Djdj9037

Hi there,
I was on here a few months ago asking about duel intent and what is the best way at going about the spousal sponsorship process. Little background I am an Irish citizen who is living in Ireland with my Canadian fiancee who is living here on a 2 year work visa. I met her in Canada over 3 years ago when I was over there on a 2 year work holiday from Ireland.
I had been told by people on this forum before that It would be possible to get married here in Ireland then move to Canada once she gets sponsor approval and start under duel intent until rest of application goes through.
This is one of our plans however with most of her family back in Canada and both of us prefering to have the wedding back there, we are wondering would it be possible to return to Canada get married and then me stay on appling for spousal sponsorship on my visitor visa and extending my start possibley even getting a open work visa.
Just wondering what people's suggestions are or what would be the best move for our circumstances.
Thank you so much for all your help.
Regards,
Dan.

Siouxie

If you have lived together for 12 consecutive months or more (and still are) then your fiance could sponsor you now as her common-law partner. Once she has received sponsorship approval, you could move to Canada under 'dual intent' or wait until you have the COPR issued and land as a PR. 'Outland' (meaning applying while you are both in Ireland) would be quicker, generally, than 'Inland'.

You can read more here: Spousal Sponsorship-Canada : British Expat Wiki

Djdj9037

That's what we had planned to do originally but we have ever had enough proof to show we have lived together for that long. That's why we decided to get married and apply through spousal sponsorship. However we are torn between having wedding here in Ireland, which would make more sense and make it more certain of getting into Canada on duel intent. However we both know we would prefer to marry in Canada and just stay on rather then go over there,marry and then have to return to Ireland to only return to Canada a short time later. If only it was easier haha.. We both just want to get bxack to Canada asap but don't want to rush our wedding for it either.

Former Lancastrian

Couldn't you just have 2 x weddings one in each country then problem solved?

Vulcanoid

Typical solution is to have a registry office wedding soon, then a party-ceremony when you want to, with the people you want there.

SchnookoLoly

Agree with the others, simplest option might be to just do a courthouse wedding in Ireland, start the sponsorship process, and then do your "proper" wedding in Canada later on when you can get the process started.

The other thing you can do is organize your wedding in Canada, but not stay after the wedding - that is, after the wedding, return to Ireland and then file after that wedding.

Engineer_abroad

+1. Don't even have to tell parents/in-laws if you don't want and then pretent the wedding in Canada is 'the wedding'. Know someone who kept the initial courthouse wedding a secret for 35 years.

Djdj9037

Hmm ok thank you for all the replies. We kind of thought that would be the best option. Civil marriage here in Ireland and then "proper" wedding over there when we finally move. I guess I was just seeing if going to Canada, getting married there on visitor visa but then quickly applying for spousal visa and getting an extension ony stay while visa is being processed. Also possibly getting a open work permit. Is this a crazy idea and too risky or is that even an option.
Thank you for all your help
Also if we did do it in Ireland and apply here, is it possible to travel to Canada once she gets sponsor approval and live in Canada under duel intent?
Cheers.

SchnookoLoly

It's not that you CAN'T enter as a visitor and then apply once you're married, it's convincing the border agent to actually let you in to do that. You can't enter under dual (not duel, hehe) intent until you've actually applied for sponsorship - you have no proof you're ACTUALLY going to apply, you could just choose to overstay, and obviously if you are coming over with no intention of going back, you run a huge risk.

So it COULD work, but it may not. No guarantees. That is why we always recommend applying for sponsorship from abroad BEFORE entering under dual intent. You still have to show that you'll abide by the limitations of a visitor visa, like not working and such, but it's much easier once you have concrete proof that you've filed an application. Make sense?

As for the work permit, you are only eligible for one if you apply inland, which means getting yourself to Canada first as a visitor and then applying. Once again, it's a risk, up t you if you want to take it. If you get married in Ireland, apply from there, and then enter under dual intent, you won't be eligible for the work permit, so you need to be prepared for a bit of unemployment and such.

Hope that helps!

Will_PA

I met my Canadian wife in the UK and we got married a few weeks before we left for Canada in September this year.

I appreciate there may be some small risk that CBSA agent will cause a fuss, but this is very small, imho.

Whether you marry in Ireland or Canada you'll still be in same situation at point of entry if you wish to apply inland.

I would suggest an inland application btw. Otherwise it's up to a year's wait for PR without a work permit. Outland has been slowing down I believe (others may correct me) and inland has been sped up to 12 months (but you get a work permit after 4 months).

If you want to move to and work in Canada asap, do a registry wedding and apply inland. Prepare your application now. Buy a return ticket back to Ireland. If CBSA dig, explain you're coming as a visitor and will leave when required. You'll be applying for PR through your spouse. If for any reason it's unsuccessful you'll leave. Have your application to hand.

Good luck with whichever route you choose!

Siouxie

Or apply 'outland' and stay in Ireland until just before or after your PR application is finalised. If there's no rush to return to Canada, this would be a preferable route.

It should be noted that there has been a case where someone was excluded for attempting to enter Canada as a visitor, but with the intent of applying Inland. More detalls here:

Spousal Sponsorship-Canada : British Expat Wiki

Will_PA

Yes the wiki breaks it down well. @hurlabrick is an advocate of outland I believe, he might want to chime in.

I personally think the risks are slightly overstated, as coming from a 1st world country (assuming you've got a job) you're not going to swap your legal life in Ireland for working cash-in-hand in Canada, which (I believe) is the risk CBSA are assessing.

Possible bigger risk is I'm going home to UK for Christmas, hoping AoR in a couple of weeks, but OWP unlikely until New Year. Still not big enough risk to not go, in my estimation anyway!

Siouxie

More likely legislation.

A lot depends on what ties you have to the UK (or your country of residence).

From the court decision: https://decisions.fct-cf.gc.ca/fc-cf...QAHVmlzaXRvcgE
and

Vulcanoid

Lots of people, from Britain, Ireland, France, Australia, etc etc do just that. If anything, it's easier for first world-originators, because anyone seeing them in another 1st world country is going to naturally assume they've gone there legally until informed otherwise.

Believed to be over 1,000 Irish illegally in Australia (https://www.irishtimes.com/life-and-...ence-1.2771284), over 50k in the USA (White, Irish, and undocumented in America - CNN). Believed that in Canada some 8% of work/study/visitor visas just don't leave (https://www.theglobeandmail.com/news...ticle18437108/), and you can bet your behind some of those come from 1st world countries. For much the same reason, some 100k Canadians illegally in the US (Northern aliens: Around 100,000 Canadians live under the radar in U.S. as illegal immigrants | National Post), where nobody would think twice about them being there. The more links your home country has to a place, the less likely individual illegal immigrants are going to be targeted over it.

Djdj9037

Thanks again for helpful responses. We are getting married on April 19 here in Ireland with a civil marriage and are still undecided on which route to take. Apply Outland and leave for Canada once we send off application or my spouse gets approved for sponsor(some said this only takes a few months), or we leave for Canada once married, apply for visitor visa and while there apply inland with Irish marriage certificate and hopefully get work permit to work while spousal sponsorship application is in process. Have heard a few stories from people who did last both but still unsure which is more risky. This has become a far more complicated decision then we had hoped and wished there was someone who could tell us exactly what to do,(that isn't a lawyer had), as it seems unfair for all this work for two people who are genuinely in love and want to spend the rest of there lives in BC Canada. Is there even anyway to contact border services at Vancouver Airport and talk to someone about situation?
Cheers for all the help

Dan.