Entering Canada With Dual Intent

[PrincessButtercup]

Hi all,

I'm sure this has been addressed in the past, but I couldn't search the message boards. I am an American, married to a Canadian. I am about to take a 2 week trip back to the US, then upon my return, we will be submitting my inland PR and OWP applications. As an American citizen, I know that I should be legally allowed to enter and stay in Canada as a Visitor for up to 6 months (I have exercised this right before). However, since this time I'll be entering with dual intent (as a temporary resident/visitor and an applicant for PR), I need some advice. When I enter back into Canada, I know it is up to the border patrol to asses my intent to exit Canada when the time is up. Other than having proof of a return plane ticket home to show, what else would you suggest I have to show "ties" back to my home country? I do not work, so can't show poof of employment. All of my family is back there, and my legal residential and mailing address is a US one. All of my banking and financials are US-based. I just want to make sure I get back in smoothly, so we may proceed with my applications inland, and together. Has anyone else been in this situation? Thank you!

 

[Simsom]

Hello, myself and my partner are in a similar situation. I am also searching on the forums for advice. I am by no means an expert, but I can share with you some of our plans regarding entering on dual intent. We plan to carry a written letter explaining our situation, that we can present if requested. In this letter we plan to mention all the reasons we are able, and willing to leave Canada to avoid disobeying the terms of the tourist visa. To my understanding, the principal issue is confirming with the border agent that you are acting sincerely, and will respect the terms and limitations of the visitor visa. I'm not trying to scare you, but there was one case, a US national was attempting to enter Canada to be with her future husband. For whatever reason she had a difficult time explaining herself and the border agent felt as if she was lying about her intentions or would not leave at the end of her visa. She received a 1yr ban from entering Canada. At that time she hired a lawyer and tried to fight the border agents decision in court. The judge's ruling came down to "yes I agree this is unfair" but "the border agent has the authority to make decisions, and only paperwork/documents submitted to that agent during attempting to enter Canada can be used as supporting evidence in review of the decision". So she had a strong case after the fact, but it didnt matter. This is why we plan to carry our letter, and to carry all the supporting documents with it.

 

[Canada2020eh]

Hello, myself and my partner are in a similar situation. I am also searching on the forums for advice. I am by no means an expert, but I can share with you some of our plans regarding entering on dual intent. We plan to carry a written letter explaining our situation, that we can present if requested. In this letter we plan to mention all the reasons we are able, and willing to leave Canada to avoid disobeying the terms of the tourist visa. To my understanding, the principal issue is confirming with the border agent that you are acting sincerely, and will respect the terms and limitations of the visitor visa. I'm not trying to scare you, but there was one case, a US national was attempting to enter Canada to be with her future husband. For whatever reason she had a difficult time explaining herself and the border agent felt as if she was lying about her intentions or would not leave at the end of her visa. She received a 1yr ban from entering Canada. At that time she hired a lawyer and tried to fight the border agents decision in court. The judge's ruling came down to "yes I agree this is unfair" but "the border agent has the authority to make decisions, and only paperwork/documents submitted to that agent during attempting to enter Canada can be used as supporting evidence in review of the decision". So she had a strong case after the fact, but it didnt matter. This is why we plan to carry our letter, and to carry all the supporting documents with it.

This might be the case you are referring to:

https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/218891/index.do?r=AAAAAQAHVmlzaXRvcgE

This case is more complex than Princess Buttercups, in this case the lady had many things going against her, no real address, no savings, not even a car, If I recall she was on a bus, no job in the states nor assets. So when questioned, the CBSA agent decided there was no reason to be sure she would return to the USA when her visa limit was up and issued the exclusion order.

You do not have to tell them anything except you are going to visit your spouse, and probably better not to, basically if they don't think you will leave after 6 months they won't let you in. You have a track record of going back and forth so it shouldn't be an issue unless you tell them something else, like what was done in the case I have linked.

If you don't feel comfortable doing what you are planning maybe you should cancel you visit to the States and get the Inland app under way and the OWP. No guarantees what might happen at the border.

BTW I don't really know if it is called dual intent by entering and planning to do an inland app, all I have read has been about doing an outland app then traveling to Canada on a TRV if required from your country. Then telling CBSA you have an app being processed in the system and would like to wait in CDA while it is being processed. Apparently usually not a problem. (BTW that's our plan in the new year)

I am no expert, all just from what I have read here and elsewhere.

Cheers

 

[Jnicole45]

You do not have to tell them anything except you are going to visit your spouse, and probably better not to, basically if they don't think you will leave after 6 months they won't let you in.

BTW I don't really know if it is called dual intent by entering and planning to do an inland app, all I have read has been about doing an outland app then traveling to Canada on a TRV if required from your country. Then telling CBSA you have an app being processed in the system and would like to wait in CDA while it is being processed. Apparently usually not a problem. (BTW that's our plan in the new year)

Dual Intent refers to someone who has applied or will apply for permanent residence and also applies to enter as a visitor (or student/worker), so OP is right about dual intent.

