Dual intent?? uh oh!

[CanGuate]

Hey guys,
So what exactly is dual intent. Is my case dual intent?

I am Canadian citizen, hubby to be is Guatemalan. We want to apply for PR for him early 2011 (we are waiting on my divorce papers so we can marry and then apply, hopefully by early 2011)

My idea: in sept 2010 have him apply for a sudent visa to ge him into canada starting early 2011, apply on his own before any paper go in about PR, for his student visa (not sure if he should mention me in his leter of intent to study or not as he has a great Aunt who said she will help him and if I the wife to be is helping him with baby baking in the oven e will be less likely to leave canada, we are also hoping his military status will be a big reason why he would have to return to Guatemala after his sudies.)

So he applies and gets his visa, he quits the military to come to canada, he now enters and we get married as soon as leagally possible, I apply to sponsor him we apply for his PR (list his occupaion as student)and work permit and pray first stage approval is completed before his 8 mths of study are up.


Is this dual intent?


As we are applying at the Guatemalan embassy it seems faster for us to go inland application, and that way we can keep renewing his satus to remain in canada while the descion about his PR is made. Of course like everybody we want to be together espcially becasue of first child is due Feb 3 and can't bare o be ppar

How does that plan sound, and more importantly is it dual intent?
We could use all the insite you have, thanks for you help!

 

[RobsLuv]

If your plan works that he can get into Canada to study, then you'll apply to sponsor him under the inland spousal PR process and you'd include an extension to his study permit WITH the inland PR application - which protects that status and allows him to continue to study in Canada until he has been assessed as an eligible spousal PR applicant AS LONG AS YOU GET MARRIED AND YOU SUBMIT BOTH APPLICATIONS TO CPC-V BEFORE HIS STATUS EXPIRES. That isn't really where dual intent comes into the picture.

Dual intent would be more applicable if you were to apply via the outland process and he was applying separately to extend his status so he could stay with you while the outland ap was processing. When someone applies to extend their status - apart from being an eligible spousal or common-law PR applicant - they normally have to prove that they only intend to stay in Canada temporarily. But dual intent gets around that requirement. From Section 5.4 of OP11 - Temporary Residents):

(The) intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay [A22(2), R183]. The person's desire to work, study or visit in Canada before or during the processing of an application for permanent residence may be legitimate. An officer should distinguish between such a person and an applicant who has no intention of leaving Canada if the application is refused.
An officer should also keep in mind:
• the time required to process an application for permanent residence, because the length of time will affect the applicant's means of support;
• obligations at home; and
• the applicant's likelihood of leaving Canada if the application is refused.

The problem with dual intent is that, like so many other things, determination of it's applicability is left to the discretion of the officer assessing the request for temporary status. Typically, with an outland PR applicant, dual intent is allowed and the status extension is granted. For sure with an inland PR ap it is - especially when the temporary status is valid at the time the inland PR ap (and the extension application) is received by CPC-V. But if an applicant is refused permanent resident status (even if the decision is under appeal) dual intent is harder to prove and they will almost always be refused an extension of their temporary status.