Applying for Residency already in Canada?

[lenardparnold]

Originally I was planning on applying to sponsor my wife while living with her Thailand, but was thinking it would be better if we were able to go to Canada first as I could start my job and my wife could learn better English there than I could teach her here in Thailand while we waited.

I read about being able to apply while already in Canada and also about how dual - intent cannot be a reason to be rejected entry, so I am assuming that we could get my wife a student visa based upon entry into a Canadian University (U of Regina from my hometown) for a 9 month ESL course. Then as soon as we arrive apply for the sponsorship and residency while she starts studies? It said that she can apply for permanent status while having temporary status. Is a student visa considered temporary status?

I also read that in 2005 they made it so that a spouse did not need to be "status-legal" to be given the permanent residency visa and that the only thing was that she could NOT work or study while not legal and risked being removed. Does this mean that if she got a 1 year visa but the process ended up taking 14 months, that she could stay in Canada for that extra 2 months as long as she didn't work, study and kept quiet with good habits? Or do I need to be sure she gets an extension or the process is completed before the end of her year visa?

Thanks so much. Actually one more thing. Where would she get her criminal check from if she was in Canada. This is the only thing that I could think of that could be a problem. (I have already put together the whole application and was going to send it before thinking about going to Canada first)

-Lenny

 

[BeShoo]

Is a student visa considered temporary status?

Yes, a student visa is temporary status.

.... Does this mean that if she got a 1 year visa but the process ended up taking 14 months, that she could stay in Canada for that extra 2 months as long as she didn't work, study and kept quiet with good habits? Or do I need to be sure she gets an extension or the process is completed before the end of her year visa?

She is required to remain in legal status or risk being deported. When you apply for an extension, it will usually begranted, provided that everything else is okay. Being out of status will not halt your PR application, but you are not supposed to get into that situation and you do risk deportation if you don't request an extension to student or visitor status.

 

[lenardparnold]

Ok thanks for that.

My only other concern (that I have heard stories off before as well) is with the requirement of "having to convince an officer that she will leave when the studies is over." It keeps saying this. I have heard that the Canadian embassy may reject her if she is married with a Canadian because they will think she will never come back. The only thing that confuses me is that there is the "dual intent" rule that dual intent cannot be ground to rejection, and that really there is no issue and nothing illegal about extending a visa or moving to permanent status. This doubt is troubling because if we get accepted into the university we will have to pay a non-fund able deposit for the semesters totaling nearly $1000. :O

I am worried about the "convince that you will leave upon finishing studies."

 

[BeShoo]

You need to show them that she is both willing and able to leave after the visa expires. A return ticket is good for that, but you should probably get one that's modifiable to a different date and/or refundable if things change. She's going to need to prove ties to Thailand, such as a home or assets there or obligations that she will eventually need to return to. That's the tricky part. Obviously, if she's married to you, she has strong ties to you in Canada, so it's a bit tricky.

As long as you're applying for PR, at least you're going about things in a legal way and not just trying to smuggle her into the country on false pretenses. On the other hand, you need a visa and visas are often denited in such circumstances.

They can reject entry in cases of dual intent, but not because of the dual intent, just because they think she won't want to go back. In the case of having a PR application in process, there are a couple of situations where she'd have to back and they want to make sure that she'd do it willingly and would be able to afford to do it, etc. The first is if her student visa ran out and she didn't apply for an extension, the second is if she applied for and extension and was denied an extension, and the last I can think of is if her PR was denied.

So you want to have the intention to return at the end of the study permit to start with, but your intentions can change later on, and that is perfectly okay as long as you get permission.

There is "nothing illegal about extending a visa or moving to permanent status." As for the deposit, that could be a problem, is the3re any way you can get that to be contingent on getting the study permit?

 

[Black-Berry]

Also, If you are planning on sponsoring her within canada, She could apply for an "open work permit" together with the application and she should get it once AIP. or Approval In Principal is granted which takes about 9 to10 months from the time you put in the application and they receive it.

Im not Canadian and am in canada and i was granted a multiple entry Visa before we came to canada. At the port of entry i was completely honest with the officer and told him my husband was moving back to Canada and i was getting sponsored he asked my husband a couple of questions ie how long we have been married for and what he does for work then he let us in.

Yes, a student visa is temporary status.

She is required to remain in legal status or risk being deported. When you apply for an extension, it will usually begranted, provided that everything else is okay. Being out of status will not halt your PR application, but you are not supposed to get into that situation and you do risk deportation if you don't request an extension to student or visitor status.

