Questions about how to prepare for your first arrival in Canada - customs, proof of funds, initial settlement help, etc... Tell us what happened when you first landed in Canada.
Principal applicant
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Syphon74 Posts: 4
Posted On: 1/28/2021
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I'm not the principal applicant, however I'm the one with the resources, I would like to know if there's a way to make the landing first because everywhere I read, they only say that if I'm not the principal I couldn't enter first, even in my COPR in the last line, it says dependant: my wife, I don't really understand, in my landing do they have information about who the principal is? I really think it's absurd. Thanks
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PMM Posts: 661
Posted On: 1/29/2021
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Hi
Syphon74 wrote:
I'm not the principal applicant, however I'm the one with the resources, I would like to know if there's a way to make the landing first because everywhere I read, they only say that if I'm not the principal I couldn't enter first, even in my COPR in the last line, it says dependant: my wife, I don't really understand, in my landing do they have information about who the principal is? I really think it's absurd. Thanks
1, No, the principal applicant has to "land" first. The dependent can "land" later or at the same time.
2. You may think it is "absurd" that is the law.
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Moderator Moderator Posts: 4075
Posted On: 2/16/2021
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Hello,
Thank you for sharing your question with us. You asked whether you can land in Canada first, before the rest of your family lands, even though you are not the principal applicant. The short answer is no.
When a foreign national who holds a permanent resident visa arrives at a port of entry, seeking to become a permanent resident, the Border Services Officer (BSO) is usually required to find that the principal applicant is still both eligible and admissible before granting permanent resident status. This cannot be done if the principal applicant is absent.
According to the Enforcement Manual for Port of Entry Examinations, a BSO encountering a situation where a family member arrives before the principal applicant should not grant permanent resident status to the family member. Rather, the BSO should defer the examination. If the BSO has reasonable grounds to believe that the rest of the family will not be coming to Canada, they may initiate enforcement action, which could eventually lead to a finding of inadmissibility (i.e no Permanent Resident status).
To conclude, if you land first before the rest of your family (such as your wife), the BSO will know who the principal applicant is, and it is very unlikely that you will be granted permanent resident status at the port of entry.
We hope that the information we provided is helpful to you. We would also recommend you to seek legal help from a lawyer or a licensed consultant familiar with Canadian immigration to find more information about your particular circumstances.
Please let us know if you have further questions.
Sincerely,
Your Settlement.Org team
Disclaimer:
This document does not contain legal advice.
This document was prepared with the assistance of PBSC University of Toronto law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer.
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