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Success: Visitor Record (Dual Intent) @ USA Border

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Visitor Record @ USA Border

We are pleased to share a recent success story involving a U.S. citizen who was admitted to Canada on September 29, 2025, and issued a Visitor Record under the principle of dual intent.

The client traveled to Manitoba to reunite with her Canadian fiancé, following over three years of living together in the United States. Although the couple had submitted a Spousal Sponsorship application (Regular stream) in June 2025; however, IRCC returned the application due to missing documentation. No applicant wants to see their application returned; however, a “returned” application is much less serious than a “refused” application. In this case, when the application was returned, the couple only saw this as a minor setback that added complexity to their move to Canada. It was also an eye-opening experience that motivated them to find professional help.

The couple contacted our firm and we helped them fix the situation. We worked with the couple and put together a beautiful package for the Officer at the border. She demonstrated that she had a genuine, temporary purpose of travel, along with strong ties to the U.S. and a solid history of compliance with immigration rules. At the same time, using the Dual Intent provisions per Canadian law, she was forthcoming with her future intent to submit a PR application. Our legal arguments, of course, were accepted by the Officer.

This outcome reinforces that even amid heightened scrutiny at the border, dual intent continues to be a successful pathway when clearly presented and properly supported.

Timeline of Key Events

  • 2022 – 2025: Client and her fiancé started cohabiting.
  • June 2025: Submitted an outside-Canada spousal sponsorship application, which was returned.
  • August 2025: Fiancé returned to Manitoba for work.
  • September 4, 2025: Client contacted CIL for help.
  • September 16, 2025: Client retained our service – Team at CIL worked with client and her fiancé (sponsor).
  • September 29, 2025: Client successfully entered Canada and was issued a Visitor Record.

Although client had never been denied entry, the case still required careful attention. Her intention to eventually apply for permanent residence could have been misinterpreted at the border without the right documentation and legal framing.

Key factors that contributed to this success:

  • A clear and credible plan for temporary stay with demonstrated ties to the U.S;
  • A genuine purpose of visit supported by evidence; and,
  • Advance preparation under the dual intent framework, ensuring transparency and compliance.

Her case reminds us that even without prior refusals, a proactive and well-informed immigration strategy is essential when long-term plans include applying for permanent residence. We are proud to have supported this couple in taking the next step toward building a life together in Canada.

Every case is unique. Whether you are preparing for a first-time visit, or reapplying after a refusal, we are here to help you navigate the complexities of Canadian immigration law with clarity and confidence.

 

 

 

Success: PGWP (Part time student)

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If you read this space, you know that we have helped 1000s of students in Canada. We help them come to Canada, extend their Study Permits, change DLIs, apply for PGWPs and help them get PR status. Every case is different. Today, we can share a difficult situation. Our client came to us after she graduated from her study program. She had multiple part-time academic semesters on her transcript. She had medical issues. She had gone through a difficult time being separated from her family in Bangladesh.

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Thankfully, after significant work, we were able to help our client get a 3 YEAR PGWP, and we are now helping her gain PR status in Canada. To be eligible for a Post-Graduation Work Permit (PGWP), students must complete an eligible program of at least eight months at a Designated Learning Institution (DLI), maintain full-time status throughout their studies (with limited exceptions), and apply within 180 days of receiving proof of completion. The permit is valid for up to three years and can be issued only once.

At Clarke Immigration Law, we are dedicated to providing professional and compassionate immigration assistance tailored to each client’s unique situation. Our work goes beyond preparing applications we strive to understand our clients’ personal journeys, identify challenges early, and find the most effective legal pathways available under Canadian immigration law. In 2024, our team handled a Post-Graduation Work Permit (PGWP) application for an int’l student whose academic history included several semesters of part-time study, presenting certain complexities under IRCC’s eligibility requirements. Through our careful preparation and advocacy, our team successfully helped the client obtain a PGWP. This case reflects our ongoing commitment to diligence, advocacy, and client-focused service in every matter we take on.

Here is a brief timeline of this PGWP application:

  • JUNE 2024 – Consultation;
  • JULY 2024 – Client retained CIL to prepare and submit PGWP application on client’s behalf;
  • JULY 2024 – Review full package, submitted PGWP application;
  • APRIL 2025 – PGWP Approved.

