dual intent for spouses

rjs: I'm just wondering if anyone has done this or is going through the process. I'm looking to bring my wife into the country while she waits on the PR application (i'm a citizen by birth). We're thinking about applying for a temporary and applying for the permanent application simultaneously. On the temp I'd write the letter of invitation and provide my T4. Neither my wife nor I have any black marks against us (medical or criminal). I'm just wondering if these types of applications for TRVs ever work because I don't hear them mentioned much. I am worried that it could be a little hard to prove dual intent for a spouse compared to someone that just wants to study in Canada, and that if they don't accept her dual intent, that they may regard it as an attempt to deceive and therefor cause problems with the PR application.

Typical, but not at all universal for spouses of Canadian citizens or Canadian PRs:

-- Spouses from visa-exempt countries are often, probably usually, allowed to enter Canada as visitors even though they have, or will soon have, an application for sponsored PR also in process. Recognition of dual intent allows this.

-- Spouses who are from a country that is not visa-exempt are usually (most often) not granted temporary visas, such as a visitor's visa, even if they assert dual intent.

Neither of these is guaranteed. Neither is certain. A lot depends on the particular circumstances.

For the spouse from a visa-exempt country, for example, it is far better to be accompanied by the Canadian spouse when arriving at the POE to enter Canada, and for the Canadian spouse to do the talking as much as possible, being very up front about applying for PR and recognition that the non-Canadian is obligated to leave Canada if and when status in Canada expires. In contrast, if the officer at the POE apprehends that the person does not have dual intent, but has plans to stay in Canada, or is likely to stay in Canada even if status is denied or withdrawn, the spouse can be denied entry (and more than a few are) despite being visa-exempt.

For the spouse from a country that is not visa-exempt, some have circumstances and travel history and such that will overcome the usual denial of a temporary visa -- generally these are individuals who have an established history indicating that they will in fact not remain in Canada if status to do so is withdrawn or denied. Someone with a history of coming to Canada for temporary purposes, for example, and timely leaving, would have a much higher chance of being granted temporary status again.

Another potential situation which may improve the odds of obtaining a temporary visa for the spouse of a Canadian might be where the couple have been living together abroad for a significant period of time. My recall is quite rusty about this, but it seems to me that if a Canadian met and married while abroad, abroad for a job or some other temporary but extended period of time, and they lived together as a couple (especially if as a family), this is a situation which should improve the odds of obtaining a temporary visa, but I am not at all sure of this.

Note: A close relationship with a Canadian is a factor which, in-itself, raises the question, and to a large extent tends to support an inference, that foreign national (anyone not a Canadian) has the intent to stay in Canada.

Absolutely, anyone applying for a temporary visa to Canada needs to be forthcoming about having a relationship with a Canadian, especially if that is a marital or common-law relationship; additionally, any such person applying for temporary status should be sure to be upfront about plans to apply for PR.