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Want to apply for Dual Intent spousal Visitor Visa April 2022

akgr

Newbie
Aug 16, 2019
5
0
Hi friends, we have applied for outland sponsorship PR from India for my daughter-in-law on March 16 through the online portal. Yet to receive AOR. We also want to apply for dual intent visitor visa for her. What are the chances of visitor visa approval? And when we should apply for it, after receiving AOR or now?
 

scylla

VIP Member
Jun 8, 2010
95,837
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello , Is there any update ? We got rejection twice for dual intent visitor visa for my wife.
If you already have two refusals, then there's unfortunately no point in applying again and wait for the spousal sponsorship application to be processed. You want to avoid having too many refusals.
 

prakhyyy

Star Member
Feb 25, 2022
146
51
Toronto
Category........
Other
If you already have two refusals, then there's unfortunately no point in applying again and wait for the spousal sponsorship application to be processed. You want to avoid having too many refusals.
I didnot ask if i should apply again , I am asking the person if they have any update .
 

prakhyyy

Star Member
Feb 25, 2022
146
51
Toronto
Category........
Other
Hey @akshayar640 , Yes i have GCMS for my first application which mentioned strong ties to Canada and purpose of visit, actually there is no detailed information in GCMS too . Officer thinks the applicant will not leave at the end of the trip.
 

akshayar640

Full Member
Jan 16, 2018
36
9
Hey @akshayar640 , Yes i have GCMS for my first application which mentioned strong ties to Canada and purpose of visit, actually there is no detailed information in GCMS too . Officer thinks the applicant will not leave at the end of the trip.
Thats crazy. I've seen applications being approved with almost little to no proof. At this point I guess its just luck.
 

prakhyyy

Star Member
Feb 25, 2022
146
51
Toronto
Category........
Other
Thats crazy. I've seen applications being approved with almost little to no proof. At this point I guess its just luck.
I think its purely luck, My second application was after submitting Spousal sponsorship and have provided strong documents and strong invitation letter explaining everything . I dont see a good reasons for refusal , but they stated that my wife does not have any "significant" family outside canada, They freaking ignored every part where i mentioned family ties to home country . another reason was "inconsistent purpose of visit" - maybe addressing dual intent was problem ? . Any how i have ordered GCMS again and now waiting for spousal. Bad thing is I cannot go to home country to visit my wife as i dont have vacations and the spousal takes forever . crazy IRCC!!
 
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armoured

VIP Member
Feb 1, 2015
17,254
8,870
another reason was "inconsistent purpose of visit" - maybe addressing dual intent was problem ?
Yes - zero evidence that mentioning dual intent helps, considerable evidence (I think) that it is actively a problem.

And it's pretty obvious why: by mentioning dual intent, you are TELLING IRCC the spouse wants to remain in Canada forever.

Short form: 'dual intent' language is for lawyers. If you're not a lawyer, don't use that term.

All this my opinion only.
 
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prakhyyy

Star Member
Feb 25, 2022
146
51
Toronto
Category........
Other
Yes - zero evidence that mentioning dual intent helps, considerable evidence (I think) that it is actively a problem.

And it's pretty obvious why: by mentioning dual intent, you are TELLING IRCC the spouse wants to remain in Canada forever.

Short form: 'dual intent' language is for lawyers. If you're not a lawyer, don't use that term.

All this my opinion only.
Well In my application , we did not mention word "dual intent" anywhere ,
Our purpose of visit in short was " spousal Sponsorship has been applied and as per IRCC website it takes 24 months and would like to visit my spouse for 3 weeks as he doesn't have vacations at work to visit me " .
 

akshayar640

Full Member
Jan 16, 2018
36
9
I think its purely luck, My second application was after submitting Spousal sponsorship and have provided strong documents and strong invitation letter explaining everything . I dont see a good reasons for refusal , but they stated that my wife does not have any "significant" family outside canada, They freaking ignored every part where i mentioned family ties to home country . another reason was "inconsistent purpose of visit" - maybe addressing dual intent was problem ? . Any how i have ordered GCMS again and now waiting for spousal. Bad thing is I cannot go to home country to visit my wife as i dont have vacations and the spousal takes forever . crazy IRCC!!
I can understand your pain, bud. I've heard you can appeal a decision using webform (read about it in this forum somewhere) in case you haven't thought about it. And I don't know why mentioning dual intent would be a problem. If anything, I thought that helped the application. I just don't get IRCC sometimes man, they are so inconsistent. Sometimes I don't think they know how much an application means for the applicant's family and not just a bunch of forms.
 

armoured

VIP Member
Feb 1, 2015
17,254
8,870
The operational bulletin is an internal document that has been shared. It says right at the top: "This section contains policy, procedures and guidance used by IRCC staff."

