what is dual intent?

[Rachel]

Hello...it seems that it is very tough for couples to stay together after marriage till PR is issued...i came to this conclusion after reading posts over here...

I just wanna know what is Dual intent? My husband has not yet got his PR..but is asked to attend an interview at LA...He has attached my PR appln. wid his and it seems we cant stay together for another 6 months or more..i want to know whether My TRV will get approved if i apply for one? Can anyone who has went to Canada in TRV (while their PR is till in process) clarify me...

I welcome all your suggetions to visit my hubby ASAP(i miss him so much)...

 

[Leon]

Re: what is dual indent?

If your husband is in the process of applying for his PR and has added you to his application, you will get your PR at the same time he does. Until then, if he is in Canada as a temporary worker or a student, you can apply for a TRV and an open work permit but no guarantee that you will get it.

Dual intent is when somebody applies for a visit visa when it is known that this person is not planning to leave at the end of it. Normally CIC would not grant a visa to someone they think is planning to stay but when a PR or a citizen is sponsoring a spouse, they can in some cases ask for a visit visa with dual intent since they already have a PR application going and will be staying if it's approved.

 

[Rachel]

Re: what is dual indent?

thanx for ur explanation...so i wont qualify for a dual indent since my hubby is not yet a PR holder...he is on his work permit...i will try for TRV...

one more question...if TRV is refused for 1st time,is it likely they wont issue it no matter whatever documents we provide?

plz tell me some idea that wud convince VO to issue TRV in my case...

 

[Leon]

Re: what is dual indent?

If you are on his PR application, you do qualify for dual intent and you should claim dual intent because they will not believe you have intentions to leave again after your TRV is up when you are applying for PR. Tell them that your husband is already there and you would like to join him, he's already applied for PR for you both so you would like to join him while you wait for your and his PR to be processed. Not a bad idea to apply for an open work permit at the same time if you want to work.

 

[frolic]

Re: what is dual indent?

Dual intent is when somebody applies for a visit visa when it is known that this person is not planning to leave at the end of it.

WRONG WRONG WRONG!

Dual intent means you have 2 intentions. One intent to move to Canada as a PR. And two, the intent to visit temporarily. Dual intent means that just because you have a PR application in doesn't mean that you can't get a TRV. They allow you to do both things at once. If you try to get a TRV and they think you wont leave at the end of the visit they still will not give you a TRV.

The fact that you have a PR application in can be positive for you however...since they know that processing your PR visa requires you to be home for interviews and or to supply your passport they KNOW you have to return home so they might be more likely to approve a PR. That is how my wife came to visit this past Christmas while her PR is being processed.

 

[Leon]

Re: what is dual indent?

Dual intent means you have 2 intentions. One intent to move to Canada as a PR. And two, the intent to visit temporarily.

In some cases yes, in many cases no. You may have a case where people decide to visit Canada planning to leave again before their PR is approved but you have also many cases where it's known that if their PR is approved, they will not go back. In some cases dual intent is given to babies born outside Canada to a PR parent. It is quite obvious that the baby is not planning on going back at the end of the TRV.

 

[frolic]

Re: what is dual indent?

A baby would be a different case than the one mentioned since the baby has NO intent of doing anything but sleeping, crying and shitting. I would say that giving a baby a TRV is more a matter of compassion than anything else and is especially not dual intent.

From the manuals used to process overseas applications...

Dual intent
An intention by a foreign national to become a permanent resident does not preclude them from
becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of
the period authorized for their stay [A22(2), R183]. The person's desire to work, study or visit in
Canada before or during the processing of an application for permanent residence may be
legitimate. An officer should distinguish between such a person and an applicant who has no
intention of leaving Canada if the application is refused

The key part being "if the officer is satisfied that they will leave Canada by the end of their stay". Meaning they have a PR application in but for now they only intend to visit and go home. And then the second part...where the officer should distinguish between a visiting person and a person who if they are refused will not leave...shows that if you intend to stay...and if you are trying to use a TRV to shorten the wait, or even bypass the process...they are watching for that.

