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Dual Intent? How to go about it?

H

helpmeee

Full Member
Mar 18, 2021
29
3
We sent in a spousal sponsorship application (outland) in May 2021 for my American spouse. After doing so, we have been in the US ever since but are now planning to return to Canada in about 10 days. We both work as independent contractors and our recent contract has ended, we dont have any set jobs on the horizon yet, although we have been in discussion with a couple companies. So my spouse currently doesnt have a job holding him here. Seeing as it could be possible my spouse could receive PR by May 2022, we did plan to hang out in Canada either until he gets his PR if it comes within 6 months or stay until either of us have a contract elsewhere (often work in various countries). Of course either way we have ZERO intent for him to overstay his time as a visitor. We also wouldnt be moving any of his stuff with us, if he got his PR we would have to come back and rent a moving truck or something.

What should we say to CBSA? I was planning on just having him say he is coming to visit, because that is true, and then mention the pending application if it comes up. I am just worried that the agent will think we are voluntarily hiding information. Its just we generally dont have a set plan, we often will get job offers 3 weeks before start dates so its really hard for us to predict where we will be at any given moment.

He doesnt rent in the US, so we have no lease or ownership documents to show.
He has enough savings to support himself, so we will print bank statements.
I was thinking of having him buy a fully refundable plane ticket back for three months from the entry date, and then we can change the date to be further out if we dont end up wanting to leave.
We bought some travel insurance of course for like 2 months.

Does anyone have any idea of what else we should bring? Or any advice of what we should or shouldnt do/say?

Thank you!
 
A

armoured

VIP Member
Feb 1, 2015
17,282
8,889
helpmeee said:
What should we say to CBSA? I was planning on just having him say he is coming to visit, because that is true, and then mention the pending application if it comes up. I am just worried that the agent will think we are voluntarily hiding information. Its just we generally dont have a set plan, we often will get job offers 3 weeks before start dates so its really hard for us to predict where we will be at any given moment.
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You're overthinking - just tell the truth, he's visiting and helping you settle in. Yes, he's got a PR application in the works. Yes, if it comes through while in Canada, that'd be great. But he still has to go back and get his stuff. Not working right now because [life.] Jobs come up quickly so timing uncertain.

The key concept is "I'll respect the terms of my entry and depart as required." Obviously no human would say those exact words but you can get there.

They key evidentiary thing is: I'm not bringing my stuff and only got my luggage.

Tickets and all that - well, won't hurt, but doubt they'll do more than glance at it - they know almost everyone buys tickets online nowadays and not six months in advance.

Now obviously there's no guarantee but they're generally not that exercised about USAians.
 
M

MJSPARV

Hero Member
Sep 17, 2020
406
251
armoured said:
You're overthinking - just tell the truth, he's visiting and helping you settle in. Yes, he's got a PR application in the works. Yes, if it comes through while in Canada, that'd be great. But he still has to go back and get his stuff. Not working right now because [life.] Jobs come up quickly so timing uncertain.

The key concept is "I'll respect the terms of my entry and depart as required." Obviously no human would say those exact words but you can get there.

They key evidentiary thing is: I'm not bringing my stuff and only got my luggage.

Tickets and all that - well, won't hurt, but doubt they'll do more than glance at it - they know almost everyone buys tickets online nowadays and not six months in advance.

Now obviously there's no guarantee but they're generally not that exercised about USAians.
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Having entered with dual intent I agree with all of this.
My additional thoughts:
Be prepared with some sort of status update on your application (we have sponsor approval, biometrics done etc). The CBSA officer asked me that. Also you can ask them to stamp your passport since you have a pending application and it t could be useful for you to have a proof of entry into Canada on such and such a date. (The CBSA officer told me that a US citizen can always ask for passport stamping. They will do it if you ask unless you're someone who basically commutes in and out of Canada at which point they don't because your passport will fill up.) If you haven't already search "dual intent" in this forum and I and several others have shared our experiences in detail.

Good luck!
 
Z

zafgzegs

Full Member
Jun 27, 2021
20
2
The key concept is "I'll respect the terms of my entry and depart as required." Obviously no human would say those exact words but you can get there.
 
A

armoured

VIP Member
Feb 1, 2015
17,282
8,889
MJSPARV said:
Also you can ask them to stamp your passport since you have a pending application and it t could be useful for you to have a proof of entry into Canada on such and such a date.
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One note on this and why the stamp is useful: it is not at all uncommon for applicants to arrive at border and to decide later that they want to extend their stay. And to do so, you need to apply that your six-months leave to enter (we don't call ti that formally but that's what it is) will be running out later.

And just as with dual intent, there is nothing wrong with extending later (and arriving at the border and having in mind you might apply for PR, or might apply to extend, etc, but you haven't quite decided yet).

That's why this concept "I'll respect the terms of entry and depart when required" is important - as long as you intend to leave (and do so) when you're required or told to, after any adjustments made including extensions etc., you're still telling the truth and respecting the terms of entry. If your PR is approved and finalized while you're in Canada, that's fine - your status changed and now you respect the terms of that status.
 
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