Dual intent in spousal sponsorship clarified by Canada

In Canada, a dual intent for spousal sponsorship enables applicants to apply for a visitor visa at the same time of applying to sponsor a spouse or common-law partner.

Many couples currently first apply for a TRV and then apply for inland sponsorship after arriving in Canada. To apply for a Canada PR as a temporary resident, the immigration officers must be convinced that the applicant will leave Canada at the end of the expiry of the temporary visa.

On October 30, 2020, Canada immigration officers got instructions to consider the individual circumstances of foreigners getting sponsored for PRas a common-law partner or spouse. The factors they must consider include:

• If the sponsorship application has got approval
• If the application for PR has got stage one approval
• The extent to which the applicant has maintained ties in their home country
• In case their application is not approved, what’s the plan of the applicant

The common-law partners and spouses must convince the immigration authorities that they will stay in Canada only as long as they have legal status to do so.

The major factors immigration officers have to consider while assessing a temporary residence application are:

• The period the applicant will spend in Canada
• The applicant’s means of support
• The applicant’s obligations and ties to the home country
• The context and the purpose of the applicant’s stay
• The credibility of documents and information submitted; and
• History ofapplicant’s compliance with Canadian immigration laws, as well asbiographic and biometric information made available to share

The officers are also instructed to be aware of the concerns of the applicants and give them the opportunity to respondin case their intentions look doubtful. In case the officer refuses to approve the temporary residence application, the officer must issue a letter explaining why to the applicant.

IRCC can refuse the application if the applicant is only aiming at obtaining Canadian Permanent Resident visa in applying for TRV. This is applicable even if the applicant may in time qualify for CEC or a PNP. The final decision in this regard will largely be on the discretion of the immigration officer.

If you are looking to Study, Work, Visit, Invest or Migrate to Canada, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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Note:

TRV – Temporary Resident visa

IRCC – Immigration, Refugees and Citizenship Canada

CEC – Canada Experience Class

PNP – Provincial Nominee Program

PR – Permanent Residency