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Visiting Canada while applying for PR (outland to inland)

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Anatole

Member
Oct 15, 2018
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Hi folks,

I've applied to sponsor my South Korean spouse for Permanent Residency (PR). I'm in Canada, my spouse is in Seoul and, after over 6 months apart, we're tired of living long-distance. I'd like to bring her to Canada as a visitor while the PR process is ongoing.

I know there's risk involved; she needs a notarized letter of invitation with finances, return date and accommodation listed. And there's the danger of getting the ETA rejected or being turned away by the border guard. Has anyone been through this sort of thing before? Any tips to share?
 
Anatole said:
Hi folks,

I've applied to sponsor my South Korean spouse for Permanent Residency (PR). I'm in Canada, my spouse is in Seoul and, after over 6 months apart, we're tired of living long-distance. I'd like to bring her to Canada as a visitor while the PR process is ongoing.

I know there's risk involved; she needs a notarized letter of invitation with finances, return date and accommodation listed. And there's the danger of getting the ETA rejected or being turned away by the border guard. Has anyone been through this sort of thing before? Any tips to share?
Click to expand...

Hi

You are way overthinking this. There is pretty much no risk. She doesn't need a notarized letter and there is little chance of the eTA being refused or her being refused entry.
 
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Anatole said:
Hi folks,

I've applied to sponsor my South Korean spouse for Permanent Residency (PR). I'm in Canada, my spouse is in Seoul and, after over 6 months apart, we're tired of living long-distance. I'd like to bring her to Canada as a visitor while the PR process is ongoing.

I know there's risk involved; she needs a notarized letter of invitation with finances, return date and accommodation listed. And there's the danger of getting the ETA rejected or being turned away by the border guard. Has anyone been through this sort of thing before? Any tips to share?
Click to expand...
It is called 'dual intent' and is pretty common. Some useful advice here:

https://britishexpats.com/wiki/Spou...y_application_is_being_processed:_Dual_Intent
 
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Anatole said:
Thanks, that is quite helpful. And more complicated than I had hoped, but it's good to know. I'm seeing a lawyer tomorrow and will ask them about dual intent too.
Click to expand...

Don't waste your money on a lawyer. Seriously, it is not complicated. She just comes here and says "I'm visiting my spouse." That's it. She is not going to be denied entry or given a hard time.
 
canuck_in_uk said:
Don't waste your money on a lawyer. Seriously, it is not complicated. She just comes here and says "I'm visiting my spouse." That's it. She is not going to be denied entry or given a hard time.
Click to expand...
As I understand it, it's a little tricky; she has to demonstrate access sufficient funds and a return trip, plus they're going to judge ties to Canada vs ties to her home country. Dual intent is a little involved according to the link above. And then we'd need to change our status from applying outside Canada to applying inside. I agree, I'd rather not involve the lawyer, but the last thing I want is for her to fly 13 hours here and then get turned away... since it's up to the border guard. Anyhow, crossing my ts.
 
Anatole said:
As I understand it, it's a little tricky; she has to demonstrate access sufficient funds and a return trip, plus they're going to judge ties to Canada vs ties to her home country. Dual intent is a little involved according to the link above. And then we'd need to change our status from applying outside Canada to applying inside. I agree, I'd rather not involve the lawyer, but the last thing I want is for her to fly 13 hours here and then get turned away... since it's up to the border guard. Anyhow, crossing my ts.
Click to expand...

I will say it again: it is not complicated. Pretty much no one with a spousal sponsorship app in process is ever refused entry to Canada. I've been on this forum for years and have never seen it. My partner came to Canada halfway through and had zero issues. CBSA knows that there is little chance of the sponsorship app being refused and therefore no point in refusing entry. They likely will not even ask for proof of funds, let alone proof of ties to her home country. As for dual intent, you don't actually do anything for it.

An application can't be changed from outland to inland. It will remain outland and be processed in Manila.
 
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canuck_in_uk said:
I will say it again: it is not complicated. Pretty much no one with a spousal sponsorship app in process is ever refused entry to Canada. I've been on this forum for years and have never seen it. My partner came to Canada halfway through and had zero issues. CBSA knows that there is little chance of the sponsorship app being refused and therefore no point in refusing entry. They likely will not even ask for proof of funds, let alone proof of ties to her home country. As for dual intent, you don't actually do anything for it.

An application can't be changed from outland to inland. It will remain outland and be processed in Manila.
Click to expand...

I appreciate your taking the time to respond, and I'm glad your spouse had no trouble. I'm just going to say what the lawyer said, so other people don't have to spend the cash. She said that people do get turned away without paperwork. It may have a lot to do with where you're coming from, language ability, whatever internal biases the customs officer has. Anyhow, it's true that they shouldn't look for reasons to turn anyone away, as long as the spouse can provide a notarized letter showing:
  • where your spouse is staying
  • how s/he will be paid for
  • a return ticket proving that they'll be leaving
  • + a copy of the PR application itself
The lawyer said that with those things, it'll most likely go smoothly. Without those things, I'd be taking my chances.

I'll try to provide an update once we go through the process.

Cheers!
 
Anatole said:
I appreciate your taking the time to respond, and I'm glad your spouse had no trouble. I'm just going to say what the lawyer said, so other people don't have to spend the cash. She said that people do get turned away without paperwork. It may have a lot to do with where you're coming from, language ability, whatever internal biases the customs officer has. Anyhow, it's true that they shouldn't look for reasons to turn anyone away, as long as the spouse can provide a notarized letter showing:
  • where your spouse is staying
  • how s/he will be paid for
  • a return ticket proving that they'll be leaving
  • + a copy of the PR application itself
The lawyer said that with those things, it'll most likely go smoothly. Without those things, I'd be taking my chances.

I'll try to provide an update once we go through the process.

Cheers!
Click to expand...

Lawyers like that really annoy me. A notarized letter is pointless. It does not prove anything more than what a person can just say. People really don't get turned away in this situation, even without paperwork or a return ticket. CBSA understands that there is little point in refusing entry when the person will just be returning as a PR in a few months anyways.
 
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