Dual intent question ETA or TRV?

Old Dec 12th 2016, 6:39 am
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Default Dual intent question ETA or TRV?

Hi all,

My wife is Canadian and I and our three children all have British passports.

We have bought a house in Canada and applied outland for permanent residence but would like to go there in may 2017 prior to (hopefully) receiving the permanent residence visa, in order to spend the summer renovating the house and visiting my wifes family before returning to Europe to settle our affairs and then hopefully moving permanently to canada later in 2017 when the PRV arrives.

So my question is this- do we need to apply for a TRV or can we use our existing ETA for a visit next spring, and do we have to mention Dual intent prior to arriving or soley upon arrival to the immigration officer?



Many thanks in advance....

Zeb

Last edited by amielokijasper; Dec 12th 2016 at 7:19 am.
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Old Dec 12th 2016, 7:47 am
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Default Re: Dual intent question ETA or TRV?

A TRV is only applicable for citizens of countries that require a visa to travel to Canada. eTA is the authorization you need to get on a plane to Canada if you are from a country that does not require a visa (e.g. British citizens).

A TRV is an authorization to travel to Canada, to get on a plane and to show up at the border. It does not authorize the holder to remain in Canada. For that, a permit is required (like a work permit or a study permit) or a border stamp on your passport authorizing a length of time to remain in a Canada, or a Visitor Record which can be requested at the border (although it is not always offered to you).

Dual intent is an immigration term, not a category or something you apply for. Essentially, the border officer understands you have a dual intent because you ask to be admitted to Canada temporarily, while at the same time, having an intention or desire to live in Canada permanently one day when your paperwork comes through.

S

PS: you don't mention whether your children are Canadian citizens (if your wife was born in Canada/naturalized or depending on the year they were born).

Last edited by Snowy560; Dec 12th 2016 at 8:37 am. Reason: Wondered about the children
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Old Dec 15th 2016, 5:54 pm
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Default Re: Dual intent question ETA or TRV?

Thank you for the reply. My wife was born in Canada (alberta). Our children were born in France (2013,2014, and 2017) where we currently live but they hold British passports only at this time.
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Old Dec 15th 2016, 6:01 pm
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Default Re: Dual intent question ETA or TRV?

If your wife was born in Canada, then your children are (almost certainly) Canadian citizens (first generation born outside Canada). If this is correct, they cannot be included on an application for Canadian Permanent Residence and they are not eligible to apply for eTA. They may only have British passports but that does not mean they aren't Canadian citizens as well. Have you applied for proof of Canadian citizenship for them?

Apply – Proof of citizenship

Dual Canadian citizens need a valid Canadian passport


S

Last edited by Snowy560; Dec 15th 2016 at 6:04 pm.
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Old Dec 15th 2016, 9:34 pm
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Default Re: Dual intent question ETA or TRV?

We have included them on our application for family sponsorship. In the past when travelling to Canada they have had an eTA. We have not apples for proof of citizenship but will look into it now.... Thanks for your help...
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Old Dec 16th 2016, 1:46 am
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Default Re: Dual intent question ETA or TRV?

Originally Posted by amielokijasper
We have included them on our application for family sponsorship. In the past when travelling to Canada they have had an eTA. We have not apples for proof of citizenship but will look into it now.... Thanks for your help...
Check this out quickly as this could delay your application otherwise. Your children can't apply to become PRs if they are already Canadian citizens. The fact that they don't yet have a Canadian passport or haven't applied for proof doesn't mean they are not Canadian citizens.

S

Last edited by Snowy560; Dec 16th 2016 at 1:54 am.
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Old Dec 16th 2016, 5:15 am
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Default Re: Dual intent question ETA or TRV?

So how do I remove them (if they are in fact citizens) from the application if we've already sent it in?
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Old Dec 16th 2016, 4:22 pm
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Default Re: Dual intent question ETA or TRV?

If they're citizens, either you'll be getting in touch with IRCC to tell them that or IRCC will be getting in touch with you.

S
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Old Dec 16th 2016, 6:01 pm
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Default Re: Dual intent question ETA or TRV?

Makes sense thanks for you help!
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Old Dec 16th 2016, 8:55 pm
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Default Re: Dual intent question ETA or TRV?

Originally Posted by amielokijasper
Makes sense thanks for you help!
If they are removed from the application as they are citizens then if flying to Canada you will need Canadian passports for all Canadian citizens once you have obtained proof of citizenship.
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Old Dec 16th 2016, 10:23 pm
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Default Re: Dual intent question ETA or TRV?

Originally Posted by Former Lancastrian
If they are removed from the application as they are citizens then if flying to Canada you will need Canadian passports for all Canadian citizens once you have obtained proof of citizenship.
Can you apply inland for this?
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Old Dec 16th 2016, 10:38 pm
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Default Re: Dual intent question ETA or TRV?

Originally Posted by amielokijasper
Can you apply inland for this?
Apply inland for what?
Yes you can do an inland spousal sponsorship however to get back to Canada dual citizens need a Canadian passport. You can apply for proof of citizenship from anywhere. Once proof has been obtained then you apply for Canadian passports.

If you don't want to go the route of proof of citizenship then Canadian passports then fly into the USA on whatever passports they hold with a valid ESTA and then drive into Canada.
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Old Dec 17th 2016, 3:20 am
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Default Re: Dual intent question ETA or TRV?

But they cannot possibly be sponsored to become permanent residents if they are already citizens. It's legally impossible. You don't have a choice about that. So that needs to be verified by applying for proof.

S

Last edited by Snowy560; Dec 17th 2016 at 3:32 am.
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Old Dec 17th 2016, 4:41 am
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Default Re: Dual intent question ETA or TRV?

So because the kids have been added to the spousal/family sponsorship visa (and don't need to be sponsored after all) what then happens my (husband, British citizen) part of the sponsorship? Are they likely to send the whole thing back and we need to re-apply, or will the go forward with the process, just with out the children as part of it?
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Old Dec 17th 2016, 5:32 am
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Default Re: Dual intent question ETA or TRV?

Originally Posted by amielokijasper
So because the kids have been added to the spousal/family sponsorship visa (and don't need to be sponsored after all) what then happens my (husband, British citizen) part of the sponsorship? Are they likely to send the whole thing back and we need to re-apply, or will the go forward with the process, just with out the children as part of it?
Notify CIC that you inadvertently included the children as you didn't realise the were Citizens, then ask for them to be removed from the application.

You can send a case specific enquiry or else go through 'MyCIC'.

You will need to apply for their Citizenship certificates and their passports before you fly to Canada (or else, as was suggested, fly to the US and drive over). You can do this from the UK. Get proof of citizenship

Depending on when you are considering flying to Canada, the following might be of help.

Apply for proof of citizenship urgently


Notice – Effective until fall 2017
Dual Canadian citizens impacted by eTA can apply for a proof of citizenship urgently. To qualify, the Canadian citizen must:

also be a citizen of another visa-exempt country,
have proof of air travel to Canada within 6 months following the date of application, and
have submitted concurrently a complete Proof of Canadian citizenship and Canadian passport application.

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