Beshoo is right and here is the link to further explain
http://www.cic.gc.ca/english/information/applications/guides/5289E10.asp

Just incase it doesnt work ill copy and paste what it says.




Applying for permanent residence from within Canada: Spouse or common-law partner in Canada class (IMM 5289)
Your status in Canada
You must have legal temporary resident status in Canada to remain in the country legally without the possibility of being removed. Having legal temporary resident status means you have a document issued by Citizenship and Immigration, which allows you to remain in Canada for the period of time specified on your visitor document (work permit, study permit) or on your temporary resident permit.

CIC will process your application for permanent residence on a first-come first-served basis. However, we receive large volumes of applications for permanent residence and cannot guarantee that all processing procedures will be completed before your temporary resident status as a visitor, worker, student or permit holder expires.

Your responsibility
It is your responsibility to ensure that your temporary resident status remains valid until you receive permanent resident status. When you leave Canada, you relinquish your temporary resident status and may not be able to return to Canada.

Maintaining legal status in Canada
You have two options available to ensure that your legal temporary status in Canada remains valid until permanent residence is confirmed:

1. You can apply for both an extension of your temporary resident status and permanent resident status at the same time. If you choose this option, complete both an application to extend your status and an application for permanent residence. Be sure to include both applications and all the supporting documents and fees that are required in the same envelope.

Note: The acceptance of your application for temporary resident status does not guarantee the acceptance of your application for permanent residence.

2. You can apply to extend your temporary resident status separately from the application for permanent residence, but you must do so before your temporary status expires. You have legal status for the period of time indicated on your visitor document (work permit, study permit, visitor record) or temporary resident permit.

Note: On February 18, 2005, the Minister announced a new public policy under which legal immigration status is no longer a requirement for spouses and common-law partners of Canadian citizens and permanent residents in Canada who wish to apply permanent resident status provided that they have an eligible sponsor. However, all other eligibility requirements continue to apply.

Although out-of-status spouses and common-law partners may now apply for permanent residence in the Spouse or Common-law Partner Class, persons without legal immigration status in Canada are unable to work or study and may be subject to removal proceedings at any time for failing to have or maintain legal immigration status in Canada.

Use the appropriate guide(s), to apply for an extension of visitor, worker, student or TRP status. These guides are available on our website or by contacting the Call Centre. You should apply for your extension at least two months before your temporary resident status expires

 

[lenardparnold]

Well we just sold everything we own here so her only ties would be her family whom we now live with. I find that disappointing that we need to convince Canada that she isn't a criminal that will illegally stay in Canada. Now we have nothing to convince them besides saying "she wouldnt stay illegally and if the visa ran out she would return home and live her with parents." With the case of her being married this could be hard and I'm sure this is the case for many. It would just be up to the officer whether they thought my wife looked like someone who was fond of illegal activity?

I think its better if I just wait here with her and send the application from outside. I can teach her English everyday fairly well and then save the cost of the expensive university course. Living in Thailand is fairly cheap as well. If I taught her good (which I have experience with as well) financially we wouldn't be too far behind. We would just lose a decent job position that I have been offered that would be relatively easily replaceable, her English education wouldn't be as good, and we would be behind a bit in "getting used to and set up in Canada."

Also if I try to get this student visa and it fails it will use up a lot more money. Thanks for the input guys.

I think I'll send it from the outside and have it processed in Canada and Singapore.

 

[BeShoo]

My experience is with bringing my American conjugal partner to Canada. He couldn't afford his apartment anymore (he was essentially broke) so we put most of his stuff in storage and moved to his dad's place overnight before arriving at the Canadian border. The border officer was unconvinced that his ties were sufficient but we did have a PR application in hand that was mostly completed. She was disappointed that we didn't have a paid fee receipt (because I mistakenly decided at the last minute that we weren't allowed to pay online), but she gave him 3 months. We were able to get an extension for a further 6 months when we asked for it.

This is maybe all easier for an American, though, because Americans are visa-exempt. Anyway, I think you've probably come to the right decision.

 

[lenardparnold]

Yes I plan on being here for the time being with her and send it from Thailand.

One thing though. I also emailed the Canadian embassy in Thailand and got the same response about needing to show proof, etc.

