Sponsoring spouse - Fastest route to get spouse into Canada

[naveenkosuru]

Hello,

I am a Canadian PR holder and my girl friend is in India. Please suggest me your advise and your rationale behind.
Plan A - Go to India, marry her, sponsor her. I am hesitating this plan as it takes a lot of time to get her to Canada. Expecting 1 year to bring her on PR.
Plan B - Apply tourist visa for her, get her here, marry here in Canada and then apply for PR with in Canada. I am strongly willing to execute this plan as this seems fastest way.

If anyone has other options open, please share....

Naveen

 

[profiler]

Hello,

I am a Canadian PR holder and my girl friend is in India. Please suggest me your advise and your rationale behind.
Plan A - Go to India, marry her, sponsor her. I am hesitating this plan as it takes a lot of time to get her to Canada. Expecting 1 year to bring her on PR.
Plan B - Apply tourist visa for her, get her here, marry here in Canada and then apply for PR with in Canada. I am strongly willing to execute this plan as this seems fastest way.

If anyone has other options open, please share....

Naveen

Plan A and Plan B both are supposed to have the same duration of time by December of this year, in terms of completing the PR process. Folks who applied inland in March of 2016 are presently landing. So, both will take about a year to complete the PR process.

Plan B does allow her to come and stay here, while they process. Assuming your plan is to apply inland (if she is in Canada), a couple things to note:
- She should have some travel history before she applies for a Visitor visa. There is a high chance that she will be refused because of no travel history.
- You cannot leave Canada once you apply for her PR, as you are a PR in Canada and not a Citizen. This is a rule to the sponsorship process.

 

[Jiro]

Plan B also has some risk. The immigration officer at the entry may refuse her entry even if she holds a visa. This is based on the rule of dual-intent. You must have proof that there are plans for her to return to her home country, even though you are planning to apply for PR.

Obvioulsy, IRCC's preference is for everyone to go by Plan A.

 

[profiler]

Plan B also has some risk. The immigration officer at the entry may refuse her entry even if she holds a visa. This is based on the rule of dual-intent. You must have proof that there are plans for her to return to her home country, even though you are planning to apply for PR.

Obvioulsy, IRCC's preference is for everyone to go by Plan A.

That's if she has travelled after the application has been made. Dual intent isn't illegal. Just be prepared to show strong proof that she will return home. Though, if she remains with the OP (because he can't leave Canada), this is a moot point....

 

[Jiro]

That's if she has travelled after the application has been made. Dual intent isn't illegal. Just be prepared to show strong proof that she will return home. Though, if she remains with the OP (because he can't leave Canada), this is a moot point....

I understand dual-intent is not illegal. But my interpretation of that rule was that an applicant cannot seek entry into the country for the express purpose for applying in-land for PR. There needs to be another purpose of the visit with an exit date coupled with the intent to apply for PR.

 

[profiler]

I understand dual-intent is not illegal. But my interpretation of that rule was that an applicant cannot seek entry into the country for the express purpose for applying in-land for PR. There needs to be another purpose of the visit with an exit date coupled with the intent to apply for PR.

http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp

"
A22(2) states “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.” Dual intent is present when a foreign national who has applied for permanent residence in Canada also applies to enter Canada for a temporary period as a visitor, worker or student. Dual intent on the part of the applicant is therefore not prima facie grounds for refusal of temporary resident status.
"

If the OP's partner enters Canada without having an application for PR in play, then she is only seeking Temporary Residency (Visitor). Until she files for a PR. If she files for a PR and attempts to re-enter Canada, then they will assess her at that time for dual intent, because she will be seeking Temporary Residency (Visitor, Worker (if the OP applies for an OWP as well)), as well as having the PR application in play.

Further down that link explains how the CBSA will assess the dual intent:

"
In assessing an application for temporary residence an officer may also consider factors such as:

- the length of time that the client will be spending in Canada;
- the means of support;
- obligations and ties in the home country; and
- compliance with requirements of the IRPA and Regulations applicable to temporary residents (visitors, students and workers).
"

If she is able to demonstrate the above (as an example), then they would have no grounds to refuse. That said, again, she would have to be travelling alone, as the OP is a PR of Canada, not a citizen..

People do cross the border, and are assessed for dual intent everyday. Many of them are permitted without issue.

