Too Dual Intent or to not Duel Intent

[Hackett33]

I have an interesting situation that I'm not sure what to do about.

I'm Canadian been living and working in Panama for almost 9 years now and i work for HP my wife is Panamanian and my 2 children where born here.

Recently I have been transferred to Canada for work and I'm supposed to begin in July there. (someone flexible start date) Months ago i called the visa contact center and explained my situation and asked if we could just get a TRV for my wife and kids and then just apply for the PR when in Canada and they said yeah sure go for it basically so we went on our marry way. Today my wife goes to DHL here and spoke to a guy from the visa center that compiles the files and sends it to Guatemala for processing and he tells her that if she says that her intent is to apply for a PR in Canada they wont give her the visa and her only real choice is to lie and pretend to visit or just apply for a PR from outside and wait the time it takes.

I found an immigration company and gave them a call for some "professional" advice (ACAN Immagration) and he agreed that they would probably not approve that visa under that circumstance but did not suggest traveling there under the pretense of a visit as if CIC determines we did that they could not only kick her out but possibly ban her from Canada.

The issue we have is not only my start date but my wife has already left her job we have signed a lease for a home there and taken the kids out of school in preparation to leave

So now to the question, our choices are wait in Panama apply from outside for a PR and wait the 7-8 months or maybe get the TRV travel there and apply as someone from outside, my wife could then travel back and forth as needed. really not sure what to do here. Ideas?

 

[canadianwoman]

Months ago i called the visa contact center and explained my situation and asked if we could just get a TRV for my wife and kids and then just apply for the PR when in Canada and they said yeah sure go for it basically so we went on our marry way. Today my wife goes to DHL here and spoke to a guy from the visa center that compiles the files and sends it to Guatemala for processing and he tells her that if she says that her intent is to apply for a PR in Canada they wont give her the visa and her only real choice is to lie and pretend to visit or just apply for a PR from outside and wait the time it takes.

Yes, your wife can apply for a TRV, and then apply for a PR visa while in Canada. But in these circumstances the TRV is usually refused.
However, there is no reason to think of it as lying. She can apply to visit Canada; it could be that she won't like it, and will decide to not apply for PR later on. Not likely, but possible, so on the TRV application she should say she wants to visit, and provide proof she will leave Canada. It is very unlikely she will get a TRV in any case.
'Dual intent' is recognized in the rules, but very seldom in practice.

I found an immigration company and gave them a call for some "professional" advice (ACAN Immagration) and he agreed that they would probably not approve that visa under that circumstance but did not suggest traveling there under the pretense of a visit as if CIC determines we did that they could not only kick her out but possibly ban her from Canada.

OK, it would also be very, very unlikely for CIC to ban her from Canada because she got a TRV to visit Canada, and then once in Canada applied for a PR. Many people do this - come to Canada to visit, then get married there and apply for a PR.
The problem again is that CIC most likely will not give her a TRV anyway.

The issue we have is not only my start date but my wife has already left her job we have signed a lease for a home there and taken the kids out of school in preparation to leave

So now to the question, our choices are wait in Panama apply from outside for a PR and wait the 7-8 months or maybe get the TRV travel there and apply as someone from outside, my wife could then travel back and forth as needed. really not sure what to do here. Ideas?

You could try for a TRV. If she gets one, then apply for the PR once she is in Canada; if she gets a multiple-entry TRV, she could travel back and forth. If she is able to get into Canada, she could apply for her PR inland or outland. The difference is where the application is processed.
If the TRV is refused, you'll have to apply for the PR outland, and she would have to wait. You and the kids (if Canadian citizens) could move up earlier. Since you have been married for a long time and have kids together, your application will probably be processed more quickly than average, and your wife probably won't have to be interviewed (which also lessens the processing time.)

 

[Hackett33]

Her getting a TRV is no problem she has already had 2 in the last 6 years and there is plenty of things here we could prove she would come back, we could if we wanted show that the kids are in school even if they are not they are still registered there and we have home here ect the issue is we are leasing a home in Canada and i think if they did the research they could easily see that we never had intent to leave. We decided to try for the Duel Intent even if its unlikely, will try to make a good case and hope for the best. at the same time we will go for the PR from outside. Best case scenario we will get the TRV under Duel Intent worse case we need to wait the 8 months for the PR. We have a straight forward PR case so i don't "think" there will be a problem. Stakes are too high to try and be sneaky about it, rather wait the 8 months and have a life time of not worrying about it.

Thanks for your reply!