inland spousal application

[Thistlex]

I had read up somewhere that applying inland by spousal application while on a visitors looks bad to cic as opposed to applying for it while you are on work or student visa. Reason being, they see it as you coming in to the country by false intentions. is this true? or do I have as equal a chance on a visitors then with any other class?

 

[CharlieD10]

As far as I have read, 'dual intent' only works when you are visa-exempt. Or, in the alternative, as you say, when you are in country as a worker or student, because the implication of those permits is you are going to be in the country for extended periods.

Temporary residence visas are supposed to permit short stays of up to 6 months, although the period can be shortened at the discretion of the border agent, especially if they do not believe you are arriving for a short-term visit.

If you are going to enter Canada on a TRV with the intent to remain and apply for spousal sponsorship, I suggest you tread very carefully.

 

[Thistlex]

I am currently in Canada as a visitor and am waiting for a response to an extension, does dual-intent not apply if I am already here, or should I still tread carefully under the circumstances? As my intentions were not to stay as of the moment of entry.

 

[CharlieD10]

Are you visa-exempt or non-visa-exempt?

 

[Thistlex]

i am a british citizen so i did not need a visa for entry.

 

[CharlieD10]

Then you have much less to worry about. As I said, dual intent seems to work best when you are visa-exempt, which you are.

I saw a case once where an American spouse was granted visitor status extensions for over 5 years. While I don't recommend you wait that long before applying for PR status, (especially as London processes applications so quickly!), I think you should have little trouble receiving an extension, especially if the purpose is to allow you time to prepare for or wait out spousal PR processing.

As a visa-exempt visitor, you're not considered "high risk" for overstaying.

 

[Thistlex]

that clarified a lot of things for me, thank you so much for taking the time to answer me , I really appreciate it

 

[CharlieD10]

No problem!

By the way, I know you titled it "inland spousal application" but I hope (if you haven't applied yet) someone has pointed out to you by now that you don't have to apply Inland just because you are in Canada. You'd be trading 4-6 months via London (Outland), with the right to appeal (heaven forbid anything goes wrong) and the opportunity to leave the country during processing if necessary, for 10 months without work, health care coverage or the ability to leave the country without a lot of stress (Inland), and no right to appeal if something goes wrong!

Good luck on your extension application!