EDIN3003

Hi,

Firstly apologies as I would imagine this has been discussed before however I can't find the exact topic and I'm new to the forum.

My Common-Law partner is a Canadian Citizen and has recently moved back to Canada from the UK. I am intending on Entering Canada as a visitor and then applying for Inland sponsorship once there (I'll be flying with my supporting documents ie rental agreements etc).

I consulted a lawyer who said this wouldn't be an issue and I was to be honest, I also have a return flight booked within 6 months.

However I'm now starting to worry as I've read a couple of posts where people advise against this.

Does anyone have any experience of this issue?

Former Lancastrian

Can I wait in Canada while my application is being processed: Dual Intent
One of the most commonly-asked questions is "Can I wait in Canada while my application is in process". The answer is, probably, yes.
If you wish to move to Canada while your application is in process, this is extremely likely to be possible. There exists an immigration category called 'dual intent'. This means you are entering Canada with two intentions:
One, to enter as a visitor, and abide by all the restrictions and rules placed on visitors, the most notable being that you are unable to work
Two, to stay permanently, but only once PR is granted, giving you legal course to do so
The recommended game plan for applying under dual intent is for the Principal Applicant to move to Canada only after Sponsor Approval has been granted. Once SA has been granted, then the PA has a better paper trail of their application being in process.
The PA should book a RETURN ticket to the UK. S/he does not have to use the return ticket, but booking a return ticket is better for two reasons: One, it shows CBSA of an intention to return to the UK if required, and two, airlines are highly unlikely to allow boarding of a passenger with only a one-way ticket without legal status to remain permanently in Canada.
The PA should bring the following to the Canadian border, in addition to the standard things:
A copy of the receipt showing the fees paid for the sponsorship application
A copy of the sponsor approval letter or email
A screenshot of ECAS showing the application is in process
Copies of any further correspondence received from CIC (requests for extra information, etc)
Proof of funds to support yourself without working
If the PA is entering Canada without their Canadian spouse, then a letter from the spouse confirming they will be helping to support you during your stay
CBSA is likely to allow you access to Canada for 6 months, though you can request up to 12 months. It is entirely up to the CBSA officer how long you are given. If you do request 12 months then ask if it's possible to get a Visitor Record rather than just a stamp in your passport. As long as you have all your evidence, you should be just fine.
You can read CIC's article about dual intent here: Temporary residents: Dual intent applicants
[edit]

Also from the IRCC website
http://www.cic.gc.ca/english/resourc.../visa/dual.asp

Short answer yes it can be done and many have done it but read the links as at the end of the day CBSA decides who gets in and what they need to see in cases of Dual Intent.

Siouxie

Welcome to BE!


How long since your partner moved to Canada, how long have you lived together and when do you anticipate coming to Canada yourself?

EDIN3003

Hi,

My partner moved back to Canada 3 months ago when her visa in the U.K. Expired, we lived together for 18months and have been together for 4 years. I am travelling to Canada next week and have everything ready and my forms filled out and all the supporting documents, it's only since reading forums lately that people have advised against doing it this way as you may be denied entry at the border, however a lawyer advised me it shouldn't be an issue. I'm just having a bit of last minute panic!

PMM

Hi


1. The Federal court has recently addressed visitors entering Canada to join their Canadian spouses. It also discusses "dual intent", and is the first Federal Court ruling I have found where an exclusion order was issued.

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

Former Lancastrian

Quite an interesting case especially as a US citizen.

Siouxie

OUCH!

Thanks for that PMM, I would suggest the OP read it and then decide whether it's worth risking an exclusion order.. perhaps it would be better for their partner to sponsor them 'Outland' instead.

EDIN3003

Interesting read thanks for posting that! Although I can kind of understand the exclusion, she had no return ticket, little to no funds, and she referred to where she would be staying as "their family home". I can certainly see why the officer didn't see her as a bona fide visitor. Hopefully it's different in my case!

christmasoompa

Can you clarify, does that mean you've not actually lived together for the past 3 months? Given how strict CIC are on the year's common-law cohabitation being broken at all, that may be an issue if so.

EDIN3003

Yes, we were living together for 18months before her visa expired in the UK. I stayed in the U.K. For 3 months to see out our tenancy on the apartment and finish some work commitments. I was advised by the lawyer that it wouldn't be an issue if I explained this, I think it's worse if you break the co-habitation during the 12 month period. I hope this is the case anyway

rivingtonpike

Not wishing to fan any flames here but if you've been together 4 years, why have you waited until now to apply for sponsorship? Now you may face issues that could have been avoided. I know this isn't a very constructive point but may serve to warn others. I know we dragged our feet when it came to citizenship and it became a pain in the Arsenal for me having to negotiate my back and forth across the border (again pre- new rules).

EDIN3003

Well believe it or not I didn't get with my partner just for a Canadian visa, we've had a happy life in the uk but have recently decided to give Canada a go. I admit to dragging my heals a bit but it's not exactly been the sole plan for the last 4 years

SchnookoLoly

You are going to be running a huge risk by applying as common-law having lived apart for 3 months. Yes CIC is super strict within the first 12, but they have been known to reject applications with significant breaks in cohabitation as well. It's a huge risk.

In addition, that link that PMM posted is very, very worrying when it comes to your plan. You're going to show up at the border without any proof of ties back to your home country and state your intention to stay permanently... it could be a big problem, and in the Mata case that PMM posted, that person was then issued an exclusion order which is a huge deal, way bigger than just being turned around and sent home.

If I were you, between the two factors, I would not be risking it. I would say that you are better off getting married, applying outland, and making your move to Canada once your application has been filed and you've received proof of your application or, even better, the sponsor approval. The wiki was updated today to reflect this new information.

Just my 2c. Think carefully, it's ultimately your risk to take (or not take).