Additionally, to your point about authorised stay, if the OP did file for an OWP, the PA would be permitted to remain until the end date of the permit...

 

[Jiro]

I think we are reading the rules differently but coming to the same conclusion. That first line stating that the officer will need to be satisfied that they will leave Canada by the end for the period authorized for their stay. So that means OP's girlfriend cannot come on a one-way ticket and tell the officer that she is applying for PR after getting married in Canada.

 

[profiler]

I think we are reading the rules differently but coming to the same conclusion. That first line stating that the officer will need to be satisfied that they will leave Canada by the end for the period authorized for their stay. So that means OP's girlfriend cannot come on a one-way ticket and tell the officer that she is applying for PR after getting married in Canada.

No? Because my wife did actually do just that.

Until there is a PR application in play, there is no "intent" to become a PR. The intent starts when an actually application has been filed. Who's to say she doesn't like Canada, and returns home? It's like filing an application for PR as "Married" with a Marriage License, not a Certificate. Therefore, entering on a one-way ticket and telling the officer that she will be applying for a PR will trigger an examination, sure, but doesn't mean they will necessarily refuse.

In the case of my wife, she was already married, and told CBSA that she was, "here to be with her husband." Entering on a Visitor visa, and a one-way ticket. They talked to her for a bit, so she understood that she needed to file for a PR, stamped her passport with 6 months validity, and sent her on her way.

 

[Jiro]

Therefore, entering on a one-way ticket and telling the officer that she will be applying for a PR will trigger an examination, sure, but doesn't mean they will necessarily refuse.

That's my point. They will not necessarily refuse, but OP's GF has a risk of being turned away.

 

[profiler]

That's my point. They will not necessarily refuse, but OP's GF has a risk of being turned away.

Back to my original point, unless the OP's GF plans to travel alone, it's a moot point, as she can't travel with him -- he has to stay here, or the application will be refused.

 

[Rsquare]

- You cannot leave Canada once you apply for her PR, as you are a PR in Canada and not a Citizen. This is a rule to the sponsorship process.
[/quote]


Let's clarify this statement as this has been an ongoing debate for many years since this forum began (and a source of confusion). If the phrase "cannot leave Canada" means not being able to travel outside Canada", then here is my take on this.... Technically, as a Sponsor who is a PR, nothing is stopping you from leaving as long as you don't abandon your residency (you must prove to the visa officer that from the time you physically left Canada, your intention is only for short visits). Those short visits away from Canada wont affect the application of the Principal Applicant (inland). There is no statute that explicitly states a PR who is sponsoring a spouse (inland) cannot travel outside Canada (crossing the border for a day or two or even a week wouldnt be an issue). But travelling outside for long periods of time (months) does open the Sponsor and the PA for questioning.

If I am wrong in this {and there is actually a specific and clear statute that PRs cant leave Canada (i.e. travel for short periods of time) while inland sponsorhip is being processed} please let me know.

Thanks goodluck on everyone's application. All the best

 

[profiler]

www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf Pg 15-16, Section 5.10, Table 9.

IRPR R130(1): laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-24.html#h-72 :
"
130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

(a) is at least 18 years of age;

(b) resides in Canada; and

(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.
"

To further that point, a quick google search will net you a raft of applicant reporting refusals or procedural fairness letters stating that the officer was not satisfied that they met R130(1)(b) because they left Canada (even for a few days).

 

[Rsquare]

I am very aware of the statute you just quoted. But that is precisely my point...as long as residency is not abandoned (the PR continues to reside in Canada) and only makes short visits, then the PR can technically leave for short periods of time without affecting the inland application. The phrase "resides in Canada" cannot be oveturned by mere days outside Canada unless the PR explicitly gives up that status.

The ones you mentioned that have been rejected (sent letters of refusals) are those that did not satisfy the retention of their PR status (lacking letters that vacation was granted by employment, spent too long outside Canada, etc). That is why i am asking for an explicit rule that no short visits outside canada is allowed for sponsors who are PRs. There is none. I have yet to read any PR sponsor who was gone only for a few days and was suddenly denied the sponsorship of an inland spouse. While I do not want to invalidate the experiences of others, I have three friends (PRs sponsoring inland spouses) who frequented the US - Canada border, and travelled/flew to the UK/Mexico/Philippines weeks at a time but never had an issue (the inland spouses have "landed" just a few months ago ). I do know of someone though who was gone for three months and was questioned -- so they had to prove that there was no abandonment. After submitting the papers, the inland application went through. i just refuse to believe that Canada is so draconian that a few days vacation of a PR would jeopardize an inland application. However, I do agree with those who have said, "keep the vacations as short as possible" because it may open a can of worms.

