Dual intention

[drnafisa]

Dear

I am currently living in Canada with my daughter and my husband is working overseas. I am also expecting soon in June and I cannot really travel. Also, we have not yet applied for a sponsorship yet, I will explain why below.

We have two questions.

Question 1:
I would like my husband to visit us time to time and especially since I will be giving birth.
Will the immigration officer deny the visit visa since he will see a "risk" that the husband's family is in Canada and has more of a reason not leave Canada at the end of his stay? What is the best way to avoid this situation?

Question 2:
Since the new rule of inland sponsorship allows spouse applicants to also apply for open work permit along with the PR sponsorship, we are confused about this. It is very viable for us as a family that my husband stays with us in Canada and works here while we wait for the PR application to be processed, but we need to understand how can we make this happen.

On the contrary to Question 1 above, can my husband apply for the visit visa with the intention to apply for inland spousal sponsorship along with open work permit, since it is not illegal. Therefore requesting a dual intention. I know this is a new rule, but since the government is allowing spouses to apply for OWP at beginning of their spousal PR application, to me it seems that a case such as ours may also have been taken into consideration. The rules of visit (TRV) visa remain the same, I agree, but in such dual intention cases, are there any exceptions - seeing that this new pilot program needs to be promoted.

If so then there is a likelihood that I could get a visit visa.

I hope I was as clear as possible in my queries. If the second option does not seem right, then obviously we will have no choice but to apply for outland, which also takes time. We just wanted to avoid, my husband not being able to visit us and mostly avoid us being apart.

Best regards
dr

 

[drnafisa]

I suppose no one can answer my question?

 

[kriv]

Dear

I am currently living in Canada with my daughter and my husband is working overseas. I am also expecting soon in June and I cannot really travel. Also, we have not yet applied for a sponsorship yet, I will explain why below.

We have two questions.

Question 1:
I would like my husband to visit us time to time and especially since I will be giving birth.
Will the immigration officer deny the visit visa since he will see a "risk" that the husband's family is in Canada and has more of a reason not leave Canada at the end of his stay? What is the best way to avoid this situation?

Question 2:
Since the new rule of inland sponsorship allows spouse applicants to also apply for open work permit along with the PR sponsorship, we are confused about this. It is very viable for us as a family that my husband stays with us in Canada and works here while we wait for the PR application to be processed, but we need to understand how can we make this happen.

On the contrary to Question 1 above, can my husband apply for the visit visa with the intention to apply for inland spousal sponsorship along with open work permit, since it is not illegal. Therefore requesting a dual intention. I know this is a new rule, but since the government is allowing spouses to apply for OWP at beginning of their spousal PR application, to me it seems that a case such as ours may also have been taken into consideration. The rules of visit (TRV) visa remain the same, I agree, but in such dual intention cases, are there any exceptions - seeing that this new pilot program needs to be promoted.

If so then there is a likelihood that I could get a visit visa.

I hope I was as clear as possible in my queries. If the second option does not seem right, then obviously we will have no choice but to apply for outland, which also takes time. We just wanted to avoid, my husband not being able to visit us and mostly avoid us being apart.

Best regards
dr

My opinion on Q1:
your husband can apply for a visit visa (trv) and a trv cannot be refused on the grounds that the applicant has a wife or family in canada. as visit visa is for genuine visitors and has its own requirements so if your husband prove that he is a genuine visitor he will for sure get his visa approved.
when your husband will make a visit visa application CIC will clearly know that he has a wife and he may have a plan to settle or apply permanent residency through sponsorship in near future. The good news is that Having two intents – one for temporary residence and one for permanent residence is legitimate. so this (dual intention) may not effect his application if he try to focus on his personal documentations and present himself in a logical manner. it depends on case to case like how long is he married to you? (recently married or wot?) Points to consider/prove are:-
1) he should prove that he is in a good financial standing (bank statement is the best document for this)
2) he has a good job and he is available for the vacations he is planing for (a letter of leave (approved) mentioning his job position will be more than enoff. My personal opinion additional pay stubs, letter from employer or other heavy decorated documents may have a negative impact cuz its a tourist visa application not a PR application. a letter from your employer approving you a leave for vacation do already tells the story in addition your bank statement is more evident how much you earn or save.
3)if he is self employed any good simple and clear proof of business. (visiting card, simple explanation letter on his company letter head..etc etc)
4) any assets or property specially if he is drawing income from that property.
5) Reason to visit canada: Instead of making stories the best simple logical reason ( to spend time with wife and to see canada)
6) address these issues: if you are not recently married then why he was not sponsored? in case of recently married when are you planning to sponsor him? these issues will have a high impact so they should be addresses logically.