So if you need a TRV to even enter Canada to visit...and you have a PR in...you better try hard to prove you will go home at the end of the visit or they are just not going to give you a TRV.

 

[Rachel]

Re: what is dual indent?

Thanx leon n frolic for ur valuable suggestions...

I just hav a doubt...u say that i must convice a VO to get TRV that i will leave to my home country at the end of my visit...can i just mention in my covering letter that ive applied for PR n i will return back at the end of TRV?
Will applying for single entry visa enable me 2 get TRV(since it is only for 6 months)?

Frolic,cud u plz tell me how u convinced VO for getting TRV 4 ur wife while her PR is in process?

 

[frolic]

Re: what is dual indent?

We wrote out a detailed plan of the plans of the visit. 3 weeks, Christmas and New Years and visiting family plus her learning about Canada and the city. Mentioned that our son was still in schoool at this time so stayed home. She had to return after new years for him and orthodox Christmas. Mentioned the PR application and the fact that our sponsorship was approved in Canada already and gave the file information.

Basically told them everything and why she wanted to visit. Son and Christmas home at the end of the visit was important to show she would return. She also sent proof of her job and a letter from her work giving the length of her vacation and when she had to return. They may ask for other things from you depending on the visa office for your home country as well. You should start by checking the info there.

 

[thefairy]

Hello everyone,
My PR application is being processed through Lima. My sponsor and I are considering the possibility of applying for TRV, since we have a daughter that is growing apart from her father, he would like me to bring her to Canada for a month or 2. His sponsorship has been approved. If we submit a copy of the approval letter will this help to prove I will need to come back to Lima to continue with the processing once they request an interview? I depend solely on him, Im not working since I take care of our baby whom I nurse, so I cant really say I got work as a reason to come back. Our daughter is a canadian citizen and we already have a passport for her. All we want is the opportunity to reunite her with her father and meet her canadian relatives for a few weeks at least.

 

[frolic]

When you apply for the TRV you should mention all these facts in your application. Than sponsorship is approved already and give the client # etc, the reason for the visit and if you have any plans put them in, mention the fact you have to return to wait the result of your PR application to show you understand this is a temporary visit.

It is still a discretionary decision by them but the important thing is to try to demonstrate you are following the PR process and just want to visit in the meantime and then go home to wait more.

 

[rosellyalung]

@frolic- my husband is PR in singapore and wanted to visit me here in canada, we have a pending PR in process application last 2005 which he is the principal applicant and another one that is i am the principal applicant under LCP last august 2010, what is the best way and thing to do for him to be approve for a TRV please help!!!!!!!!!!!! thanks

 

[mittens]

i'm confused regarding dual intent too...
my visa app is in process, but we're planning on going to canada for just under six months while we await PR
i'm concerned that they may refuse entry...

what documents do i need to help convince them to let us in?
thanks

btw am from UK, and so visa exempt, have enough money in our joint acct for the length of the stay
what other proof would be good?

 

[canadianwoman]

With a passport from the UK, you will almost certainly be let in without having to say anything about dual intent. Still, it is best to have proof with you just in case they ask. Proof of enough money in your account for your stay is a good start. I would have a return ticket, which you will probably need to get on the plane anyway. Show any ties to the UK you still have - an apartment, property, bank accounts. Also bring proof of your PR application and the sponsorship approval letter.

For the people who need TRVs to get in, you will probably be denied with a PR application in process. Note Frolic's wife got a TRV by leaving her son behind. Leaving a child behind is very good proof you will be returning to your country, but is not an option for most.

For countries where people need a TRV to enter Canada, the visa officers are very suspicious and do not seem to pay much attention to the 'dual intent' rules. There is no harm in trying, but gather as much proof as possible that you will leave Canada at the end of your stay.

 

[mittens]

yes i've also booked return tickets
also am leaving my adult daughter behind
will probbaly still have my house, unless a miracle happens and i sell it very quickly LOL

so, just to clarify, when i arrive in canada i don't say anything about dual intent?
just say i am visiting my wife for six months?

(obviously i am hoping that my PR arrives whilst in this six month period...

thanks canadian woman!!