+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Dual Intent

lisa_joanne_uk

Star Member
Apr 11, 2009
53
0
UK
Well i'm still leaning towards doing the outland app, but if/when i have to go back to the UK for the interview will immigration let me back into Canada?
Also if i tell the truth when i first go there and i say that i'm there to marry my boyfriend but we are applying for outland sponsorship so i will need to leave at some point (like you said Leon about leaving for the interview) will they let me in? I want to be as honest as possible but i don't want to be refused entry. Also what would i need to say to get the full 6 months on my British passport? All help would be appreciated :)
Thanks, Lisa :)
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
I would not advice showing up in a wedding dress and inviting the border guys to your wedding. Say you are going to visit your boyfriend. This is not lying. You need to have a return ticket but you can buy one that you can change the date on later to make it suit your plans.

At this point, you are not married yet and you are not being sponsored yet so your argument that you will need to go back for an interview does not apply. At this point, they do not know if you will actually get married or if you will just stay on indefinitely hoping that your bf will marry you. They do not know if your boyfriend will sponsor you or is eligible to sponsor you due to criminal record, bankrupcy etc. Therefore it's better to not mention the wedding. If you are in Canada and have 1 month left of your visit visa and still haven't heard about your file, you should apply for a visit visa extension to keep yourself legal.
 

lisa_joanne_uk

Star Member
Apr 11, 2009
53
0
UK
:D I'm sure they'd like me more if i invited them hehe :D
Thankyou Leon :) I was going to book return flights anyway as every topic i've read on the issue has stated its best to have one :) I guess i'll just have to get lots of proof i'm going back. Will a letter from my employer be ok? I could also keep my place for a few more months and take the tenancy agreement. Would this be sufficient or would i need more?
Thanks again Leon :)
 

dentistusa

Star Member
Apr 9, 2009
82
0
Hello guys...

I am very confused now....

i knew my wife from Oct 2006 via internet,we were friends for some time
i applied for temporary student visa in Nov-2007 for studying and even to see and visit her as a friend
and they refused me ,they were not satisfied that i will leave Canada after i will finish my course which supposed 1 year...
in Dec2007 she visited me(and we were not married),
then i came to USA from Aug-2008 then she came to visit me here 3 times
the first in Dec-2008
then she came in Feb-2008 and we got married in this visit and issued out marriage certificate here in USA
then she visited me recently in April2009 for a trip

so what do you advise me to write in my application and what time can i say that i asked her for marriage,
and our relation is long and genuine and we want to live together forever,that's why she will sponsor me...?


we are planning to send our documents to messasuga next days...

please advise me

thanks
 

frolic

Hero Member
Jul 21, 2008
218
5
Dentistusa

Tell the truth.

You have a long history with visits over several years, hopefully with proof of the visits and pictures. Should be fine then.
 

MARLENA

Hero Member
Mar 24, 2009
866
2
Everyone seems confused including myself.
What about at the time of entry you tell them it's your friend but he is living with you. They know when you are giving your address and the person is coming to visit you is more than friend especially when the duration of his visit is more than 3 months.
In my opinion again it depends on IO and how they analyze your answer. I mean you can be friends for so long and eventually the status of relationship changed while they are visiting. Is that wrong?Is that considered as lie, If so they should refuse everyone who intend to come and visit their friends or their close one.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
When trying to get a tourist visa, do not lie but you do not have to always tell everything either. For a visit visa, it's most important to prove that you intend to go back.

When visiting a boyfriend or girlfriend, say that. If you say "friend", that can come back to haunt you later in case you marry your "friend" and try to file for sponsorship. Then you would need try even harder to prove your relationship so immigration doesn't think you married for PR.

When you come to marry boyfriend or girlfriend, leave it at that you are going to visit. Do not walk in with wedding dress, wedding cake and invitations or they will think you are likely to overstay. This will not come back to haunt you because you can always say that you went to visit boyfriend/girlfriend and then decided to get married.

If you are going to visit a wife/husband, say that. If that causes them to deny the visit visa, you can still file for sponsorship and at least you will not have lied to them.
 

Rasha

Hero Member
Apr 26, 2008
529
38
MARLENA said:
Everyone seems confused including myself.
What about at the time of entry you tell them it's your friend but he is living with you. They know when you are giving your address and the person is coming to visit you is more than friend especially when the duration of his visit is more than 3 months.
In my opinion again it depends on IO and how they analyze your answer. I mean you can be friends for so long and eventually the status of relationship changed while they are visiting. Is that wrong?Is that considered as lie, If so they should refuse everyone who intend to come and visit their friends or their close one.
Marlena, the confusion is the cruxt and purpose of my post.....I realize there is grey area here, and there is a lot open to interpretation by the I/O reviewing the case...but this term 'dual intent' and the premise behind it is quite concerning - and why lawyers exist :).