Overall i would say if point 1 and point 2 is powerful everything may work good and your husband may have good chances to get a visit visa.

Answer to Q 2)
Inland sponsorship can only be made once your husband is in canada. a visit visa cannot be granted on the base to facilitate anyone to apply for an inland sponsorship. to get a visit visa he must qualify to be a genuine visitor.
the only difference in the new rule of OWP is that previously OWP to spouse was granted after receiving "Approval in Principle" that is on approval of stage 1 of the inland application Whereas now CIC allow the spouse to apply for OWP anytime before the AIP.( if OWP application is sent along the inland sponsor application, cic will send the OWP in 3-4 months). So this pilot project has nothing todo with outland spouse or visit visas (trv).

A visit visa has nothing todo with inland or outland sponsorship applications. Your husband if eligible may also get a visit visa approved if he has a outland application in process. and even with a outland application your husband can also stay in canada during the process if he has a visit visa.

Conclusion: visit visa has its own merits which must be met.

you can read more about how cic deal with applicants who have dual intentions at:
http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp

Hope it helps

 

[drnafisa]

Thank you so much Kriv. Just one more question.

My husband is also assigned by his workplace to expand the business overseas, by seeking potential overseas investors.

We are confused if I must provide him with a personal invitation letter or must he apply as a business visitor? As the workplace is supporting for my husband to travel for such purpose as well.

If applied for business visit reason, I am afraid that the immigration officer should feel that we are trying to "make stories" as you were suggesting.

In this case there are so many intentions - although all of them are legitimate, however, it can cause confusion. I wanted to know what is the best way for the best outcome.

Kindly advise in this matter.

Thanks & regards
dr

 

[kriv]

Thank you so much Kriv. Just one more question.

My husband is also assigned by his workplace to expand the business overseas, by seeking potential overseas investors.

We are confused if I must provide him with a personal invitation letter or must he apply as a business visitor? As the workplace is supporting for my husband to travel for such purpose as well.

If applied for business visit reason, I am afraid that the immigration officer should feel that we are trying to "make stories" as you were suggesting.

In this case there are so many intentions - although all of them are legitimate, however, it can cause confusion. I wanted to know what is the best way for the best outcome.

Kindly advise in this matter.

Thanks & regards
dr

there is no separate application or visa for business visitors (both are visiting visas,TRV). its just the intentions which are different. if your husband have choose to show his intent as a business visitor then logically your invitation letter will make no sense rather your husband should have his documents to prove his business meetings or business plan which can be hotel bookings,all expense sponsored by the employer, letters from the company he is visiting in canada, his employer consent/reason to send him to canada etc etc. will it look credible if it is like... An employer sending his employee Just to Blind hunt for opportunities with no concrete plans or arrangements (meetings, travelling and living cost) and in the same city (city having no relevance with his business domain) where his wife lives ( and wife or employee bearing the cost of living) for a period of 2,3 months.

during his business visit to canada meeting his family or friends will be a secondary reason. so stick to the major/main reason(business) as that's the main reason why he is applying for a canadian visa. No harm to state your secondary reasons but remain focused on the Major reason to visit canada.

 

[drnafisa]

Thanks Kriv

That makes sense. In my case, the main reason for my husband would be to visit family and the secondary reason would be to develop industry relations etc. while he is visiting the country.

Thanks!
dr