BUT they did say that they have a dual intent policy that allows them to give temporary visas if my sponsorship has been approved (the sponsors application at CPC), but she is now awaiting her permanent residence to be approved.

I don't understand this because when you send in the entire sponsorship/residence application it says you need to send the spouse's passport, so how could we possibly go apply for a temporary visa in Bangkok while her passport is with the application in Singapore?

 

[thaihubbie]

Our experience was 2 rejections for a Visitor's Visa for my husband by the Canadian Embassy in Thailand. Both times he applied for one the officer didn't believe him that he would return. This was with even with evidence that he owned 12 rai farm and a truck etc. We were told I should sponsor him. If our experience is any indication they would probably refuse your wife a visitor's visa in the first place.
Secondly, you only have to send in copy of your wife's passport to Singapore when you send in the application so if you are approved to Sponsor her then perhaps they would give her a temporary visitor's visa but I'm not sure if that is likely.

 

[lenardparnold]

Yea I just realized it only needs the copy of the passport. I've gone through my entire application finely like 10 times and I'm still misinformed and missing on things. I've got so much proof and writing it's unbelievable and almost ins't fitting in a document envelope that is 3 inches thick.

I have sent an email to the embassy in Bangkok in regards to this "dual intent issuance of temporary visas for spouse's waiting for their permanent status."

Once I am approved as a sponsor I will all over the place trying to get her into Canada on a temporary visa so we can get started with life.

Thanks for the insight.

 

[thaihubbie]

I am very interested to hear what the embassy tells you about this "dual intent issuance of temporary visas for spouse's waiting for their permanent status." Please post what their reply. This is useful information.

 

[jeans22]

Yea I just realized it only needs the copy of the passport. I've gone through my entire application finely like 10 times and I'm still misinformed and missing on things. I've got so much proof and writing it's unbelievable and almost ins't fitting in a document envelope that is 3 inches thick.

I have sent an email to the embassy in Bangkok in regards to this "dual intent issuance of temporary visas for spouse's waiting for their permanent status."

Once I am approved as a sponsor I will all over the place trying to get her into Canada on a temporary visa so we can get started with life.

Thanks for the insight.

Hi,

I've read up on the Dual Intent clause quite a bit so I'd like to share my two cents. Basically, what it entails is, like what you said, having a PR application will not automatically deny your spouse of a TRV (Temporary Resident Visa). Then again, it doesn't mean that she is going to get a TRV because of the Dual Intent. The thing is, it is extremely difficult the get a TRV while you are undergoing a PR application. I haven't personally done it myself but it was our original plan so I researched on what this whole Dual Intent really means. Also, I've read many posts where the application for a TRV was denied, even with the Dual Intent. Basically, when applying for a TRV... that's all there is to it... you ARE applying for a TRV, not a Dual Intent TRV. Hope it came out clear. Look at it this way, when your wife applies for a TRV, like you said, she needs to prove that she is going to leave Canada once her visa expires. It's already tough even without a PR application. What more if you have one hand saying that you are going to leave, but on the other you have an application that says you want to permanently stay.

Please don't look at this like I'm trying to discourage you. I'm just trying to set your expectations and maybe encourage you to prepare for this even harder.

Also, another point that I would like to make is with regards to the PR application itself. I have read cases where the application was denied because the sponsor was living with the applicant in the applicant's country and not in Canada. I don't know if you've read this post but have a look. I'm sure it'll help -

http://www.canadavisa.com/canada-immigration-discussion-board/applied-rejected-reapplied-at-chc-new-delhi-story-so-far-t45486.0.html

Meaning it's a lot better if you were in Canada during the sponsorship process.

I'm sure you are going to have more questions than ever. Just post away. Other members here, including me, will be more than glad to help out.

Good Luck!!

 

[lenardparnold]

Thanks. I actually found that topic, posted and then came back to this one before reading your post.

It looks like if I have some proof it should be fine as Canada states that it is ok if I have some form of proof, and sign the declaration.

I'm just not sure if my proof is suffice.

 

[samuelhq]

Thanks. I actually found that topic, posted and then came back to this one before reading your post.

It looks like if I have some proof it should be fine as Canada states that it is ok if I have some form of proof, and sign the declaration.

I'm just not sure if my proof is suffice.

Hi,

Please let us know what eventually happened with your TRV application. I am on the same boat and am getting tired of finding relevant information which will convince the officer that I will come back. What are some good proofs guys?

Any help is appreciated.

Thanks a bunch.