Declaring intent at border

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gavinbr

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Declaring intent at border
« on: December 02, 2016, 04:48:29 AM »
I'm returning to Canada December 11 after 15 years in Brazil with my Brazilian wife (we've been legally married in Brazil for a year, and she as a 5 year multiple entry visitor visa). Our intent is to apply for spousal sponsorship from within Canada. I recall reading elsewhere on this site that I should declare our intent at the border, and that Canada customs agents are oriented to allow spouses to enter knowing they plan to seek residence from within. Does that still stand?

One other question: with all this talk of annual quotas for immigration, should we rush to get our entry in before the end of December, or wait till the first days of 2017? Does that make any difference as to which "quota year" our application gets processed?

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Riley Haas

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Re: Declaring intent at border
« Reply #1 on: December 02, 2016, 10:22:49 AM »
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I recall reading elsewhere on this site that I should declare our intent at the border, and that Canada customs agents are oriented to allow spouses to enter knowing they plan to seek residence from within. Does that still stand?

No, absolutely not. This was misstated by myself and possibly some other people. Sorry for any confusion. Unfortunately, it's a lot more nuanced than that. Your wife needs to show that she will respect the rules of entering Canada as a visitor, particularly leaving when her status expires. On the other hand, she can have the intention of being sponsored. This is called "dual intent" and it's tough to strike that balance: she has to show that she will leave if the sponsorship is denied, is my understanding.

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with all this talk of annual quotas for immigration, should we rush to get our entry in before the end of December, or wait till the first days of 2017?

Well, there are quotas every year, and this one is higher than it's been in many years, if not ever. Spousal sponsorships are not affected by the quotas anywhere near as much as parental sponsorships, so you should be good whenever you apply.

I hope this helps and I apologize again for any confusion.

 

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