Our team carefully reviewed the client’s academic history and identified that several part-time semesters were the result of medical circumstances. We worked closely with the client to draft a clear and persuasive explanation outlining the reasons for the reduced course load, supported by appropriate documentation. We ensured that this explanation aligned with IRCC’s policies regarding exceptions to full-time study requirements. By presenting a well-structured submission that demonstrated the client’s genuine intent to study full-time and the legitimacy of their medical leave, we strengthened the application and helped the client obtain approval of their Post-Graduation Work Permit.

We have reported on many changes to the PGWP program over the years and it is very important to keep up to date. 

Success: Entering @ POE

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Crossing the USA/ Canada border may be very stressful. The laws and regulations at a POE are complex and Officers have broad discretionary powers. The current political environment and the hostility with American Officers has compounded the stress and anxiety.

CIL was retained by an American who was denied entry to Canada. He has a Canadian spouse. He tried to enter Canada to be with his family. He had a stressful experience at the POE and the CBSA Officer did not accept his reasons for entering Canada. He was denied his request to enter Canada as a Visitor and the CBSA Officer issued an Allowed to Leave (ATL).

After our client was issued the ATL by the CBSA Officer at the POE, he contacted our office and he retained our services. The team at CIL provided guidance on Canadian immigration laws, including the concept of Dual Intent. After significant work, our client was granted entry on July 18, 2025, and issued a six-month Visitor Record. Normally, individuals from visa-exempt countries do not require a Visitor Record. In this case, however, that was the solution.

This was a complex case requiring thorough preparation, legal submissions, and a clear explanation of the applicant’s genuine temporary intent alongside future plans for spousal sponsorship.

In June 2025, the client, who has strong ties to the U.S., attempted to enter Canada to reunite with his Canadian spouse. Unprepared for the border interview, he was unable to fully explain his intent and was issued an ATL by CBSA.

Recognizing the risks, he sought legal counsel. We advised him on the dual intent principle under the Immigration and Refugee Protection Act (IRPA), which allows a person to enter Canada temporarily while intending to apply for permanent residence.

With supporting documentation prepared and clear re-entry guidance provided, he returned to the border in July 2025 and was successfully admitted.

Brief timeline of events

  • Fall 2022 – 2025: The applicant maintained a committed relationship with their Canadian spouse, culminating in marriage in early 2025.
  • June 2025: Attempted to enter Canada at a port of entry but was denied entry and issued an “Allowed to Leave” (ATL) by CBSA.
  • Early July 2025: The client contacted CIL for assistance. Our team worked closely with both the applicant and sponsor to develop a re-entry plan and long-term immigration strategy based on the principle of dual intent.
  • July 18, 2025: The applicant successfully re-entered Canada and was issued a Visitor Record valid for six months.

This was not just a matter of reapplying, but it was about presenting the applicant’s case clearly, within the scope of Canadian immigration law, and ensuring CBSA had a full and accurate understanding of the situation.

Key elements that contributed to this outcome:

  • Clear demonstration of dual intent, in line with IRPA and updated policy guidance.
  • Strong supporting documentation, including evidence of ties to the U.S. and the genuine nature of the applicant’s relationship.
  • Proactive handling of the prior refusal, showing accountability and steps taken since.
  • Careful preparation for re-entry, including timing and presentation.

Every immigration case is unique. This one required clarity, persistence, and a well-prepared approach, and we are proud to see this family reunited in Canada.

 

 

Presentation: CBA Conference (Victoria BC)

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On 6 June 2025, Alastair Clarke will be moderating a panel at the CBA National Immigration Conference which will be held in Victoria, BC. Alastair completed his undergraduate degree at UVic many years ago so he is very excited to return to the city. Chantal Desloges will be a speaker on the panel as well as a representative from IRCC. Here is a description of the presentation:

The Art of Staying Legal: Mastering Temporary Residence Issues Facing Your Clients
Room: Carson Hall C, Victoria Conference Centre, 2nd floor

This session will be offered with webcasting and simultaneous interpretation *

With Canada intensifying enforcement efforts and focusing on reducing the temporary resident population, maintaining legal status has become more critical than ever. This session provides an in-depth review of key issues surrounding temporary residence, equipping practitioners with the knowledge to guide their clients effectively. Topics include the impact of the cancellation of flagpoling, advising clients on maintained status and IRCC’s maintained status letters, and addressing challenges faced by Visitor Record holders due to IRCC’s shifting interpretations. The session will also explore the laws and procedures for restoring status and obtaining Temporary Resident Permits, ensuring you’re prepared to help your clients navigate these complex challenges.

