Dual Intent and "ties" to the home country

[limanoid]

Hi,
I understand dual intent has been discussed to death on this forum. However, I am wondering how the heck I can get my new husband a visitor visa to Canada. He is Peruvian and I am Canadian-born-raised-bred... I am pregnant and am due in November. I am returning to Canada (Quebec) for the last 2 months of the pregnancy and will file for sponsorship for him once I get in Canada. Then, he is going to apply for a visitor's visa shortly after. However, the issue here is that he doesn't have any official job in Peru. Essentially, he doesn't receive papers from employers which is normal for most jobs in Peru, except for more official jobs like doctors, lawyers, what not.. Restaurant workers, barmen, telemarketers, whatever, they don't get papers most of the time!

He would be visiting me for maybe 2 months in Canada shortly after the birth of our child. And he WOULD leave if he had to... however, I don't see what I could do to prove that he has sufficient ties in Peru to prove that he would return to Peru. I mean, his wife (me) and child are living in Canada and he doesn't have a real job in Peru. Is there anything we could do to show he has ties to Peru? Everywhere I look says they must have "ties" to their country, but I can't find what I can do to make him have more ties to Peru..
Is the situation hopeless?? I won't leave Canada until our child is at least 2 months old as I don't trust the health care system in Lima enough to do so. I love this man so much and I hate to deprive him of the chance to meet his child.

suggestions?

 

[minna]

I don't know if there's much to be done about the visitor's visa, but I would recommend applying for it BEFORE you leave to Canada, instead of afterwards . In fact, I would apply ASAP. Once you are back in Canada, you are correct, he has to prove he will return, I am not an expert, by any means, but it seems to me that he would be more likely to be granted a visitor's visa to visit Canada *with* you than to a visa to visit you.

actually, why are you not filing to sponsor him as a PR now, as well? If you are a canadian citizen, you do not need to be living in Canada to sponsor your spouse, you just need to prove that you will be returning to Canada when your partner's application for PR is approved - since you already have plans to return to Canada, that should be pretty straightforward.

 

[Lois Lane]

it is highly unlikely he will be given a visitors visa since you are married
cic will assume he wont be returning, even if he had a job the fact that his wife and new born child are in Canada would raise suspicion as to whether or not he would be returning

you should apply for his PR right away, and specify that you are returning to Canada to have the baby and will remain here

best of luck

 

[toby]

If your husband does not need to return to Peru for a year or more, why not apply for a visitor's visa, both of you travel to Canada, and once in Canada apply for PR inland?

Inland it takes longer, and if he left Canada during that processing period he'd risk not getting back into Canada, so he would have to stay in Canada until approved.

I know a couple who left China for Canada on a visitor's visa for her, intending to apply inland once in Canada. I forget the circumstances, but they were asked at the border the purpose for her visit, and he volunteered that they would apply for PR in Canada, and the border officer had no objections.

You'd have to think carefully about how to explain your "change of heart" in applying for PR in Canada, when the official intention was just to visit, but that could be worked on. I'd not be volunteering any of this plan at the border, in case you met a cuadrado.

Bienvenido a Canada!!

P.S. I was told that private health care in Lima was pretty good, ad inexpensive too. Not true apparently.

 

[kelsey199200]

im in exactly the same situation! my husband has a job a house, family etc in cairo and they still refused him. having a baby in the picture i think makes it harder as he has more reason to stay here in canada to get a job to support the new baby (in their eyes). im due now in less than a month and i know what youre going through, its very tough not giving birth with your husband, but its better for the baby. i too wanted so much for my husband to see the baby when shes a newborn but its better this way. is there any american hostpials in peru.? they tend to have better care. good luck with it all and congrats!

 

[limanoid]

Hi! Thanks for the quick responses.. It's giving me a different way to look at things...

While private health care in Lima is at times is pretty good, I have had problems with doctors prescribing me medication while I was pregnant that would harm the fetus! Yikes, luckily I discovered that (with the help of the internet) before I completed the treatment. Soooo, I'm a little wary of having my newborn child getting vaccinations and what not, let alone being spending it first weeks here in Lima! There are some good places, like those that are Japanese or American...

I already have my ticket for the 31st and he still needs to get a passport -- which should only take a few days here. I have just been focussing all my energies on the permanent residency part and getting things for the marriage, which delayed me from other things... Though, I could delay my flight another week or two so that I could travel with him and allow him time to get a visitor visa.

Do you guys really think this could work? I travel with him to Canada with the intention of having a celebration of the marriage with my family (that's a reason I just thought of.. It sounds reasonable, as it was a really small 2 witness civil ceremony) as well as actually meeting the family. What about if he travels 2 weeks after I do? I really need to get back to Canada ASAP because I don't want any possible medical complications to stop me from flying. There aren't any yet and I can travel until October 1st according to the airline... but I really don't want to push things. Anyway, once we are both in Canada, I could apply for sponsoring him for PR and figure something out as to what to say in regards to why we did this... That's the easiest part, I guess.

Could anyone give a nice little figure as to how much he needs in his bank account? I am thinking he could apply for a 6-week visit and later lengthen it... hmm? The embassy people are very vague about everything, including money amounts.

Oh yeah -- as to why I haven't applied for PR previously: We only *just* got married due many paper problems we encountered in the whole marriage deal. Common-law sponsorship wasn't a possibility for us either. Additionally, someone at the embassy told me that I could only apply to sponsor while I was in Canada and told me other incorrect information... like applying for maternity in Quebec didn't qualify as having enough moolah to sponsor someone. This all discouraged and slowed me down from moving faster than I should have!