Using Visitor Visa (TRV) as Legal Status for Inland PR Sponsorship

[oahcrenrew]

Hi,

I have searched around quite a bit, and still can't find a satisfying answer.
I am Canadian & my fiance is Japanese.
My situation is, my soon to be wife will come in as visitor in February. Our plan is to get married right away, then apply for inland PR sponsorship.

Is there any risk involved for her using visitor visa (TRV) as the legal status for the inland PR sponsorship application?

She won't be working. I understand that this involves dual intent, that her TRV is to stay only temporary, while the PR application is to stay permanantly. That's why I am uncertain about the risk.

So, to rephrase my question:
1) Is there any risk for her to come in as a visitor, and tell the border officer that she is coming in to get married
2) Is there any risk using visitor visa as legal status to apply for inland PR spouse sponsorship

Thanks

 

[CDNPR2014]

1. no - however CBSA may ask her to prove her ties to her home country. remember, she is only a visitor, she can not act like she is "moving to" or planning to "live in" canada until she is approved for PR. she needs to act and speak like a visitor.

2. no. dual intent is specific to CBSA and has nothing to do with the PR application. There are many PR applicants in canada on visitor visas. one thing has nothing to do with the other.

i would recommend applying as "outside of canada" since Japanese applications are processed relatively quickly. She can be IN canada as a visitor while applying "outland". the only benefit to inland is getting a work permit after 4 months. more than likely though, as a Japanese applicant she can be totally approved as an outland applicant in 8ish months i believe? Unfortunately i can't find a thread on the family sponsorship board specific to Japanese applicants to confirm the real time processing. Note, the time posted on the website is not an average and doesn't represent what current, real applicants are facing.

I'd recommend hanging out on the family sponsorship board. you're bound to get more information there.