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Bain

Newbie
Apr 5, 2017
1
0
Hello,

We are in a very strange situation. My wife is in Canada on a visitor's visa which was issued in China (Her home country). We are married and we were about to apply for PR within the next week. Coincidentally, we received her admissions letter from University today.

I apologize if this seems like illogical rambling but please ask me to clarify if you can help, THANKS!

- She is currently here on visitors visa with an extension (received a week ago), and is therefore valid until September 2017.
- From my understanding, she cannot apply from inland for a study permit since she is here on visitors.
- But in the PR guide it suggests you not to leave the country during an application process. (Would be impossible to follow if we want her student visa)
- From my understanding, a major reason for many rejections is lack of proof that you will not remain in Canada after finishing school - this is a huge problem if we have a PR application going at the same time and her husband is in Canada!
- I have read about 'dual intent' on here quite a bit and took a look at the website as well. The only problem is that it seems to focus on a different type of PR application and not spousal - Could somebody clarify if I am mistaken?
- I know the two applications do not go hand-in-hand, however, our biggest worry is that say we hold off on the PR application, she goes back to China and applies for student visa but does not get it (husband is in Canada after all). Then how would she be able to come back? She will have stayed over 6 months on her last visit, and is obviously planning to remain in Canada, how will the customs let her in despite the multi-entry visitors visa? We have heard of so many stories of people being refused because it seems like they plan to remain in Canada forever due to extended stays in the past. We were counting on her PR application that would be processing as a legitimate way to get back into Canada should she have to leave. But now what?

Any help is greatly appreciated!
 
From Canada, she would have to send her study permit application either to her home visa office or have it processed through a US visa office. Yes - she can claim dual intent and include proof that she has an inland application in progress.

Whether she is allowed back into Canada if she leaves is up to the CBSA officer. None of us can predict that. Having a PR application in progress doesn't guarantee re-entry.