TRV application with Dual Intent BEFORE PR application *long post*

[jeans22]

First of all, I just want to let you all know that this forum is probably the best thing that ever happened to people who are seeking advice and information with regards to the very complicated process of acquiring a visa, whether it be temporary or permanent. Thank you very much to all those who share their thoughts and points of view in this forum. I have gained much knowledge because of this. However, I still have questions that I am having a hard time finding answers to. So once again, I kindly ask for your invaluable opinion.

Here is my story - I am from the Philippines and I previously was employed in the US working on board cruise ships. This is where I met a beautiful Canadian girl whom I fell madly in love with and is now my fiancee. She is from Toronto Canada and we have been together for just over three years. Our plan is to get married in Canada and apply for a PR once I am there. We thought about getting married in the Philippines and doing a PR application outland but it is hard for her to leave Canada and visit me here because of work and quite frankly, it's too expensive. And if we decide to go ahead and apply for a PR under the Conjugal Partner Sponsorship and not get married... chances are slim to none, correct?

So here comes our first hurdle, renewing my TRV. I was issued a TRV last year and used it twice to come and visit her and her family in Toronto. Unfortunately, as I was in the process of preparing my documents to renew my visa, I lost my job in the US. Nevertheless, I still continued to prepare my TRV application with supporting documents (ie. my bank account statements, my fiancee's bank account statements and invitation letters from her and her father) which I thought would be enough. And since I already got a TRV last year and used it, and most importantly, I did not violate the extent of my stay when I came to visit... I said to myself how hard can it be to get another one. Well, I thought wrong... to both mine and my fiancee's horror, I was refused a second TRV with a generic letter of refusal. But we did not lose hope. As I scour this forum for helpful information and comfort, I stumbled upon "Dual Intent". Upon learning about this, I plan to once again take my chances and apply for a TRV.

Here's my next step - I plan to go to my friend's house in Akron, Ohio and do a walk-in application in Detroit hoping that I'd get lucky going through the US Consulate. Plus, Ohio is not that far from where my fiancee lives so she can come down and visit during the weekend while I'm there.

Now with this new application, I plan on going through the process of Dual Intent. Here's my inquiry. Please correct me if I'm wrong with my understanding of this legislation. Can I apply for a TRV with Dual Intent BEFORE I apply for an Inland PR application? Most of the threads I've read here concerns Dual Intent AFTER a PR application. I've read OP11 as well but couldn't find certainty on whether or not it is possible to use Dual Intent before a PR application. I understand that I still need to prove that I have all the intention of leaving Canada if and when my Inland PR Application or a request for extension is refused. Therein lies my dilemma... how to prove strong ties to my country of residence. I don't have a job nor do I own properties. The only proof I can show is my bank statements (I have a little over $5000) and a personal letter addressed to the IO stating that I recognize and understand the law enough to know that the last thing I ever want to do is to dishonor my relationship with my fiancee, her parents (her father is a police officer, by the way), and most importantly, to Canada by disrespecting the terms and conditions of my temporary residence. Will this be enough? I sure hope so! I'm also taking into consideration that since I'm pointing out that I DO have the intention of NOT leaving then maybe the IO will look at my TRV application with more flexibility?

In support with this application, I plan to include drafts of my Inland PR Application Forms (IMM5002E, IMM1344EA, IMM1344B, etc.), a draft of my OWP request (Form IMM1249E) that will be processed with AIP, detailed information about the chapel on where we plan to do our wedding, receipt of her wedding dress, pictures of the engagement and wedding rings, letters of support, etc. Hopefully in doing so will persuade the IO that this entire plan was not thought of overnight instead was meticulously planned and had undergone a lot of thought process.

Ultimately, God willing, I'll be granted a TRV and will now be able to come be with my future wife and start preparing for our next obstacle... the Inland PR Application with OWP.

Wow... I didn't expect this post to go as long as it already is. But I guess I was subconsciously looking for a place to vent out my emotions. And I found it. To those who are reading this and to those that'll be sharing their thoughts and voicing out their opinions, I cannot stress this enough but my heartfelt gratitude goes out to you and your family. If you are in the process of getting a Canadian Visa, whether it be temporary or permanent, I wish you and your family all the best and may we all find happiness after this emotionally draining ordeal.