I applied inland (initially, but accidentally sent it as outland when we resubmitted after it was returned for a missing document, but that's not really relevant) and have traveled back and forth to the US (my home country) since applying. Canada2020eh is correct, tell them you are visiting your spouse for 6 months. They will likely ask why 6 months, that's when you tell them you are planning to apply for PR with an OWP as allowed (dual intent), but that you do have a return ticket booked just in case. That should be sufficient, but they might also want to see proof that you can support yourself financially while in Canada (a fairly standard concern for visitors staying for long periods of time) so make sure you can give an estimate of how much money you have in your bank accounts (they can ask to see it, so you could have a recently dated account statement printed for proof). A letter from your spouse stating their intent to support you financially while you visit could also be helpful. You don't have to present any of that unless asked (theres a good chance they won't ask for any of it) but having it might at least help you feel more prepared for the crossing. Having a residential address in the US is also helpful proof of ties. I've been asked if I had somewhere to go in the US if I were denied entry, which I do, and that seemed to satisfy the officer.

I don't think you'll have any problems, Buttercup. Just answer any questions honestly, don't volunteer any information they don't ask for, and be patient and polite with them, and you should be fine

 

[PrincessButtercup]

Hello, myself and my partner are in a similar situation. I am also searching on the forums for advice. I am by no means an expert, but I can share with you some of our plans regarding entering on dual intent. We plan to carry a written letter explaining our situation, that we can present if requested. In this letter we plan to mention all the reasons we are able, and willing to leave Canada to avoid disobeying the terms of the tourist visa. To my understanding, the principal issue is confirming with the border agent that you are acting sincerely, and will respect the terms and limitations of the visitor visa. I'm not trying to scare you, but there was one case, a US national was attempting to enter Canada to be with her future husband. For whatever reason she had a difficult time explaining herself and the border agent felt as if she was lying about her intentions or would not leave at the end of her visa. She received a 1yr ban from entering Canada. At that time she hired a lawyer and tried to fight the border agents decision in court. The judge's ruling came down to "yes I agree this is unfair" but "the border agent has the authority to make decisions, and only paperwork/documents submitted to that agent during attempting to enter Canada can be used as supporting evidence in review of the decision". So she had a strong case after the fact, but it didnt matter. This is why we plan to carry our letter, and to carry all the supporting documents with it.

Thank you so much for your response!

 

[PrincessButtercup]

This might be the case you are referring to:

https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/218891/index.do?r=AAAAAQAHVmlzaXRvcgE

This case is more complex than Princess Buttercups, in this case the lady had many things going against her, no real address, no savings, not even a car, If I recall she was on a bus, no job in the states nor assets. So when questioned, the CBSA agent decided there was no reason to be sure she would return to the USA when her visa limit was up and issued the exclusion order.

You do not have to tell them anything except you are going to visit your spouse, and probably better not to, basically if they don't think you will leave after 6 months they won't let you in. You have a track record of going back and forth so it shouldn't be an issue unless you tell them something else, like what was done in the case I have linked.

If you don't feel comfortable doing what you are planning maybe you should cancel you visit to the States and get the Inland app under way and the OWP. No guarantees what might happen at the border.

BTW I don't really know if it is called dual intent by entering and planning to do an inland app, all I have read has been about doing an outland app then traveling to Canada on a TRV if required from your country. Then telling CBSA you have an app being processed in the system and would like to wait in CDA while it is being processed. Apparently usually not a problem. (BTW that's our plan in the new year)

I am no expert, all just from what I have read here and elsewhere.

Cheers

Thanks for the advice!

 

[PrincessButtercup]

Dual Intent refers to someone who has applied or will apply for permanent residence and also applies to enter as a visitor (or student/worker), so OP is right about dual intent.

I applied inland (initially, but accidentally sent it as outland when we resubmitted after it was returned for a missing document, but that's not really relevant) and have traveled back and forth to the US (my home country) since applying. Canada2020eh is correct, tell them you are visiting your spouse for 6 months. They will likely ask why 6 months, that's when you tell them you are planning to apply for PR with an OWP as allowed (dual intent), but that you do have a return ticket booked just in case. That should be sufficient, but they might also want to see proof that you can support yourself financially while in Canada (a fairly standard concern for visitors staying for long periods of time) so make sure you can give an estimate of how much money you have in your bank accounts (they can ask to see it, so you could have a recently dated account statement printed for proof). A letter from your spouse stating their intent to support you financially while you visit could also be helpful. You don't have to present any of that unless asked (theres a good chance they won't ask for any of it) but having it might at least help you feel more prepared for the crossing. Having a residential address in the US is also helpful proof of ties. I've been asked if I had somewhere to go in the US if I were denied entry, which I do, and that seemed to satisfy the officer.

I don't think you'll have any problems, Buttercup. Just answer any questions honestly, don't volunteer any information they don't ask for, and be patient and polite with them, and you should be fine

Thanks was so helpful, thank you a bunch!