Question about inland applications regarding CBSA

[BNihon]

Maybe a straightforward question but one that I can’t find a clear answer about.

I’m planning to return to Canada after 17 yrs in Japan. I’ll be returning with my two minor children (both have citizenship and passports) and Japanese wife. When questioned by CBSA about our reason for arrival, is it fine for my wife to say that she is planning to apply for PR? Can she enter Canada on a visitor visa with the intent to apply for PR?

We’re thinking of starting the process outland but our timeline to return is next August and it seems very unlikely that the process will be complete before we leave Japan.

 

[poporopos]

It's illegal to come in as a visitor without the intention of following through with visitor requirements however, under dual-intent laws, a person can have additional plans as long as they follow the rules of their current status.

The reason I say it like this is because essentially what it comes down to is what you say and how you say it. You MUST say and provide evidence that she will go back to Japan and not work illegally - return plane tickets, itinerary and your job proof or bank statements.

If you are asked about further plans or to give more details, you will also have to mention her plans to apply for PR. However, if not asked, there is no need to mention it because it will not have any bearing on her being evaluated for visitor status.

Having a Canadian husband and two Canadian children increases the chance that someone will not leave, statistically speaking. So you will really need to hammer away that this is a temporary visit. You cannot say she is coming to live with you or live in Canada. You could say she is coming for a few weeks to spend time with her family. Once she is inside Canada, she can file PR and then you can cancel the plane tickets. Be sure to extend her visitor status if necessary and explain to IRCC clearly that you are applying for inland sponsorship. Failure to explain this part can result in her visitor record being denied and she will have to leave or apply for restoration of status. (They don't say this but I've seen it happen quite a bit.)

I don't believe Japanese people need visitor visas. She should be able to get in on an ETA.

 

[BNihon]

Thank you! I’ve been reading up on dual intent after your post. Very useful information.

 

[YVR123]

Maybe a straightforward question but one that I can’t find a clear answer about.

I’m planning to return to Canada after 17 yrs in Japan. I’ll be returning with my two minor children (both have citizenship and passports) and Japanese wife. When questioned by CBSA about our reason for arrival, is it fine for my wife to say that she is planning to apply for PR? Can she enter Canada on a visitor visa with the intent to apply for PR?

We’re thinking of starting the process outland but our timeline to return is next August and it seems very unlikely that the process will be complete before we leave Japan.

If you are planning to apply outland soon, you may be close to approval by the time you return in August. The timeline for approval is all over the place since there are still application started during COVID and when things were processed much slower.

At that point, she will be enter to visit but have already applied for PR (Not just "intent to apply". It's fine to enter with eTA and bring proof for the application.

 

[ChipmunkBean]

If you are planning to apply outland soon, you may be close to approval by the time you return in August. The timeline for approval is all over the place since there are still application started during COVID and when things were processed much slower.

At that point, she will be enter to visit but have already applied for PR (Not just "intent to apply". It's fine to enter with eTA and bring proof for the application.

Hello, my partner and I are having a similar situation. If we have applied outland, what can we show as the proof for the application when the applicant is entering Canada as a visitor? Should we present the AOR letter?

Thank you!

 

[Ponga]

Hello, my partner and I are having a similar situation. If we have applied outland, what can we show as the proof for the application when the applicant is entering Canada as a visitor? Should we present the AOR letter?

Thank you!

Yes, but you should also have evidence that your partner still has strong ties to their country (home, job, bank account(s), etc.). The CBSA may have concerns that if the sponsorship application is not approved, your partner will stay in Canada.

The AOR stage is probably rather meaningless in the eyes of CBSA, since it only means that the sponsorship application has been received by IRCC; nothing has been started in terms of processing the applicatons (Application to sponsor [your application] and your partner's application for PR. Once an applicant reaches the AIP stage (Approval in Principle), that probably lowers the concerns with the CBSA officers somewhat.