply. Because UK people don't have any sort of document to say they are on "Visitor status" it is helpful, but not necessary, if you ask the border agent to stamp your passport when you arrive in Canada to show when your visitors status commenced. They don't usually do that anymore but you can ask, just say you like to collect the stamps for sentimental purposes or like to collect stamps to remember your travels, etc. Don't say it's for immigration, just ask casually. You'll use this stamped page when you copy your passport to send in for your application.

 

[znxy123]

We were in the exact same situation when we came back to Canada last year before we applied. We followed canuck_in_uk advice. Do not mention immigration/PR application/etc. when crossing through the border say you are visiting. Of course if they ask specifically, do not lie, but if they don't ask, don't tell. Like canuck_in_uk said, don't travel with more suitcases then allowed for a "trip". Treat it just like a normal trip/visit/holiday. Don't have any documents or divulge that your belongings are following/coming after you. Do make sure you have a return ticket (they will most likely ask this) and do have proof of finances (this is because you aren't currently working).

We too came to Canada after living in the UK for 3 years. We crossed saying we were visiting. We applied 2 months later for the OWP/PR. Because we had just got to Canada we too were living with my parents and I didn't have a job yet either. This is all ok and you can still apply and meet all the requirements. Because we were in the exact same situation as you (from UK, living with family, no job yet, co-habitation in UK/CA, etc.) feel free to DM me if you have any questions. While still in the uk it'd be a good idea to get letters from neighbours (attesting to your co-habitation), and start collecting bank statements, utility bills, etc. for your proof of co-habitation. And when you get to Canada immediately start collecting co-habitation proof for in Canada.

Additional Note: because you are coming from the UK you don't need a visa to visit; however, one of the requirements for the OWP is that you have legal status in Canada when you apply. Because UK people don't have any sort of document to say they are on "Visitor status" it is helpful, but not necessary, if you ask the border agent to stamp your passport when you arrive in Canada to show when your visitors status commenced. They don't usually do that anymore but you can ask, just say you like to collect the stamps for sentimental purposes or like to collect stamps to remember your travels, etc. Don't say it's for immigration, just ask casually. You'll use this stamped page when you copy your passport to send in for your application.

@CanUK333 Thanks! It's good to know other people have achieved what we're trying to achieve. I may take you up on the offer of a DM at some point in the near future.

We have a few concerns that, as I'm now applying to enter Canada as a visitor (without explicitly saying we're moving), we might struggle to convince the airline/border officer that our travel is "essential" given the COVID situation. We're going to tell them about how my partner is moving back to Canada as her work visa is expiring and her work contract is up, and that I'm travelling to stay with her during COVID so we're not apart (all true).

Anybody have any pointers on whether I should I elaborate this much or just go with "family reunification"? I guess it will depend on how they're asking the questions...

Thanks again all.

 

[canuck78]

@CanUK333 Thanks! It's good to know other people have achieved what we're trying to achieve. I may take you up on the offer of a DM at some point in the near future.

We have a few concerns that, as I'm now applying to enter Canada as a visitor (without explicitly saying we're moving), we might struggle to convince the airline/border officer that our travel is "essential" given the COVID situation. We're going to tell them about how my partner is moving back to Canada as her work visa is expiring and her work contract is up, and that I'm travelling to stay with her during COVID so we're not apart (all true).

Anybody have any pointers on whether I should I elaborate this much or just go with "family reunification"? I guess it will depend on how they're asking the questions...

Thanks again all.

Very hard to compare pre and post covid travel.

 

[Diegof09]

I'm in a similar situation! I'll be getting married in September in Mexico to a mexican citizen! I'm have dual citizenship! She is planning on moving to Canada with me after the wedding in September!

She will still have a job in Mexico, that she can do online, and we will probably get a return ticket for December! But after reading some stories online I kind of got scared. Anyone else has any tips or recommendations? Wouldn't want for my wife to not be allowed in to Canada.

 

[canuck_in_uk]

I'm in a similar situation! I'll be getting married in September in Mexico to a mexican citizen! I'm have dual citizenship! She is planning on moving to Canada with me after the wedding in September!

She will still have a job in Mexico, that she can do online, and we will probably get a return ticket for December! But after reading some stories online I kind of got scared. Anyone else has any tips or recommendations? Wouldn't want for my wife to not be allowed in to Canada.

She isn't moving. She doesn't have the right to live in Canada. She is visiting. Read the previous posts for tips.

 

[Diegof09]

She flies to Canada as a visitor you get married in Canada, apply inland sponsorship.

Well we are already married legally, we are getting married in the Church in September, which is what matters to us.