I guess a clarification of how liberally or conservatively construed the government interprets this statute for PRs is needed since there are conflicting experiences.

 

[tunay]

I have very much similar case, and luckily I found this has already been inquired here, thanks.
Again I have some more questions to you the guys who have a good perspective in all this.

1. I am a PR from March 2016.

2. I am married on October 2017, with the woman I was dating, living together for last 4 years.

3. We will apply for PR for her under family sponsorship category.

4. She is Moldovan, on a Romanian passport and residence.

THE PLAN is as below:
5. Apply for a visitor visa, with a 6 months return ticket dated after December 2016 (Romania will be free of visa processing by December 2017), and there will be 9 months of private health insurance.

6. The question is: which one is favorable application type, INLAND or OUTLAND???

7. If INLAND is the good choice, is it OK to place the application while she is not in Canada yet, but assuming that she will be in Canada on a Visitor visa with in the following 2 months period, where application for OWP has already been placed? Aware of the risks that CBSA may not allow her, or she has to apply for a visa because of period granted is expires before December 2017.?

MY STATUS:
8. I will have tax return for 2016 with zero income, since I practically moved to Canada MArch 2017, besides I am not having a social assistance or applied for such, and living on my savings and on the earnings from the part time jobs I am performing at the moment.

9. We can put just a few grants on my wife's bank account for her Visitor visa application.

10. I have no permanent work at the moment, Taking the fact that I've moved to Canada just 2-3 months ago into the consideration, I presume CIC will process, both the Visitor visa and the Spousal Sponsorship applications, positively unless status my work and financial status doesn't get worse? I need your opinions and recommendations about this?

11. I have an apartment rental contract where 4 months paid up-front already.

In short:
A. INLAND or OUTLAND application is favourable type of application, even if the sponsored will not be available in Canada by the time the application is placed, where as she will be available 2 months later?

B. What are your opinions about processing of -both- Visitor Visa for 6 months and Spousal Sponsorship applications under the financial and employment status I have explained under Line 10? What would you recommend to avoid any fail in the applications?

 

[jawah]

I have very much similar case, and luckily I found this has already been inquired here, thanks.
Again I have some more questions to you the guys who have a good perspective in all this.

1. I am a PR from March 2016.

2. I am married on October 2017, with the woman I was dating, living together for last 4 years.

3. We will apply for PR for her under family sponsorship category.

4. She is Moldovan, on a Romanian passport and residence.

THE PLAN is as below:
5. Apply for a visitor visa, with a 6 months return ticket dated after December 2016 (Romania will be free of visa processing by December 2017), and there will be 9 months of private health insurance.

6. The question is: which one is favorable application type, INLAND or OUTLAND???

7. If INLAND is the good choice, is it OK to place the application while she is not in Canada yet, but assuming that she will be in Canada on a Visitor visa with in the following 2 months period, where application for OWP has already been placed? Aware of the risks that CBSA may not allow her, or she has to apply for a visa because of period granted is expires before December 2017.?

MY STATUS:
8. I will have tax return for 2016 with zero income, since I practically moved to Canada MArch 2017, besides I am not having a social assistance or applied for such, and living on my savings and on the earnings from the part time jobs I am performing at the moment.

9. We can put just a few grants on my wife's bank account for her Visitor visa application.

10. I have no permanent work at the moment, Taking the fact that I've moved to Canada just 2-3 months ago into the consideration, I presume CIC will process, both the Visitor visa and the Spousal Sponsorship applications, positively unless status my work and financial status doesn't get worse? I need your opinions and recommendations about this?

11. I have an apartment rental contract where 4 months paid up-front already.

In short:
A. INLAND or OUTLAND application is favourable type of application, even if the sponsored will not be available in Canada by the time the application is placed, where as she will be available 2 months later?

B. What are your opinions about processing of -both- Visitor Visa for 6 months and Spousal Sponsorship applications under the financial and employment status I have explained under Line 10? What would you recommend to avoid any fail in the applications?

I'm curious as to how this worked out.