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misrepresentation? how to stay in Canada to become a PR help pls!

CanGuate

Star Member
Jul 2, 2010
63
1
Hi there
If my husband to be is from visa non exempt country (needs a visa to visit) applies for a TRV by invitation of my parents with no mention of me and upcoming marriage and baby birth (why we want him here) and he arrives here, marries me and we have baby and then apply for PR probably by inland (its the same length if not shorter than outland for us) are we committing misrepresentation and or dual intent? Can we get deported? or our application be thrown out?

We want to be married 1.5 weeks after he arrives on his TRV, and baby is due in 2 mths....
How do we get him to stay with out doing something wrong? He will be taking care of baby and we don't want to go to his home country while waiting for PR (it can take 18mths !)

Any help is appreciated, thanks!
 

matthewc

Hero Member
Jan 18, 2010
592
47
Grimsby, ON
Category........
Visa Office......
Inland (CPC-Vegreville)
Job Offer........
Pre-Assessed..
App. Filed.......
27.09.2006
AOR Received.
05.12.2006
VISA ISSUED...
11.02.2008
LANDED..........
31.03.2008
He can apply for the TRV. There is no guarantee it will be approved. As long as he doesn't lie on the forms, it's unlikely that would count as misrepresentation. Simply not mentioning a second reason for wanting to visit Canada shouldn't come back to bite you.

Note that inland is almost never shorter than outland - the new layout of the processing times on the CIC site does not make that clear at all. The numbers on the CIC site are for 80% of applications; so 4 out of 5 are processed faster than that - some substantially faster. You need to know that he should not leave Canada after applying inland, so if there is any reason he might need to leave, inland is not a good option.

That said, if the most important thing for you is having him stay in Canada with you and the baby, then inland is the right choice. If you apply inland, make sure to include an application for an open work permit together with the PR application (in the same envelope) - that way his legal status as a visitor is automatically extended until they process the first stage of the PR application, so he won't need to try to extend his stay as a visitor separately.
 

CanGuate

Star Member
Jul 2, 2010
63
1
So you think its ok then? We didn't lie on the forms we just didn't mention me at all, my parents invited him as "friends"

I just want to make sure its not misrepresentation or dual intent or some other crazy reason they can find to quickly say no to our PR application, I would hate to spend years in the inland process to be declined because his original TRV was because he came to visit as "friend" of my parents!

Thx for any tips info or input, so much appreciated!
 

prof456

Star Member
Nov 27, 2009
146
8
As far as you do not lie, you should be fine. However, in the event he is denied and you have to sponsor him outland, this may be an issue as you may be asked why he did not mention you in his TRV application, especially considering the fact that at that time, you were about giving birth to his child. Just my thoughts...either way, you may try. I've seen it work before.
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
I agree with Matthew. Your family is inviting him as a friend - the point will be, does he convince the officer assessing the TRV application that he intends to return to his home country at the end of his authorized stay? It's a difficult balance - but it's not really misrepresentation. The point is not so much that he doesn't intend to return right away - the point is that he recognizes that he will have to go back if his PR is not approved, and that he intends to apply to extend his status once he's in Canada so that he maintains valid temporary residence until a decision is made. That's "dual intent".

From the OP11 Processing Manual, Section 5.4:
Dual intent
An 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.
Refusals
A22(2) is an inclusive—not exclusive—statement. It permits officers to issue a TRV, or approve a study or work permit, where someone demonstrates legitimate intention to become both a temporary resident and, at a later date, a permanent resident within the confines of IRPA's Regulations. This provision of the Act permits officers to be flexible in their assessment of these cases, since a legitimate intention to become a temporary resident does not preclude an individual from obtaining permanent resident status while in Canada as a temporary resident.

There is more information in the Section - I won't reprint it all here - but it talks about officers balancing the "rigidity" of R179 against the flexibility of A22(2), "which allows the officer to assess the applicants intent in relation to the particular circumstances of the case".

R179: An officer shall issue a temporary resident visa to a foreign national if, following an examination, it is established that the foreign national
(a) has applied in accordance with these Regulations for a temporary resident visa as a member of the visitor, worker or student class;
(b) will leave Canada by the end of the period authorized for their stay under Division 2;
(c) holds a passport or other document that they may use to enter the country that issued it or another country;
(d) meets the requirements applicable to that class;
(e) is not inadmissible; and
(f) meets the requirements of section 30 (Note: pertains to medical examination)

A22(1): A foreign national becomes a temporary resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(b) and is not inadmissible.

Dual intent
(2) An 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 (note: and/or apply to extend that status from within Canada to maintain their temporary status until a decision is made on permanent status.).