Dual Intent - visitor visa extension for PR outland applicant

[kevin002]

Huxley,

I realize that this thread is >120 days old, but did you end up getting the visa extended?

I'm in a very similar predicament as you were, in August, and any advise (beyond what Kiri gave you) would be much appreciated. My wife is from Malaysia and we just did our civil registration in December and are waiting on the marriage certificate before we send off the application.

She left for Malaysia this past Saturday, and at the airport we were discussing whether it would be possible for her to come back fairly soon (in April) on a visit visa. My concerns are:

1) Would it be possible to get a visit visa while an OUTLAND PR app is in progress? It almost seems better for her to apply and get the visit visa before we send out the PR app. Do you agree?

2) Extending the visit visa while the PR is in progress. I know your situation is slightly different, but I wonder if this would be a slightly better case since dual intent can be proved.

I would really appreciate your help on this (including anyone else who wants to help me out).

Thanks in advance!

 

[Huxley1234]

1) Would it be possible to get a visit visa while an OUTLAND PR app is in progress? It almost seems better for her to apply and get the visit visa before we send out the PR app. Do you agree?

2) Extending the visit visa while the PR is in progress. I know your situation is slightly different, but I wonder if this would be a slightly better case since dual intent can be proved.

Yes this is possible. This is what we did and we received the temporary extension. For some reason, we waited a loooooooong time for the extension to come but it did come.

From what I remember, we provided lots of proof that we had every intent to apply for PR, and that whether or not we got it we had every intention of returning to her country when the temp. visa expired.

From what I remember, the key measure in the visa officer's mind is whether you have intentions to over stay your welcome, or if you plan to go home. We actually bought a plane ticket for her return to Argentina to prove she asnt going to stay in Canda for ever while we wait. But I think that is probably overboard.

Simply write a very clear cover letter detailing why you need more time to prepare the application, and then make extra clear that once they grant the temp. visa, you will NEVER break any canadian law and return, even if they dont grant the temp Visa.

You sound like you are in good shape as you had a ceremony, registration etc. Provide proof for what you can and be clear and concise in the cover letter.

In general applying outland makes a LOT more sense than inland. If you can afford to travel back and forth and change your life up that is. It;s faster and the applicant gets to work in their home country while you wait. And see their family which they may be leaving behind. So good luck!

 

[kevin002]

Thanks so much for the prompt reply Huxley! I really appreciate it.

I'd just like to clarify that you only attached the cover letter with the request to extend the visit visa, and not the initial application for your wife's visit visa, correct?

Also since we would have submitted the application before the visit visa expires, do you think an explanation citing the need for my wife to be with me during the planning of our church wedding (later this year) will suffice, as long as we also state our understanding that she would return if the extension was not granted? I'm guessing it wouldn't be smart/strong enough to simply say that she wants to extend her stay until the PR is processed, right?

Sorry to trouble you with additional questions. We are just trying to hammer out the next steps.

Thanks so much for your help!

 

[Huxley1234]

Thanks so much for the prompt reply Huxley! I really appreciate it.

I'd just like to clarify that you only attached the cover letter with the request to extend the visit visa, and not the initial application for your wife's visit visa, correct?

Also since we would have submitted the application before the visit visa expires, do you think an explanation citing the need for my wife to be with me during the planning of our church wedding (later this year) will suffice, as long as we also state our understanding that she would return if the extension was not granted? I'm guessing it wouldn't be smart/strong enough to simply say that she wants to extend her stay until the PR is processed, right?

Sorry to trouble you with additional questions. We are just trying to hammer out the next steps.

Thanks so much for your help!

yes thats correct, we attached a letter, or simply wrote a letter detailing all of this when we extended the visa. not the initial application for visitor visa.

as for your second question, i can't say as i only know what we did and we were approved. you need to make sure you satisfy the requirements of the temp. visa. so go to the temp visa page and read what the eligibility are. if you say something that implies you will break the rules of the temp. visa (for example, working in canada) then they will probably refuse it. they do seem to acknowledge the need for dual intent. at the same time, if you have no plan for leaving at all until it's done, they may ask why you are not applying in land.