Dual intent entry, what to say to CBSA officer?

[HTS_QC]

Hi,

I am from an eTA/visa-exempt country and married to a Canadian. I would like some clarification regarding what I MUST declare to the border officer when entering Canada with my partner with plans to visit my in-laws/holiday (first/temporary residency intent), but also apply for inland (or outland) spousal sponsorship application (second and permanent residency intent).

I have been advised to only answers the questions I am asked and answer YES/NO as much as possible and give the border officer as less details as possible.

If I show up with a hand luggage only, I expect the border officer will only ask me the usual questions: reason for visit and how many days I am planning to stay.

Now, the question is that on the subReddit ImmigrationCanada I have been banned for a few days by the mods based on the following: “Lying by omission is still lying; purposely omitting material information is still considered misrepresentation, under section 40 of the Immigration and Refugee Protection Act: "40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;"

https://laws.justice.gc.ca/eng/acts/i-2.5/section-40.html

Don't lie, don't mislead the officers about the purpose of your visit.”

So, if I enter Canada having only declared I am entering to visit my in-laws and then I submit the spousal sponsorship application within 2-3 days of entering, would IRCC flag my entry ‘illegal for lying by omission’?

 

[IMMIgroup]

It looks to me like you have done your homework. Your question and observations are spot-on.

- First off, yes, don't dig yourself a hole. Just tell the truth if asked.
- I would keep my answer to a yes/no or short.
- I would keep my phone clean of any damning evidence.
- Remember, CBSA and RICC are two different agencies. They talk, but I am not sure how efficiently.
- Yes, be honest, but future intentions are not set in stone. In other words, someone may be willing to marry a Canadian but is open if the marriage is outside of Canada or inside of Canada.
- Try to relax at the border. One technique is to ask yourself what is the worst that could happen. Not that much. You are put back on a plane and sent home. Now you two will have to get married outside of Canada. Pain, but not the end of the world.
- Consider travelling separately to Canada.
- If you have money, have banking info on your phone (last 3 months), PDF papers of properties you own outside of Canada, business cards from outside of Canada, a full calendar, and so on.
- Look the part, dress nice.
- Have your return ticket ready and ensure it's only a few weeks in Canada.

P.S. I am interested in doing an in-depth article about this topic. Come back and let us know what happened. Also, we have a free spousal sponsorship course.

Immigroup Team

 

[HTS_QC]

- First off, yes, don't dig yourself a hole. Just tell the truth if asked.

ok, so if they DON'T specifically ask me for any secondary intent, I don't break the law by not voluntarly disclosing this piece of info? Would that not be considered lying by omission?

- Consider travelling separately to Canada.

If we travel together, does my wife (Canadian citizen) need to disclose that she is moving back to Canada permanently, or since she is a Can citizen she will just not be asked any question? Would they ask her the reason for her visit and how long she is planning to stay? Or they would only ask me as I am not Canadian?

 

[IMMIgroup]

We will write an in-depth article about this topic, and maybe we will interview a few CBSA agents. I will post a link here, but it will take some time before this is complete.

ok, so if they DON'T specifically ask me for any secondary intent, I don't break the law by not voluntarily disclosing this piece of info? Would that not be considered lying by omission?

The most incriminating thing anybody could say is, 'I am moving to Canada.' Future intentions change all the time.

If we travel together, does my wife (Canadian citizen) need to disclose that she is moving back to Canada permanently, or since she is a Can citizen she will just not be asked any question? Would they ask her the reason for her visit and how long she is planning to stay? Or they would only ask me as I am not Canadian?

Well, if you have decided to move back to Canada, show up at the border with 8 big suitcases, or lease an apartment for one year, your phones are full of this information. You have increased your odds of being sent back. Not your wife, but you.

On the other hand, if you show up intending to look around, visit family, and then maybe talk about living in Canada. Then you are here visiting family.

 

[MBCanada]

I would also be very interested in learning the reply to this question and its nuances. I am a Canadian citizen who has lived many years outside of Canada and intend to settle in Canada this year and submit an inland spousal sponsorship for my husband's permanent residency shortly after we arrive to Canada. My husband is foreign and has had a 10-year multiple entry V-1 Visitor visa to Canada since 2015, having entered and exited Canada a number of times on that visa when we have gone to Canada to visit my family. He will be arriving to Canada a week or so after I do, and he will be bringing our 4-year-old daughter (who has Canadian citizenship and a Canadian passport, which we obtained for her as a baby through the Canadian Embassy in the country where we have been living) with him.

We have thought that it would be best for me to bring the initial major luggage with me, and for them to bring just a couple of suitcases with clothing, etc., have a return ticket for him for a date that is 3, 4, 5 or just under 6 months after his entry date in case they ask to see proof of intent to exit (which he would absolutely use if for some reason his PR application or related applications to extend his stay were to be denied), but are not sure if the return ticket is necessary or if a date any longer than 2 or 3 months out (to "spend the summer in Canada with family and so that our daughter can gain greater fluency in English") would cause them to have any issues on arrival, and we are doubly unsure of what he should say to the border official when asked things like "intent of your visit to Canada" and "how long do you plan to stay in Canada", and whether these answers should be the same for both my husband and our daughter, or whether they should be different.

Since we are allowed to apply for inland permanent residence once we are in Canada, it would be really nice to just be able to be totally transparent about it at the border, but my understanding is that we should probably be a little less than transparent?

Will my use of Forms BSF186 fand BSF186A to declare that I intend to settle in Canada and bring my possessions with me, a week previous to my husband and daughter's arrival, cause any issues for them?

While I wish that this were not an issue, I feel some useful additional information might also be that my husband has brown skin, is not entirely fluent in English, and will be arriving by plane with our daughter from a country that is on many people's radars as a "dangerous" country that is "full" of criminals (his passport is also from that country).

If you could take my situation into account when putting together that article you mentioned, and share the link with me (and here), I would really appreciate it!

 

[MBCanada]

I should also add that our daughter is rather talkative and excited about moving to Canada, and while she mostly speaks in Spanish, she entirely understands English and might just say something like "But Dad, we're MOVING to Canada, not just staying for a couple of months!" (most likely in Spanish). This brings up another concern: Is there any scenario in which she, a 4-year-old, might be interviewed separately from her father?

 

[IMMIgroup]

Hi MBCanada,

Here are my thoughts:

• It's nice to see someone thinking things through - you are the minority
• There is a 98% chance everything will be okay. That said, what is the worst that can happen? Your husband is put back on a plane and sent home. You must wait for his spousal sponsorship to process outside of Canada. In the rare circumstance that this does occur, just hire a competent immigration firm.
• With CBSA agent, I would say be honest but keep your answers short (yes or no, if possible).
• Unfortunately, this is such a grey area that I can't really elaborate anymore until the article comes out. CBSA has rules that are not always black or white.
• The return ticket is a good idea. Keep it in the range of 2-4 months.
• Another idea is to book your ticket on a busy day and high traffic times.

 

[IMMIgroup]

Here is Immigroup's article about - Border Interview Questions - How to deal with CBSA agents like a pro!

It's still being worked on, but your feedback would be appreciated.