Speakers:
Chantal Desloges, Desloges Law Group Professional Corporation (Toronto, ON)
Julie Campeau, Immigration, Refugees and Citizenship Canada (Ottawa, ON)

Moderator: Alastair Clarke, Clarke Immigration Law (Winnipeg, MB)

If you would like to attend this presentation, I hope you are already registered. This conference is extremely popular and the conference is sold out.

For the full agenda and a list of other speakers and moderators, please click on this link. 

We expect IRCC will be making significant announcements during the conference. This is the largest annual conference for Canadian immigration lawyers and it is a chance for representatives to speak directly with IRCC Officers, CBSA Officers, policy analysts, Federal Court judges and other professionals.

We are hoping that Minister Diab will attend the CBA conference. She has not yet confirmed her attendance. She has only been Minister of IRCC for less than a month.

Alastair Clarke previously presented at the CBA National Immigration Conference in 2017. At that time, Canada was dealing with a crisis at the border with many refugee claims and he was recognized as an expert on the STCA. That presentation received strong support and he subsequently gave interviews on CBC News, Global News and many other programs.

CIL strongly believes in public education and awareness. There is significant misinformation online and many websites include outdated or obsolete information. Unfortunately, we regularly meet individuals who rely on bad information or incorrect advice and that may lead to significant problems.

 

Success: TRV (inside Canada)

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We know the Canadian immgration system can be complex and difficult to navigate. Last month, an int’l student came to our office. He has been studying in Canada for many years and he wants to spend time with his family at home. He is in Canada on a Study Permit. He applied for a Visitor Record so that he could leave Canada and come back to his studies. If you are familiar with our system, you will know that he applied for the wrong document. A Visitor Record does not give a FN the right to re-enter. He came to us for help and we helped with an expedited TRV application from inside Canada. It was approved and he can now go and visit his parents.

Here is a brief timeline of Emmanuel’s TRV  application:

  • MAR 2025              Prepared supplementary document checklist, collected and reviewed documents;
  • MAR 2025              Reviewed full package, submitted OWP application;
  • APR 2025.              TRV Approved.TRV inside Canada

TRV approved. We wish him safe travels!

 

 

MB MPNP Work Permits – New Policy

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It is no secret that the MPNP program is the best PNP in Canada. It is also the original, first PNP program. My kids may say that the MPNP is the “OG” PNP in Canada. I would love to say that MPNP gets special attention by IRCC based on the history of the program and the high level of expertise by MPNP Officers. They spend significant time vetting the applications. We have helped 1000s of people through the program to get PR status.

Alastair Clarke was in Montreal in 2024 when Manitoba negotiated the previous Temporary Public Policy for Work Permits. That public policy was announced in MAY 2024 based on specific program requirements at that time. We were able to help our clients get Open Work Permits through that program and then help them with PR status.

The APR 2025 program is based on the same public policy section of IRPR that allows Officers to issue Work Permits. That said, the APR 2025 policy is different from the MAY 2024 policy. We know that many applicants had issues with the MAY 2024 public policy and we met with many clients who received refusals from IRCC as they did not properly submit the application. This program opens on 22 APR 2025.

For this 2025 policy, we strongly recommend that applicants hire a professional for the Open Work Permit application.

Basis eligibility requirements:

MPNP candidates who meet these basic requirements may be eligible for this Open Work Permit application:

  • Hold a valid work permit that will expire in 2025, or
  • Held a work permit valid on May 7, 2024 that has since expired and have submitted an application for a new work permit under section 200 of the Immigration and Refugee Protection Regulations, or
  • Held a work permit valid on May 7, 2024 that has since expired and have submitted an application for an extension of the authorization to remain in Canada as a temporary resident under section 181 of the Immigration and Refugee Protection Regulations, or
  • Held a work permit valid on May 7, 2024 that has since expired and have submitted an application for restoration of temporary resident status under section 182 of the Immigration and Refugee Protection Regulations, or
  • Were authorized to work pursuant to paragraph 186 (u) of the Immigration and Refugee Protection Regulations on May 7, 2024, and the work permit extension application remains pending or was approved, and have submitted an application for a new work permit under section 200 of the Immigration and Refugee Protection Regulations, or
  • Were authorized to work pursuant to paragraph 186 (u) of the Immigration and Refugee Protection Regulations on May 7, 2024, and the work permit extension application remains pending or was approved, and have submitted an application for an extension of the authorization to remain in Canada as a temporary resident under section 181 of the Immigration and Refugee Protection Regulations.