Really looking forward to your viewpoints and conclusions with regards to this. If there are any clarifications needed with any information presented here, please do not hesitate to let me know and I will clarify this to the best of my knowledge.

Once again, thank you.

 

[gillespiedc]

Hello Jeans,

I received your private message but thought it better to reply here so perhaps there will be further feedback or verification of my comments. Let me start by saying that I am also new to the immigration process. The TRV my wife and step daughter were just granted is the second time I have gone through the process (and the most difficult because I no longer have an employer in China where I live).

When I posted my invitation letter for critique on this forum (the one you referenced in your letter to me) I was in a place where I was doing two things wrong. And thanks to the feedback here I eventually woke up! First, I was trying to satisfy the needs of TRV and PR in the same letter.... WRONG! If you are applying for a TRV then focus strictly on presenting your case for that and don't start into your life-long plan. Second, I was preparing the letter and the application from my point of view as a sponsor or invitor rather than from my wife and daughters (the applicants). I was going on and on about how long we knew each other, how I wanted them to have a good life in Canada, and so on. All the while forgetting that all the immigration officer wants to know is that they will obey the rules of the TRV.

Six months is a long time. Focus on getting that period approved with rock solid evidence you intend to leave (who knows, you and your fiance might break up!). When you get the TRV, get on applying inland PR asap, as we intend to do, and go from there.

Bottom line, don't put the cart before the horse and present your case as clearly as you can in 100 words or less (preferably less).

Best of luck and look forward to hearing how it all goes.

Doug

 

[Leon]

Like you said, your number 1 problem is supporting that you will return home after your "visit". If you tell them when you apply for your TRV that you are planning on staying in Canada and apply for your PR inland, then you are basically saying that you are not planning on leaving Canada after your "visit" and therefore they should by their own rules not issue you a TRV.

You can still try to apply for a TRV by showing stronger ties and reasons for why you would leave after your visit. If you get it, then you can get married and apply inland. If you don't get it, let her come to the US and marry you there and then she can sponsor you outland.

 

[jeans22]

Thank you very much, Leon and gillespiedc for taking time and reading my post. I appreciate your feedback very much! To Leon, that is actually our backup plan. If I am once again refused a visa, we plan on getting married and just applying outland. But Leon, I was just wondering. Can I try to use the Dual Intent clause here even if I'm applying for a TRV before applying for a PR?

What a painful ordeal this is... to be away from your loved one without the certainty of being with her any time soon. I'm sure a lot of you can relate to this.

Once again, thank you very much for all your opinions and suggestions. They are most welcome!

 

[Leon]

Dual intent will not help you unless you can prove to them that you will leave at the end of your visit. Spouses doing outland are often refused a TRV inspite of citing dual intent.

 

[jeans22]

Thank you very much for the clarification, Leon! It is very much appreciated!

 

[tink23]

I have a question. My boyfriend got a TRV from the Santo Domingo visa office in Dominican Republic in October 2010. We plan to get married in the summer of 2012 and apply for PR to Canada. Before doing this, we wish to apply for a multiple entry visitors visa to Canada so he can come to visit me when I move back to Canada after our wedding.... however, with this dual intent, I´m confused where this would be written in.... One of the questions for TRV states something like: " Do you plan on looking for work or remaining in Canada." (something along those lines) and you are to answer yes or no. Would the response be "No" because while on the TRV he doesnt plan on staying in Canada because of course we wouldnt want to do ANYTHING that would negatively effect his PR... or would we have to say "yes" because eventually when he gets his PR that he would obviously be living in Canada... We would be applying for PR outland (most likely) through the Santo Domingo, DR office...
Im hoping since he already had a TRV to Canada that it would make it mroe likely for him to get another one.... and we can submit the same proof that I too live in DR (even though I will be moving back to Canada in summer 2012)... thanks for your input.

Tink

 

[canadianwoman]

I'd say 'no': he does not intend to stay in Canada past the date of expiry of the TRV. If he puts 'yes' he'll most likely be refused. If he intends to visit you several times, and each time go back to the DR within the time limit given, and will go back there to wait for his PR visa, it is not 'dual intent' anyway. Dual intent is when the applicant comes to Canada on a TRV, fully intending from the beginning to apply inland and stay until granted a PR visa, for example.

