Questions for a real expert, ImmOfficer

[toby]

These are questions for ImmOfficer.

You're right – this is the best Immigration forum.

I am a Canadian citizen living with my Chinese wife in Zhuhai, China.
Each year we'd like to spend about half our time in Canada (where my family lives), and half the time in Canada (where her family lives).

We have been putting together an application for permanent residency for her. But as we read about the difficulties of getting approval, and the time delays for processing, I begin to wonder whether it might be wiser to apply each year for a tourist visa for my wife.

I left Canada for Costa Rica in 2003, and would be re-establishing residence in Canada if we went for a permanent residency visa, or residence in China if we opted for tourist visas.

So, the questions:

#1  Would she get a tourist visa more easily if we bought a house here in China, and she had her name on the house deed? Currently we are renting. 

#2 Will the fact that she was denied a student visa in 2008 complicate her applications for a tourist visa? She was denied the student visa for lack of sufficient evidence she would return to China at the end of her studies. At that time we were not married; we are now. Evidence of our life in China would be a rental lease, bank accounts here, but not much else. (This underlines the importance of question #1)

#3 Is there a multi-year tourist visa, as there is in the USA, and if so how to get one (eventually)?

#4 The TRV application form mentions a return plane ticket as one proof of intent to return to China. But this is an expensive (or at least inconvenient) shot in the dark. First, we must buy a refundable ticket (more expensive than a non-refundable one), because many things could go wrong.  The visa could be denied, or given for 2 months while we bought a 3-month ticket.
So, how important is an actual ticket?  Could we attach instead a confirmation of the ticket, without actually going one step further and buying it?

Finally, a general question. How on earth do people who stay in Canada illegally manage?  Surely they need documents, need money, need a bank account, need to rent a car, etc etc. – all of this requiring documentation not available to an illegal.  It is a world that must be horrible.  Comments?

[ImmOfficer]

I dont process visas, I am a POE Officer so I will answer from that perspective.

1) It shows ties to that country, so yes.
2) Things have changes. Now that hse is married to a Canadian, she is sponsorable.
3) There are, but I don't know hoe to get one. I cancel a lot of them because they shouldn't have been issued in the first place.
4) That is a question that I can't answer.
5) They live in flop houses, work under the table, get abused by employers, make below minimum wage, and are constantly looking over their shoulder for Police and Immigration Enforcement. It's a crappy life.

[toby]

Thanks so much. I appreciate your help.

By the way, what is a POE officer?

And finally, what are your criteria for cancelling multi-year temporary visas?  For example, given that my wife and I would want to visit Canada each summer, but have our home base in China, and if my wife's temporary visa were good for 3 years, would you cancel such a visa? Is the trend toward requiring visitors to apply each year?

[Leon]

When you apply for a visa, there's a box you check asking for it to be multiple entry.  If she says on the application that she has a Canadian husband and would like to be able to visit Canada every year, she might get it.  Some embassies just believe though that everybody is planning to overstay so if denied, you can still go ahead and apply for PR.

As for people who are illegal, you can rent an apartment, rent a car and open a bank account as a tourist.  In some provinces, you can even get a drivers license as a tourist.  They just would not be able to work without a SIN so they would have to find some work for cash.  I'm sure it's not a good life though, always waiting to get caught.

[shakira2009]

Hi, I can answer #3 & 4 only based on my experience dealing with the consulate in Tokyo.

My background: I'm Mexican, married to a Canadian citizen and we both live in Japan.  I've been to Canada quite a few times even before meeting my husband, as a student and a tourist.  So CIC has my records showing that I never overstayed in previous visits.

Responding to your questions:
Yes, your wife just has to apply for a multiple entry TRV but she has to justify that she'll be entering two or more times to Canada.  I got one this year and is valid until August 2011.  I didn't actually intend to get such a long validity so it was a nice surprise when I got my passport back! 

My husband and I were traveling to Canada and Mexico to visit family, so the round trip flights with AC went Tokyo-Toronto-Mexico.  In my application I included a detailed itinerary of the trip (all dates, where and who we'd be staying with, contact numbers) but I didn't buy the tickets until I got the visa, as advised by the Consulate here (don't you have such advice from your consulate? -should be in the visa office specific instructions for TRV).  To make the itinerary I looked up the possible flights in Air Canada's website and wrote a note saying "Flights according to AC website as of Aug 10th 2009".

My understanding of "Proof of intent to return to your country of residence" is that it can also be a job or established business in that country.  In my case I have a job in Tokyo and could provide a certificate of employment.

Anyway, in the application I also enclosed our marriage certificate, photocopy of my husband's passport and a letter signed by him, stating that we live together and endorsing the itinerary.  We wrote something like "We have been living together since... at ...  . I will accompany her throughout this journey as stated in the attached itinerary".  By the way, we are renting an apartment.

Well, I don't know if this helps you... at least you can use it as a reference or get some hints.  Good luck with that!

[ImmOfficer]

Thanks so much. I appreciate your help.

By the way, what is a POE officer?

And finally, what are your criteria for cancelling multi-year temporary visas?  For example, given that my wife and I would want to visit Canada each summer, but have our home base in China, and if my wife's temporary visa were good for 3 years, would you cancel such a visa? Is the trend toward requiring visitors to apply each year?

POE = Port of Entry

We generally don't cancel ,ulti year, multiple entry visas. The only time we would is if we found the person to be inadmissible for some reason.

[Suin]

is it possible to extend TRV to multiple entry one?