Nick2021

Hi, I am Canadian citizen and I intend to get married overseas with my fiancee in January 2022. After that I want to bring her to Canada and apply for PR under the Family Class, I want to use the inland route so she lives in Canada with me while waiting for visa processing.

I understand that she will need some kind of visa to come to Canada with me (tourist visa I presume, as, unlike the US, there is no "fiancee visa"). If she is to come under tourist visa/ETA, does she need a return ticket to show airline/immigration or can I explain to airline/immigration she is coming in an plan to stay in Canada while waiting for her inland visa application?

Thanks!

Siouxie

Hello and welcome to BE (and congrats on your upcoming wedding)..

Is your fiance a UK national? The UK is a visa exempt country, although she will need an eTA and potentially consent to travel..

I suggest reading this part of the section in our wiki about spousal sponsorship. https://britishexpats.com/wiki/Spous...ng_Dual_Intent There is also the 'covid' element, and who knows what i going to happen about visitors to Canada in the future. Applications to sponsor a spouse are for Permanent Residence, not a visa

Your fiance will have to show strong ties to the UK (difficult when you have just got married) in order to be considered a genuine visitor and be allowed to enter Canada. Yes, she will require a return ticket, and documentary proof of ties to the the UK to show she is a genuine visitor; for example, a lease for a rental apt, a college course she needs to start, a leave of absence from her job or similar. She can't enter with a 'plan to stay in Canada 'waiting' when you haven't submitted an application... Immigration doesn't work that way... prior to submission of an application saying something like that to the Immigration Officer is more likely to have her put on the next flight out - because she won't be a genuine visitor.

The better thing to do would be to apply 'outland' as soon as you are married, then once you have received 1st stage approval (approval to be a sponsor) your wife can enter with you under dual intent..
https://britishexpats.com/wiki/Spous...d:_Dual_Intent -

The other option would be for her to come to Canada for a visit, before you are married - and then remain in Canada (extend her status) as a visitor and once you have married here, apply 'Inland' - once 1st stage approval is given, she could obtain an open work permit.

Decisions, decisions!

Nick2021

Siouxie, thank you! My fiancee is actually living in Hong Kong with both HK resident and British status (HK and UK passport holder).

We plan to get married in Hong Kong. I think I have 2 options available, please correct me if I am wrong,

1. Get married (in Hong Kong), apply as outland, had her wait in HK and if she wants to come to Canada she will come as tourist and leave at the end of her stay until her Family Class PR is granted. This is not ideal - that means she will be travelling during the pandemic and also the separation we have to face.

2. Get married (in Hong Kong), had her come to Canada with return ticket and financial support as a bona fide tourist, and during her stay in Canada change her status as a Family Class applicant by lodging an inland application, and had her stay in Canada until PR is granted.

I think option 2 is more favourable to us. But we will need to show to immigration her visit to Canada after marriage fits the "tourist" descriptor and had her change her status while in Canada. This sounds strange though.

christmasoompa

1. See above, if she gets to first stage approval of her spousal sponsorship app then she can enter Canada under 'dual intent' and no need to leave Canada or have any separation.

2. Possible, but risky, again see the link above. If the border officer thinks she's not a genuine visitor or suspect she has any intention of trying to stay in Canada, she can be refused entry.

Personally, I'd go for option no. 1, if you have another read of the link Siouxie's given you above you'll see that's the safest option by a mile.

Siouxie

Most welcome!

I would strongly suggest option 3 Prepare your application and submit it as soon as you are married. Once you have 1st stage approval (approval to sponsor, which shouldn't take long) she can enter Canada with you under dual intent... and remain in Canada while the application is being processed.


I wouldn't risk option 2 as if the immigration officer doesn't think she is being honest (just got married to a Canadian Citizen and saying she is just here for a visit and will leave within a couple of weeks or so isn't totally believable).. i.e. she isn't a bonafide tourist.. they could put her on a flight out or even ban her from entering for a year or more. It's not worth the risk. Please read this post and the case law link within Visiting Canada under Dual Intent / Intending Inland sponsorship - please read
See also this page on the Govt. website about misrepresentation.. https://www.canada.ca/en/immigration...sentation.html

Nick2021

Thank you christmasoompa!Much appreciated your opinion.

Nick2021

Thanks Siouxie! Indeed I will look into your option 3. Looks much better than my previous options.