 

[tink23]

Ok, thanks for the clarification. Santo Domingo, DR just posted their first spousal PR timeline and it says a ridiculous 22 months, so maybe it would be better to apply inland... However I feel like there would be less chance on getting the TRV if he said he had dual intent to apply PR inland and stay... I guess we´ll have to weigh our options. Thanks again.

 

[canadianwoman]

"Dual intent" is allowed under Canadian regualtions, but in practice it doesn't usually seem to work. People who openly admit on their TRV application that they will apply inland once in Canada are usually refused a TRV. I wouldn't admit he was thinking of applying inland on the TRV application.

 

[tink23]

Thanks, Canadianwoman.

We´ll keep all of your advice in mind... we´ve got a lot of time before we´ll have to do it all.

 

[moyrzg]

Pls i also need help in
my case. I applie jst july 2011 for PR outland.

but i also need to apply TRV for songle entryto take the PEBC test on jan 2012.

this is dual intent but how do i prove and get my visa with this.???
my application is with common law
partner.
how do make
my outline and
convince officer
i do intend to
come back??

 

[tink23]

Pls i also need help in
my case. I applie jst july 2011 for PR outland.

but i also need to apply TRV for songle entryto take the PEBC test on jan 2012.

this is dual intent but how do i prove and get my visa with this.???
my application is with common law
partner.
how do make
my outline and
convince officer
i do intend to
come back??

I don't believe this is dual intent as you have already submitted your application for PR OUTLAND. As Canadianwoman stated previously, dual intent is when you are coming on a TRV to Canada and you INTEND to stay in Canada and applying INLAND for PR. So in your case it is not dual intent, so just say you are coming for that test or whatever and that you plan to go back to your country and wait out the PR visa. Show all your proof that you have that can prove that you have things to return to in your country... maybe it is also good to show that your application for PR has been submitted OUTLAND and so no matter what you will have to return to your country to get your PR visa in your passport.
But I'm 99% positive that in your case this is not dual intent as you're not staying in Canada on the TRV.... you will be returning later to live with a PR.

 

[rjessome]

Dual intent is when the applicant comes to Canada on a TRV, fully intending from the beginning to apply inland and stay until granted a PR visa, for example.

No, this interpretation is incorrect. Dual Intent - Section 22(2) of Immigration and Refugee Protection Act (IRPA) 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 indicates maintaining two kinds of intention. One intention is to immigrate at some time in the future and the other intention is to properly and currently maintain the non-immigrant status.

So in fact, the perfect example of where dual intent would be applied by a Canadian Visa Office is where the applicant CAN prove that despite having a PR application in process, they are applying for a TRV just to visit and fully intend to leave Canada at the end of the visit (period authorized for their stay).

If someone advises CIC when applying for a TRV that once they get to Canada they are getting married and going to apply for PR via the In Canada Class spousal sponsorship route, I guarantee you they will be refused the TRV. There is no dual intent here. There is only one intention and that is to STAY.

 

[moyrzg]

No, this interpretation is incorrect. Dual Intent - Section 22(2) of Immigration and Refugee Protection Act (IRPA) 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 indicates maintaining two kinds of intention. One intention is to immigrate at some time in the future and the other intention is to properly and currently maintain the non-immigrant status.

So in fact, the perfect example of where dual intent would be applied by a Canadian Visa Office is where the applicant CAN prove that despite having a PR application in process, they are applying for a TRV just to visit and fully intend to leave Canada at the end of the visit (period authorized for their stay).

If someone advises CIC when applying for a TRV that once they get to Canada they are getting married and
going to apply for PR via the In Canada Class spousal sponsorship route, I guarantee you they will be refused the TRV. There is no dual intent here. There is only one intention and that is to STAY.

yesi agree my case is dual intent. but as all people say this is only in theory those that apply really get rejected......
today i received my mail by post my seat no. tests and id fro my pharmacy pebc equivalency test....
but i never applied for my visa ti take the test.
i will wait till my pr decision comes so as not to have to anxieties.....
i am anxiousfro my pras they never even process it yet. still rbvo and ecas says: we received your applicarion on july 11.


i will maybe just frame my cert as token that i made it to document evaluation and they recognized my profession to take the test... who knows nxt yr god willing i am able toget my pr( me and my partner)

pls make it by eary 2012....