Additional requirements:

  • They had a valid Manitoba Provincial Nominee Program Expression of Interest profile on January 15, 2025, and have a valid Manitoba Provincial Nominee Program Expression of Interest profile at the time of this application
  • They were residing in Manitoba prior to January 15, 2025 and have continuously remained residing in Manitoba
  • They are currently employed in Manitoba with a Manitoba employer that is willing to provide a letter of employment*.
  • They are intending to establish in Manitoba as a permanent resident.

Professional Help

If you would like our services, the first step is to call CIL and book a consultation. We will review your situation, including the requirements. If the client is eligible, we can provide a quote for the necessary services. For our base fees, we have published our fees online to provide guidance.

Petition to save EESE

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CIL works with many partners and service providers in Manitoba to help our clients. Alastair Clarke regularly gives guest lectures to students at UofW, Robson Hall and he has helped students at the Enhanced English Skills for Employment (EESE) in Winnipeg. This is a valuable program for newcomers so they can understand how things work in Canada and, of course, so they can improve their English skills. As you can read from Alastair’s bio, he was an ESL teacher in Japan for many years so this program is close to his heart.

We encourage you to sign this petition to support EESE and similar programs. As stated by EESE:

The federal government has decided to cut funding for Enhanced English Skills for Employment (EESE) and similar programs serving newcomers with Canadian Language Benchmark levels 5-8.

If this decision is not reversed, EESE will close on March 31, 2025, leaving hundreds of newcomers without critical resources for language education, integration and employment.

This decision will affect many newcomers to Manitoba. These classes help students learn many aspects of Canadian culture, not just English skills.

As described in the petition:

Petition to the Minister of Immigration, Refugees and Citizenship

Whereas:
  • Enhanced English Skills for Employment (EESE) has been instrumental in helping newcomers gain essential language skills and a deep understanding of Canadian workplace culture, enabling them to succeed in their new communities and workplace;
  • The decision to close EESE on March 31, 2025, will leave hundreds of newcomers without access to critical education and support for integration and employment.
We, the undersigned, Students and teachers of Enhanced English Skills for Employment, call upon the Minister of Immigration, Refugees and Citizenshipto reverse its decision to cut funding for EESE, which serves newcomers with Canadian Language Benchmark levels 5-8, to ensure its continuation.

We urge you to support EESE and hopefully the Minister will rethink this decision.

Success: OPEN WORK PERMIT (30 days)

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We do our best to share our cases with the public. We know that many people are trying to get information on IRCC processing times. Many people come to CIL and they want PR as quickly as possible. Or they want a Work Permit as quickly as possible. We do our best, of course, to prepare quality packages on behalf of everyone who retains our law firm. I have to highlight that we focus on QUALITY over speed. I have heard too many stories of an agent or an immigration consultant who gets an IRCC refusal and then they immediately send off another application. Sometimes they send off the same application with the hope of a different result. They do not put in the time and effort to improve the application or address the IRCC Officer’s concerns. IMHO, that is bad practice and it is not what we do at CIL.

In this case, we had an urgent situation. Our client needed to support his family. Here is the timeline to show how our client’s Work Permit was approved after only 30 days:

  • OCT 2024              Prepared supplementary document checklist, collected and reviewed documents;
  • OCT 2024              Reviewed full package, submitted OWP application;
  • NOV 2024             OWP Approved.

We have reported quick decisions before. We know that our applications seem to be processed much faster than average processing times. We have reported many past cases and we have seen the evidence.

Notwithstanding the above, we cannot guarantee that all our Open Work Permits will be processed in 30 days.

Currently, IRCC is reporting that AVERAGE processing times for this application is 169 days. We cannot guarantee that our applications are faster than average. Every case is different.

