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Need clarification if my wife wants to accompany me

Need clarification if my wife wants to accompany me

Old Jan 17th 2002, 2:26 pm
  #1  
Sun
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Hi expert, Currently, my wife is in the process of getting PR as independent
application. Myself is a landed PR. The officer at Canada consulatee said that my
wife can not accompany me using visa tourist while she's waiting to get her landing
paper. My question: Is it true? Is there any special visa type?

Thanks Regards, Sun
 
Old Jan 17th 2002, 2:53 pm
  #2  
Andrew Miller
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It is true. Every person applying for a non-immigrants visa (for example visitor's
visa) is deemed by Canadian immigration law as an immigrant unless person can prove
otherwise. If person cannot prove that he or she is not a potential immigrant then
visitor visa must be refused. So, your wife cannot prove that she is not a potential
immigrant as her already pending immigration application clearly says that she is.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE and INVALID from the above address before
sending email)
________________________________

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Old Jan 18th 2002, 11:42 am
  #3  
Ron Beirnes
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in message

[usenetquote2]>> Hi expert, Currently, my wife is in the process of getting PR as independent[/usenetquote2]
[usenetquote2]>> application. Myself is a landed PR. The officer at Canada consulatee said that my[/usenetquote2]
[usenetquote2]>> wife can not accompany me using visa tourist while she's waiting to get her[/usenetquote2]
[usenetquote2]>> landing paper. My question: Is it true? Is there any special visa type?[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> Thanks Regards, Sun[/usenetquote2]
    >
    >
Sun: While the immigration legislation deems you to be an immigrant until you can
satisfy a visa officer or immigration officer that you are not an immigrant there is
a provision in law called 'dual intent' and an Operations Memorandum OP 00-31 PE
00-26 IP 00-10 dated 25 July 2000 that states, contrary to what the visa officer may
have said, 'that an immigration application pending is not, in itself, grounds to
refuse to issue a visitor visa' A person may have the dual intent of immigrating and
of abiding by the immigration law respecting temporary entry. What the officer should
be determining is a willingness and ability of your wife to leave Canada at the end
of her authorized entry. Ron Beirnes
R.B. Global Immigration Consultants Ltd. 1540-1100 Melville St. Vancouver, BC V6E 4A6
Phone (604) 688-3081 fax 688-3015 email [email protected]
 
Old Jan 18th 2002, 5:30 pm
  #4  
Neil
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Hi Sun,

Dual Indent
***********
Under the current Act, 'Dual Intent' is allowed, however, rule is not as clearly
stated as compared to the new Act. For examples & details about 'Clarification of
Dual Intent'; here is a link:
http://www.cic.gc.ca/manuals%2Dguides/english/om%2Dweb/2000/op/op00%2D31e.html .

The New Immigration Act formally known as Bill C-11 provides that a foreign national
who intends to become a PR is NOT precluded, because of that intention, from becoming
a temporary resident/visitor IF the officer is satisfied that he/she will leave
Canada by the end of the period authorized for his/her stay. Therefore, an individual
may apply to enter Canada as a temporary resident, even if they intend to apply for
PR status at a later date or have already done so.

Hope this helps. Neil

[email protected] (sun)

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Old Jan 18th 2002, 6:30 pm
  #5  
Andrew Miller
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Guys, it is not that simple as you portrait it. Law doesn't preclude granting visitor
visa when PR application is in process and I have many clients who often visit Canada
during the process with no problems as they are able to demonstrate that they have
substantial ties to the home country and were able to convince visa officer that they
will not stay in Canada. Unfortunately among my clients are also those who are
refused visitor visa as they cannot demonstrate the same. So, putting here pieces of
the law doesn't do any good without the other piece telling exactly that visitor visa
must be refused if applicant cannot prove that he or she doesn't have any intention
to remain in Canada and will return to home country. Intent to immigrate demonstrated
by pending PR application is not the deciding factor in visitor visa refusal - it is
the inability of applicant to prove or convince visa officer that he or she will not
remain in Canada beyond intended visit. And in some countries 99% of PR applicants
are refused visitor visa, while in others the refusal percentage is somehow smaller.

Just a reality check my friends...

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"Neil" <[email protected]>
    >
[usenetquote2]> > Hi expert, Currently, my wife is in the process of getting PR as independent[/usenetquote2]
[usenetquote2]> > application. Myself is a landed PR. The officer at Canada consulatee said that my[/usenetquote2]
[usenetquote2]> > wife can not accompany me using visa tourist while she's waiting to get her[/usenetquote2]
[usenetquote2]> > landing paper. My question: Is it true? Is there any special visa type?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Thanks Regards, Sun[/usenetquote2]
 
Old Jan 18th 2002, 7:03 pm
  #6  
Andrew Miller
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P.S.

Here is what Immigration Manual clearly says about both issues:

------------------------------------------------------------------------
4.2 Visitors with immigrant applications pending

The fact that a prospective visitor has an immigrant application pending or is
planning to apply for permanent residence is not, in itself, grounds to refuse to
issue a visitor visa. A person may have the dual intent of immigrating and of abiding
by the immigration law respecting temporary entry. The person's desire to visit
Canada is very often legitimate.

You will need to distinguish between legal and illegal immigrants. Illegal immigrants
are those who have no intention of leaving Canada should their immigration
application be refused.

In cases where the person wants to await in Canada the outcome of an immigrant
application, you should keep in mind the time required to process an immigrant
application: the length of time will affect the applicant's means of support,
obligations at home, and likelihood of leaving Canada if the application is refused.

<snip>

5.3 Grounds for refusal
a) A19(2)(d) and A2(1) - An applicant who does not fall within the definition of a
visitor may be refused.

b) A19(2)(d) and A9(1.2) - An applicant who cannot fulfill the burden of
demonstrating that he is not an immigrant may be refused.
------------------------------------------------------------------------

As you can see yourself the acknowledgment of dual intent does not waive in any way
applicants' burden to demonstrate that are not immigrants and that they will leave
Canada when required.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"Andrew Miller" <[email protected]>
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > Hi expert, Currently, my wife is in the process of getting PR as independent[/usenetquote2]
[usenetquote2]> > > application. Myself is a landed PR. The officer at Canada consulatee said that[/usenetquote2]
[usenetquote2]> > > my wife can not accompany me using visa tourist while she's waiting to get her[/usenetquote2]
[usenetquote2]> > > landing paper. My question: Is it true? Is there any special visa type?[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Thanks Regards, Sun[/usenetquote2]
 
Old Jan 19th 2002, 9:30 am
  #7  
Neil
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Hi Sun,

Applicants for permanent residence MAY visit Canada, subject to the same requirements
as other visitors.

The document 'Clarification of Dual Intent' i.e. OP 00-31 is a COMPLETE official
document that explains the issue 'Dual Indent' with simple examples.

Hope this helps.

[email protected] (sun)

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