Obitim

Hi all,

Hope everyone is well?

I just wanted to ask what peoples experience of dual intent was?

My wife has gotten a place at Winnipeg U and will be applying for a study permit this year, and I'll be applying for a works permit. On the provision that we are both accepted we'll be moving over at Christmas.

We currently own a house and were considering renting it out, but it seems that selling it would make more sense:

The house is in a city far away from both our parents or anyone else who could look in and make sure the letting agents are doing their job

If we things didn't work out or we couldn't make it for PR/Citizenship then we probably wouldn't move back to where the house is, and would probably move closer to parents

Selling the property would give us a nest egg for a house and also guarantee funds for a return flight from Canada

We'd be in a bit of a pickle financially if we're unable to rent out the property.

The only sticking point for selling is how an immigration officer would see it? We'd be leaving most of our belongings in the UK in storage and still would have familial ties.

So I guess what I'm asking is if this is a feasible plan or if we may run afoul of not proving that we will leave at the end of our temporary residency?

Former Lancastrian

Put your immigration officers hat on.
Before you are 2 people one on a study and one on a work permit and neither have a PR application submitted. They have sold their home in the UK. What substantial ties to their country do you think they have? remember people lie to CBSA officers about their intent.
Can it be done yes but its now even riskier given the recent court ruling.
Couldn't you wait until at least you decide to apply for PR before selling and giving you time to see even if you like Canada?

Obitim

I can see what you;re saying, do you happen to have a link to the recent court ruling so we can take a look over it please?

So, would it make more sense to request the open work permit, but also be in the PR pool by applying for that at the same time?

Yeah, I get the people lying part though (I've worked as a special constable so got used to not trusting people!), however, would it help our cause if we were know to be upstanding members of the community as my wife would have been a solicitor and I'd worked with law enforcement?

I guess the answer we'd give regarding the house would be that we'd not be moving back to the same city if we didn't like Canada and would instead settle elsewhere in the UK...

Snowy560

When you make a SP application, one of the things that will be assessed is ties to home country.

Obitim

Cheers Snowy,

This may be an obvious question, but how is it assessed on the application?

Former Lancastrian

Link to the ruling

Mata v. Canada (Public Safety and Emergency Preparedness) - Federal Court

Obitim

Cheers Lancastrian, that's a pretty interesting read, from what I can glean from the court findings, the defendant didn't really make her case very well at the time of interview with the immigration officer, this was backed up with time with the fact she had moved around and didn't have employment nor permanent living status in Georgia.

I think our situation is different, but I also get the impression that it depends on the officer that you get on the day?

Snowy560

Your wife won't be applying for a Study Permit at the border if she's a UK Citizen. That will have to be applied for in advance.

Obitim

Oh, sorry, I should have made that clear, we'll be applying for all the permits prior to flying out!

Snowy560

OK. Generally speaking only US Citizens/US PRs can apply for SPs at the border (and a few others).

Obitim

No, we're not doing that, we'll be applying in a month or 2 for the study visa for her and open work permit for me, that's why I was wondering if it's assessed on the form at all...

Astrotex

I'm feeling very nervous about this now. We've just sold our house. Not to fund any Canadian move, but because we intend to start a business when we return in three years. We still have older children and parents resident in the UK, we were hoping that family ties in the UK would be enough.

geoff52

Can you not give your parents as permanent address in the UK. Not everybody is a property owner.
My bigger concern would be copping with the Winnipeg winters and mozzies in the summer.
I had the chance to join the staff of University of Manitoba. Went to Winnipeg in the summer, and went to a friends cottage for BBQ, it was a beautiful location but the number of mosquito's were overwhelming. Decided Toronto was more to my liking.

Astrotex

Not a problem giving an address. My concern more was whether they would check whether or not I'd just sold my house. As a mature student I think the application might well come under more scrutiny. We weren't planning on Winnipeg, but actually looking to go to PEI.