Dual Intent - visitor visa extension for PR outland applicant

[Huxley1234]

In a nutshell: my fiancee is here with me in Canada and we are about to file for an extension to her visa, which expires mid-month. We are also about to hand in our application for PR sponsorship 2 weeks after that (doing outland common law via Buenos Aires).

I need to know if anyone has experience or knowledge about "dual intent" and if they could let me know if we are on the right track.

We no longer have cash for a lawyer but we have heard that it is acceptable to apply for a visitor visa extension while she is still in the country, under "dual intent". Essentially we will make it clear that we are applying for permanent status - however we are requesting that she be allowed to stay behind in Canada on the temporary visitor visa in the meantime, to help plan for the wedding, and be together, since we are in love.

As a note: we will make it as clear as possible that she has every intention of heading home after the extension runs up -- this is simply a way to buy more time together. If she was rejected we would obviously not break any laws and she would go home as needed -- but that would be very painful so soon. And in fact the wedding we are planning will take place next year in Argentina (but nothing solid planned yet).

 

[Huxley1234]

someone from another post wrote this: "dual intent would not apply UNLESS you have already made application for PR. If you have only the TRV application on the table, then you HAVE TO PROVE you will leave the country. If you claim dual intent now, you are saying no I don't have the intention to leave because I want PR. It is a very fine line as I see it. Perhaps others on your other thread will have more suggestions as well. Good Luck."

can anyone please give me advice? does dual intent only come into play if we already submitted the sponsorship package?

 

[waikiki]

Hi Huxley, I have a similar problem, and from what I´ve read, it is in general no problem to stay in Canada as a visitor while outland PR is in process. You might have some explaining to do, but usually it´s ok. You can search in the forum for "dual intent" or "visiting while PR is in process". There are many people who stay in Canada while waiting for their PR (outland).

 

[Huxley1234]

that's what I have heard.

our problem is that we are really behind on our application stuff so we need to apply to extend her Visa before we apply for PR.

will this be impossible, or will this preclude us from claiming dual intent, since there will technically be no in-progress PR application, just the intention to do so.

 

[frolic]

If your application for Permanent Status is not in process there is no dual intent.

I would also question why you are doing outland if she is staying in country.

 

[Huxley1234]

If your application for Permanent Status is not in process there is no dual intent.

I would also question why you are doing outland if she is staying in country.

So, should we apply to extend the visa without mentioning our plans to apply for PR? I feel like we are making matters worse if we aren't completely honest. We can show proof that we are in progress of applying for outland (gathering forms, medical check, etc)...

Should we just not mention it? What should we say instead to re-extend her Temporary Visa?

also.. we are doing outland so she can stay with me to plan for the wedding in argentina, occurring early next year. and because she wants to be with her fiancee. Isn't that a good reason?

 

[waikiki]

plus outland seems to be in most cases faster than inland

 

[Kiri]

In a nutshell: my fiancee is here with me in Canada and we are about to file for an extension to her visa, which expires mid-month. We are also about to hand in our application for PR sponsorship 2 weeks after that (doing outland common law via Buenos Aires).

I need to know if anyone has experience or knowledge about "dual intent" and if they could let me know if we are on the right track.

We no longer have cash for a lawyer but we have heard that it is acceptable to apply for a visitor visa extension while she is still in the country, under "dual intent". Essentially we will make it clear that we are applying for permanent status - however we are requesting that she be allowed to stay behind in Canada on the temporary visitor visa in the meantime, to help plan for the wedding, and be together, since we are in love.

As a note: we will make it as clear as possible that she has every intention of heading home after the extension runs up -- this is simply a way to buy more time together. If she was rejected we would obviously not break any laws and she would go home as needed -- but that would be very painful so soon. And in fact the wedding we are planning will take place next year in Argentina (but nothing solid planned yet).

Okay, I did the exact thing just in the past month. I didn't know the name was dual intent.

I had been in Canada for 6 months, went home for 3 weeks and came back to Canada.. got approved for 5 months (which was 2 weeks before my common law status would have came into play), so when the 4th month rolled around we sent off from an extension on the grounds that we were going to apply for PR 2 weeks after the date I was supposed to leave and that I'd like to be granted the time to stay with my partner to send that off, and to stay during hte process. I was granted an extension of 12 1/2 months and here I am.

What will help you in doing this is to make sure you have paid ALL fees.

I sent in with my request for extension:

Forms required.
Letter from myself pleading my case and expressing my feelings, etc.
Letter from my partner who said he would be sponsoring me and that if they found reason not to let me stay, that he would do whatever to make sure I returned safely to America.
Receipts for Right of Perm Resident fee, Sponsorship app fee, Sponsor app fee, and extension fee.
Photocopies of bank statements showing where we had money in our joint account and my personal account to support me during the time, with a letter stating that I would receive X amount each month since I work as an illustrator from home for a company in the states. To prove I wasn't going to be looking for work during this time, and show I could support myself.
I also specified dates. Date of medical, date that I sent for FBI and was waiting on the results (see receipt proof), date that we were going to send off for PR and how we estimated a year.

Most people who apply for extension because of applying for PR get a year from what I hear (those from America, dunno elsewhere)


I hope this is of some help to you. I have not used a lawyer and we just sent off a large package for our PR application this May after getting that approval. You can do it without lawyer, just takes a lot of research. This forum was the biggest help when running into those who have been through similar situations. I hope this helps your situation.

 

[Huxley1234]

Kiri.... you are a hero! Always a relief to hear a success story from someone in your exact shoes. Awesome! I might try and PM you if I have any follow ups.. (is that even possible on this forum?)

 

[Kiri]

Kiri.... you are a hero! Always a relief to hear a success story from someone in your exact shoes. Awesome! I might try and PM you if I have any follow ups.. (is that even possible on this forum?)

Yay!! I'm so happy to have been of help for you Yes, you can PM me for follow up. You just click my name and it'll take you to my profile, there you can do the "send this user a personal message" at the bottom of the page

Good luck!!

I'd also like to mention that I applied outland as well, while visitng here.

 

[Huxley1234]

UPDATE: the application to extend visitor visa was submitted this saturday! Fingers crossed that it will be accepted.

Essentially we did just what Kiri suggested: provided lots of proof of our intent to apply for PR (including receipts of fees paid), and writing letters explaining clearly that her stay here is only temporary to get enough time to fill out the forms.

We even went as far as to purchase a one way ticket to Argentina in September to be very clear that the visitor visa is only temporary even though we are applying for PR soon.

Let's hope this dual intent stuff works! Wish us luck

 

[vanevane]

Hi my name is vanessa i aplly asweell for extend my visitor visa because me and my husband we will be oding the sponsor process next month... did u get the answer already?

 

[Huxley1234]

Hi my name is vanessa i aplly asweell for extend my visitor visa because me and my husband we will be oding the sponsor process next month... did u get the answer already?

No.. still waiting!

 

[Ryathe]

And? And?

 

[Huxley1234]

stilllllllll waiting....! no idea why it's taking so long