need help- should I go with 'dual intent'.

[pawpaw]

this is a funny case

I'm currently working in U.S under H1b status- skilled worker. I got admission from UofT and I plan to move to Canada this August. Now I need to apply for student permit.

I got married last christmas. My husband is staying in Canada with visitor status. His PR application is under process, but he hasn't added me to his application since he delivered the application before we got married. His PR probably won't be approved before August when the school starts.

I consulted a lawyer regarding the risk of my application for the student permit. As you can see, I have a strong intention of immigration to a naked eye. The lawyer suggested us update with CIG immediately and add me to the PR application. The lawyer explained that once I've done so, it will be easier for me to explain my intension of immigration and get around the risk with 'dual intention'.

The question is, should my husband add me to his immigration application? Won't make things more complicated?
1. I have to satisfy the visa officer that I will return to home after I complete the study in any case, either with stated or 'implied' dual intention. So what benefit will I get if I express out my dual intention with a PR application?

2. Should my husband leave Canada now? I figured the visa officer won't like to see my husband renewing his visitor record while waiting for the PR.

Thanks for your advice!!

 

[angelbrat]

If your husband does NOT add you to his PR application and he lands without declaring you as his spouse, he will be banned from EVER sponsoring you in the future.

Get his application updated immediately. Yes it will delay the PR but by not doing so, could lead to misrepresentation as well, which in its self means, that your husbands PR will be revoked.

 

[pawpaw]

If your husband does NOT add you to his PR application and he lands without declaring you as his spouse, he will be banned from EVER sponsoring you in the future.

Get his application updated immediately. Yes it will delay the PR but by not doing so, could lead to misrepresentation as well, which in its self means, that your husbands PR will be revoked.

Thanks angelbrat. He hasn't received ME notification, so we thought there is still time for us to update his application before ME. The question is, should we update the application now or after my applying for study permit? or it doesn't matter since I have the dual intention any way?

 

[pearl2010]

hi pawpaw,

Any changes like birth,Marriage,employement should be updated accordingly
Read Factors that facilitate processing in below link
http://www.cic.gc.ca/english/information/applications/guides/EG77.asp

•make sure that you notify the Canadian Visa Office promptly of any and all changes to your mailing address, family composition, or any other information that is important to your application, such as additional education or work experience.


Also, there is no problem with ur dual intention,u can apply for study permit.See below thread
http://www.canadavisa.com/canada-immigration-discussion-board/dear-qoraxplz-help-me-t66966.0.html;msg662839#msg662839

hope this helps
Regards
pearl2010

 

[pawpaw]

hi pawpaw,

Any changes like birth,Marriage,employement should be updated accordingly
Read Factors that facilitate processing in below link
p

•make sure that you notify the Canadian Visa Office promptly of any and all changes to your mailing address, family composition, or any other information that is important to your application, such as additional education or work experience.


Also, there is no problem with ur dual intention,u can apply for study permit.See below thread


hope this helps
Regards
pearl2010

Thanks Very much Pearl2010 :-*

 

[pawpaw]

hi pawpaw,

Any changes like birth,Marriage,employement should be updated accordingly
Read Factors that facilitate processing in below link

•make sure that you notify the Canadian Visa Office promptly of any and all changes to your mailing address, family composition, or any other information that is important to your application, such as additional education or work experience.


Also, there is no problem with ur dual intention,u can apply for study permit.See below thread
h
hope this helps
Regards
pearl2010

Hi, Pearl, the information you provided is very very helpful, thanks a lot!! After reviewed your posts, now I have two questions, and I hope you can shed some light-

1. My husband will add me as his spouse to his case and will send out the updated application tomorrow. There is a twist - his passport has expired this week, he has to filled the form with the expired passport information. We will need to update the application again, once he gets his renewed passport later this month. Meanwhile I'll submit the application for student permit, at some time before he gets his passport and update the PR app. Do you see any problem with this approach?

2. I read the 'dual intent' CIC page you linked, it seems to me that the student doesn't need to promise or prove that he/she will definitely leave Canada after the completion of his/her study. He/she only needs to commit that he/she will respect the requirement to return home at the application for student permit. If this is true, it will makes a big difference for me, since I can't promise I will leave Canada considering I will probably obtain PR before graduation, but I will definitely respect the requirement of immigration law in any case. I was worried about how to convince vo that I will leave, but now seems I only need to assure vo that I will respect the law and won't stay longer time than granted. Do you have any comment?

Again, I appreciate your insights!

 

[pearl2010]

u r welcome pawpaw
Below are the answers to ur queries

Reply to qn:1.Yes,ur husband can send the update regarding the marital status immediately and once he recieves his renewed passport number update them accordingly.

Yes,u can submit ur application for study permit, provided u have to mention two things,
first is ' u r married' and secondly about ur PR application as a dependant in the 'Background Information' section question number 2 (i) of Application for Study Permit Made Outside of Canada (IMM 1294) and better to quote the file number too.
http://www.cic.gc.ca/english/pdf/kits/forms/IMM1294E.PDF
2 (i) Check the box to indicate if you have ever: 1.applied for any Canadian visa(s) either as a Permanent Resident, Temporary Resident (Visitor, Student, or Worker), or a Temporary Resident Permit.

I got one more suggestion for u,better to submit ur study permit application around 1st week of May2011,reason is by then,the information regarding ur PR application as a dependant would be updated.

Reply to qn:2. Yes,u r right.He/she only needs to commit that he/she will respect
the requirement to return home at the application for student permit,If this is true, it will make a big difference for me, since I can't promise I will leave Canada considering I will probably obtain PR before graduation
Ans: Read point 2 on Introduction section on below link,it clearly states that ,If u r unable to qualify for such programs(like PR card,...) a student is required to leave Canada upon expiry of their permit. So,If u become a Permanent resident before the expiry of ur study permit,u can continue ur stay upon expiry of ur study permit and I don't think u have to leave.

http://www.cic.gc.ca/english/study/institutions/intent.asp
•Federal government programs may be available to international students which permit them to stay and work in Canada after having completed their studies and, in some cases, eventually apply for permanent residency. If unable to qualify for such programs a student is required to leave Canada upon expiry of their study permit

hope this clarifies ur doubt
All the Best!

Regards
pearl2010