How do they (Immigration) ascertain and determine 'intent'...sometimes it is explicit, and other times it is covert.....To have someone who is more than a friend visit, and say they are a friend [in my opinion is not disclosing the truth] - however, I can understand why people have made that choice - due to certain visas no longer being available here in Canada [namely fiance visa]. But what is really needed here is Immigration Reform.

Why is it, that in the UK, you can have a spousal or fiance visa - the recepients are not granted full immigration [resident] priviledge, and have a 2 year waiting period until they can be a full resident, but they can be with their loved ones quicker (It takes less than a month to obtain such a visa)??? The applicant can only travel between their home country and the UK until the 2-year time limit has expired (I believe) AND they still have to prove the validity of their relationship (marriage cert, etc...) but they are not waiting months, if not year(s) to be together....Why can't Canada do something like that?

Anyway, not to jump on a soapbox - but there needs to be some cleanup of our system, and more streamline processes and other options put into place - that is my opinion.

As for this issue of Dual Intent and what to do or say etc...Leon and PMM in the past have made soem very good points. It's a personal choice, but you must be wise!

Marlena - friends do visit, opposite and same sex - this is life...and reasonable and expected. If the person coming is a friend, and you are honest in that, and things change - and let immigration/customs know your situation - what is the harm in that!?

Honesty is always the best policy, no one is saying lie. And if you have been granted visas, and you were never refused, then you should be thankful - especially if you have not been completely forthcoming in the real extent of ur relationship. We are all adults here, and we know what is right or wrong, or what is lie or truth.

What is not reasonable is when people abuse the system, and are deliberately dishonest in their presentation of the basis of their relationship, and then create the backlog, skepticism and issues such as we have now - which force us to be put through the wringer to 'justify our relationships' - because of the bad seeds that have gone before us, abused the system and created so much doubt. I am not saying that is you - as you did not misrepresent your spouse, and then he came and stayed to try and do an inland application - but some before[/flash] us have. [And I do have an issue with that.]
 

frolic

Hero Member
Jul 21, 2008
218
5
Dual intent is easy. One intent to immigrate...you can even have an application in the system. At the same time you intend to visit while you wait. 2 intents...one to immigrate, and one to visit.

The tricky part is proving that you only intend to visit temporarily and will go home at the end of the temp visa. If they think you will stay, or they think your immigration application might be denied and you will stay anyway, they wont let you in.

This is why getting a temp visa and coming to marry is a problem because marriage is not a "temporary" situation so by trying to get married in Canada and staying you automatically disqualify yourself for a "temporary" visa.
 

room1646

Member
Apr 7, 2009
13
0
My partner and I met online last year and we've just met very recently.

Right now, we are getting all our papers ready. I am a Canadian citizen and she's from Philippines. I've just drafted my invitation letter stating that the purpose of obtaining a TRV for her is so we can get married here in Canada where same-sex union is recognized and legal. I can't marry her there in her country because it is not allowed and is not recognized. After getting married, we will apply for outside Canada application to Sponsor her as my Spouse and that would be one of the reason why she has leave Canada and go back home if an interview is required.

I know this is dual intent but I just want to get everybody's opinion if this would work. Or should we go straight and apply for Conjugal Partner Sponsorshop and skip the TRV?
 

frolic

Hero Member
Jul 21, 2008
218
5
I know this is dual intent but I just want to get everybody's opinion if this would work. Or should we go straight and apply for Conjugal Partner Sponsorshop and skip the TRV?
Since the definition of Conjugal Partner means you have combined your affairs for a year or more you probably don't qualify.
 

room1646

Member
Apr 7, 2009
13
0
we do qualify for Conjugal as we've had our relationship for over a year now. It is an interdependent relationship in all aspects and we have every proof of that.
 

frolic

Hero Member
Jul 21, 2008
218
5
You've had a relationship for a year now but you only met online last year and only met in person "very recently".  Did you "combine your affairs to the extent possible. (Marriage-like)" right away before you had even met?  Or when did that happen?  You need to have merged your affairs for a period of at least one year. 

And from the application forms...
You are in a conjugal partner relationship if you and your sponsor have maintained a conjugal relationship for a period of at least one year but cannot meet the definition of a common-law partner, that is you have been unable to live together continuously for one year, usually because of an immigration barrier.  If you plan to marry your sponsor, you may not be considered a conjugal partner.
Since you plan to marry you also may not qualify too.