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overlapping application

LDRnoMore

Newbie
Sep 5, 2018
4
0
Hi everyone,
I am a newbie here, though I have been reading some related forums to my situation but i need more specific advise...wisdom from you guys who are expert to such thing.

My situation is...
I am on a dilemma on which one to process first, marriage uk visa or canada PR. As i need to leave as early as possible. I was thinking to process two application at the same time, but i'm afraid it might affect one or the other. my goal is to leave before end of August next year.
both application takes 6 months. Though having read some forums and talked to friends about caring for children pathways, it usually takes only 3 months.
Is it possible for me to process my visa first then overlap it with my pr application?
Does it really affect one or the other application?
The main thing I am concern is that if i will process my visa...i would definitely be submitting my passports too.Does PR application needs my passport ?

My fiance wanted me to let go of my PR as i won't be needing it anyway in UK.
But my family and friends and also my conviction...says i need to get it. Because worst comes worst, what if something happened, and knowing that UK immigration rules changes...at least I have country to go back to... and I am not back to zero kinda thing.
I am a filipino citizen by the way, if you guys want to know.
so it worries me the future...

Hoping for your wise advise in my situation.
I appreciate everything in advance.

with thanks,
LDRnoMore
 

jddd

Champion Member
Oct 1, 2017
1,517
565
I would assume that having concurrent applications will cause either or both to be rejected. I don't know about the UK but Canada does not look kindly on people who do not INTEND to live in Canada. UK and Canada will share information about your application. You would be asked why you are trying to immigrate to 2 different countries at the same time. My advice is, choose one and stick with it. Canada may have a change of government too so your reason of immigration rule changes in the UK apply here too.
 

LDRnoMore

Newbie
Sep 5, 2018
4
0
I would assume that having concurrent applications will cause either or both to be rejected. I don't know about the UK but Canada does not look kindly on people who do not INTEND to live in Canada. UK and Canada will share information about your application. You would be asked why you are trying to immigrate to 2 different countries at the same time. My advice is, choose one and stick with it. Canada may have a change of government too so your reason of immigration rule changes in the UK apply here too.
sir jddd, you are have point to that thank you.

follow up question, will there be chance of getting rejected with my PR if i already applied for UK marriage visa?
as i was planning to apply for my visa first then the PR if its not possible to apply for both at the same time.
 

russ6970

VIP Member
Sep 14, 2017
3,067
627
Newfoundland
Category........
FAM
LANDED..........
31-12-2020
sir jddd, you are have point to that thank you.

follow up question, will there be chance of getting rejected with my PR if i already applied for UK marriage visa?
as i was planning to apply for my visa first then the PR if its not possible to apply for both at the same time.
I think your question has already been answered above. YES applying for 2 visas for two separate countries WILL affect each other.
 

jddd

Champion Member
Oct 1, 2017
1,517
565
I think your question has already been answered above. YES applying for 2 visas for two separate countries WILL affect each other.
This. If you just got a UK “marriage” visa (which you will need to disclose because they will find out), the chance of them believing you want to settle in Canada will be low to none.

Please do not waste IRCC resources by applying for PR if you don’t want to live here. It not only prolongs wait times for others who actually are focused on Canada, it also creates doubts in visa officers’ minds about everyone else’s applications. Canada is NOT a back up country.
 
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bricksonly

Hero Member
Mar 18, 2018
433
54
One of my friend applied PR of Canada, Australia, and New Zealand at the same time and all were approved. He just picked the earliest one, New Zealand. However, this happened in around 2000, 18 years passed...
 

dpenabill

VIP Member
Apr 2, 2010
6,282
3,041
This discussion is out-of-scope here, since this particular forum/conference is about preserving or maintaining PR status, not about obtaining status. For a more responsive discussion of this query, see respective forums grouped under "Immigration to Canada," and respective topic in particular, such as those about Express Entry or Skilled Worker applications for PR, or Family Class, as appropriate.

Nonetheless, note: Except in very specific contexts (examples: required intent to relocate to Canada to live for sponsored spouse application family class PR if application made by sponsor living abroad; certain provincial nominee programs), generally Canadian immigration law and rules do NOT impose specific intent requirements. And, correspondingly, there is thus little or no scrutiny or inquiry regarding the individual's intentions.

Intent, or the appearance of intent, may influence processing indirectly, in SOME (no where near all) contexts, but this is typically related to an IRCC decision-maker's impressions about the individual's credibility, generally, or specific factual questions in particular. Thus, for example, in processing a PR card application from a PR who is cutting-RO-compliance-close, who does not appear to have settled to live in Canada long-term, and who does not appear to intend to settle and live in Canada permanently, IRCC cannot make a negative decision on the grounds the PR does not have an intention to settle and live in Canada . . . even though that is the clear purpose of the grant of PR status. BUT the IRCC decision-maker may observe this about the PR and apprehend the PR is possibly engaged in gaming-the-system (and thus approach the PR with suspicion) OR the PR's accounting of presence in Canada should be more thoroughly scrutinized, thus triggering non-routine processing and potentially more skeptical decision-making.

Generally, Canada dropped most intent-related requirements nearly two decades ago, in favour of more definitive criteria. (Thus, currently, the PR Residency Obligation has no intent element at all, but rather is based on the objectively measurable number-of-days-actually-physically-present.)

I do not know the particular requirements for the various classes of PR visa applications, so I cannot offer an informed opinion about how applications in other jurisdictions might affect CANADA's approach, but unless there is something about qualifying for the application to the other country that overtly conflicts with the specific qualifications for the class of immigration applied for in Canada, other than intention, I DOUBT there is any effect on the CANADIAN application.

Effect on an application to the other country DEPENDS ON THAT COUNTRY'S LAWS AND RULES. Note, for example, that the U.S. does have certain intent requirements for its Green Card (which I do not know in particular but am aware of in general).

Thus, for example, having a U.S. Green Card does not affect eligibility either to be granted PR status in Canada or to keep PR status in Canada. But, having PR status in Canada can affect eligibility to keep a U.S. Green Card (because of the U.S. rules, not the Canadian rules).

While having a U.S. Green Card does not affect eligibility to keep PR status in Canada, it warrants noting that given the intention requirements imposed by the U.S., a Canadian PR may face more questions about PR RO compliance (when relevant, such as during PR card renewal or upon arrival at PoE to return to Canada). In particular, a Canadian examining officer may wonder and make inquiries about how it is the PR is managing to be in Canada and still be able to satisfy his or her obligations to the U.S., particularly given the U.S. intent requirements. Obviously, this is more likely, or potentially of more concern, if and when the PR is cutting-it-close in meeting actual presence requirements in Canada.

OVERALL: Queries directed to matters involving a country other than Canada CANNOT be fully answered by looking to Canadian laws or rules. Canada's laws govern Canadian status. Status in other countries is governed by the specific country, respectively. And there is a great deal of variation from one country to another.

When Canadian immigration applications request information about status in other countries, this is mostly about facilitating thorough background checking. In most respects Canada does not care what status, as such, an immigrant or prospective immigrant has in another country (with certain exceptions, like refugee class applicants, for which citizenship in a safe country usually precludes eligibility for refugee status in Canada), but it does care about the fact the individual has had such status so that the individual's background and related information is known to be fully disclosed. An application for marriage-related immigration to another country, for example, will reveal the existence of family members who MUST be disclosed and examined in an application for PR in Canada (just one small example among many). Applications and grants of status in other countries will also reveal relevant information as to locations where a person has lived or worked or studied, all of which are relevant to verifying who the person is generally and places for which criminal record clearances are needed specifically (just one more small example among many).