Yes, it also says "It is posted on the department’s website as a courtesy to stakeholders." 'Courtesy' does not mean that it's a good idea for you to use the term.

So - again, in my opinion, this provides instructions to IRCC staff what they can and cannot do when rejecting an application. If you do not understand this, you do not have the requisite experience in law or administration to understand the context.

Because of dual intent, they cannot write their reason for refusal that "Refusing because the applicant has applied for PR and intends to remain in Canada." That will be subject to challenge by appeal, and it will be lost on appeal.

The part to pay attention to is this: "The possibility that an applicant for temporary residence may, at some point in the future, be approved for permanent residence does not absolve the individual from meeting the requirements of a temporary resident, specifically the requirement to leave Canada at the end of the period authorized for their stay".

In other words, this means: do not refuse because they have applied to be a permanent resident. Refuse because of the temporary resident requirements. (Further down there are instructions on what things to consider, i.e. what things are acceptable reasons for refusal).

This is very clear guidance to officers about how to refuse; it is not at all a suggestion that because the concept exists that it is a good idea to raise it. (The rest of the document does give good info on how to demonstrate that you will leave Canada when required)

Now, note: I am not claiming that dual intent is not a real thing, nor that some do not get approved, nor that IRCC officers are evil, etc.

But I am saying using a lawyerly term intended for internal use is going to telegraph that the priority and intent is to come to Canada to remain in Canada. That impression will, if anything, not help your application, but harm it. Leave its use to lawyers.

My opinion only. If you wish to ask a lawyer, by all means.

If you'd like an analogy (an imperfect one as with all analogies): roughly speaking, you do have a right to remain silent with the police - but if a police officer addresses you and before they even ask a question you say "I have the right to remain silent", it's going to telegraph that you feel guilty. (Warning, partly because that phrasing is clearly copped from USA tv shows and apart from telegraphing potential guilt, shows you are informed by tv shows and don't know Canadian legal context...)
 
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akshayar640

Full Member
Jan 16, 2018
36
9
The operational bulletin is an internal document that has been shared. It says right at the top: "This section contains policy, procedures and guidance used by IRCC staff."

Yes, it also says "It is posted on the department’s website as a courtesy to stakeholders." 'Courtesy' does not mean that it's a good idea for you to use the term.

So - again, in my opinion, this provides instructions to IRCC staff what they can and cannot do when rejecting an application. If you do not understand this, you do not have the requisite experience in law or administration to understand the context.

Because of dual intent, they cannot write their reason for refusal that "Refusing because the applicant has applied for PR and intends to remain in Canada." That will be subject to challenge by appeal, and it will be lost on appeal.

The part to pay attention to is this: "The possibility that an applicant for temporary residence may, at some point in the future, be approved for permanent residence does not absolve the individual from meeting the requirements of a temporary resident, specifically the requirement to leave Canada at the end of the period authorized for their stay".

In other words, this means: do not refuse because they have applied to be a permanent resident. Refuse because of the temporary resident requirements. (Further down there are instructions on what things to consider, i.e. what things are acceptable reasons for refusal).

This is very clear guidance to officers about how to refuse; it is not at all a suggestion that because the concept exists that it is a good idea to raise it. (The rest of the document does give good info on how to demonstrate that you will leave Canada when required)

Now, note: I am not claiming that dual intent is not a real thing, nor that some do not get approved, nor that IRCC officers are evil, etc.

But I am saying using a lawyerly term intended for internal use is going to telegraph that the priority and intent is to come to Canada to remain in Canada. That impression will, if anything, not help your application, but harm it. Leave its use to lawyers.

My opinion only. If you wish to ask a lawyer, by all means.

If you'd like an analogy (an imperfect one as with all analogies): roughly speaking, you do have a right to remain silent with the police - but if a police officer addresses you and before they even ask a question you say "I have the right to remain silent", it's going to telegraph that you feel guilty. (Warning, partly because that phrasing is clearly copped from USA tv shows and apart from telegraphing potential guilt, shows you are informed by tv shows and don't know Canadian legal context...)
Thanks for the info
 

KinjalPandya

Full Member
Aug 10, 2017
27
2
Hello everyone,
We just received AOR for my husband's spousal sponsorship a week ago. My husband has refusal for Canada study visa twice in 2016 and for US in 2014. Will it have any effect on visitor visa or PR application or future applications with IRCC ?