Temporary Status and PR Status

You can read past cases where our clients get PR status much faster than other applicants:

Each one of these applications is processed by an Officer at IRCC. It is important to focus on quality.

Triple Check System

CIL’s triple check system ensures that all applications submitted by our office have the best chance at success. Applications prepared and submitted by Team Members at CIL must follow our “triple check” system. This system ensures that every application is checked and confirmed by at least three people: the Case Worker, the Client and the Manager. The Case Worker prepares the initial draft and works with the client and supporters. All documents are provided to the client to confirm the information is 100% correct. The Manager reviews all the information to triple-check every detail before we submit. All applications submitted by CIL go through the triple-check system – including all packages to IRCC, CBSA, the IRB (all divisions), ESDC (Service Canada) and Federal Court.

The triple-check system requires significant time and attention. Most law firms do not put in as much time and effort. Our system, however, is designed to ensure that our clients are 100% fully aware of every document, every detail and every legal argument that is being made on their behalf. This system also ensures that the work product of each Case Worker is properly supported and CIL adheres to our team approach. This “triple check” system has proven to result in high quality work, a high rate of positive decisions, and a high degree of confidence with our clients.

 

 

 

Success: Visitor Record (45 days)

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IRCC and Minister Miller have been making many changes for temporary residents. These include temporary foreign workers (TFWs), international students and visitors. Options for international students have become limited. Recently, we published a post of a TFW who got a Work Permit very quickly. Every month, the programs and policies to help temporary residents seem to be diminishing. The team at CIL do our best to help. Today, we can share a case of a temporary resident who wanted to stay in Canada. We were successful with a Visitor Record (1 year).

Here is the timeline:

  • MAY 2024            Consultation 1;
  • JUNE 2024          Consultation 2;
  • JUNE 2024          Client retained CIL to prepare and submit Visitor record (VR) application on client’s behalf;
  • JULY 2024           Prepared supplementary document checklist, collected and reviewed documents;
  • AUG 2024             Reviewed full package, submitted VR application;
  • OCT 2024             VR Approved in 45 days.

As noted above, we had 2 consultations with this client. She was not sure whether the Visitor Record was the best option. Here at CIL, we do not tell clients what to do. We explain all the various options and help them understand the pros & cons of each decision. We explore potential legal consequences for both the short-term and the long-term. Ultimately, we respect our clients’ decisions and we make sure they have the best chance at a positive decision.

Congratulations to this client on getting her Visitor Record! We know this document fits her immigration goals and she now has more time to spend with her family members.

Finally, we have to mention that our client got the IRCC decision much faster than the average processing time. Based on the IRCC published information, the average time for the Visitor extension (Visitor Record) is 117 days. We got this decision in only 45 days. Our client does not need additional stress from having to wait a long time.

We do our best to make sure our clients get positive decisions – as quickly as possible.

In this case, our client did not have to wait 117 days. She got her document after only 45 days. Very good news!

Success: Study Permit (PAL) – 19 days

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Over the past 8 months, IRCC has increased the number of Study Permit refusals. We have published posts on the new restrictions that have been added to cut the number of international students in Canada. IRCC Minister Marc Miller has announced that he wants to significantly reduce the number of private colleges and “puppy mills” across the country. Financial requirements have also increased. Thankfully, despite these new roadblocks, we are still able to get positive decisions for our clients – quickly! Our client’s application was processed by the Visa Office in Nigeria and approved after only 19 days.

Congratulations to our client for her positive result – after only 19 days. From our team at CIL, it is our privilege for us to guide our clients to successful result. In this case, Kristina poured hours and hours into the file to prepare and submit a beautiful package.

Our client is, of course, thrilled to come and study in Canada. Previously, she hired an agent and her Study Permit application was refused. We had to address the Officer’s concerns, obtain a new PAL from the Province of Manitoba, and provide a strong Study Plan. Our plan worked.

This is the feedback from our client’s sponsor:

Indeed it is a good day. Well done to you, Alastair and your team. [She] is relieved, she can now continue her dream of a Canadian education.

We know that getting a Study Permit in 2024 will be difficult. The OICs that led to easy decisions have all expired. We speak with potential clients every day who need professional help. We cannot help everyone. Our time is limited. For those who can afford our services, we give them the best chance as a positive result.