Dual Intent in Canadian Immigration
Last Updated: December 14, 2022
It is the intention to enter Canada with the goal of establishing both temporary and permanent residency. Dual intent is acceptable, but it can complicate temporary resident visa applications.
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Refusal of a temporary resident visa is frequent because of the inability to show true dual intent. This problem arises for applicants for overseas spousal sponsorship. May even affect those who have already submitted an Express Entry profile.
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What Does Canadian Immigration Have Dual Intent?
When a foreign national has dual intent, it basically means that they want both temporary and permanent residency. Dual intent is the term to describe foreign nationals. Who apply for a temporary resident visa in Canada while also stating their intention to apply for permanent residence in Canada. Or who have already done.
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This may also apply to applicants who have submitted a Canadian Express Entry profile. Because doing so indicates an applicant’s desire to live permanently in Canada.
How Will Having Dual Intent Impact My Application For Temporary Residence in Canada?
Foreign nationals must prove that they intend to leave Canada by the end of their lawful stay. In order to apply for a temporary residence visa (to visit, study, or work). This is more challenging for applicants who have already stated that they intend to settle permanently in Canada.
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Or, to put it another way, having dual intent frequently violates the requirements that visitors to Canada on a temporary basis must meet.
When Applying For Permanent Residency, Am I Eligible To Enter Canada As A Temporary Resident?
Even though it might seem contradictory if someone can demonstrate that they truly have a dual intent. They may be given both temporary and permanent residence. Visa officers should determine whether the applicant has genuine intent to leave the country. When their temporary visa expires before deciding whether to grant one.
If the visa officer is confident that the applicant will adhere to the conditions of the temporary visa. They may grant a temporary visa even if the applicant has a current application for permanent residence.
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The temporary visa application may be rejected if the applicant is unable to persuade the visa officer that their dual intent is sincere.
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The visa officer might have reason to believe that the applicant is merely looking for a short-term visa to allow them to stay in Canada. While their application for permanent residence is being reviewed. They will not be leaving the country when their temporary visa expires as a result. Being denied a temporary visa does not guarantee that the applicant will also be denied a visa for permanent residence.
International Students
Foreign nationals who want to enroll in academic programs in Canada must persuade the visa officer. That they will abide by the terms of their temporary visa. specifically, their intention to depart the nation when their student visa expires.
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However, the Canadian federal government has a stake in keeping foreign students after they graduate from their programs. Is encouraged international students to stay in Canada after their program of study is over by promoting programs like the Post-Graduation Work Permit and Provincial Nominee Programs for international students. This seems to directly conflict with the requirements that international students must fulfill in order to be granted a student visa.
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Dual intent often applies in situations like this. The foreign national must unequivocally show when requesting a study permit that he or she intends to adhere to the rule that holders of study permits must depart Canada by the end of the time period permitted for their stay. As long as they satisfy this requirement. The foreign national may be given a temporary visa even if they intend to apply for permanent residence before or during their time of study in Canada.
Spousal Sponsorship
An important factor that visas officers is whether the applicant has strong ties to Canada. This helps them determine whether the applicant is likely to depart the country before their permit expires. A very high percentage of requests for temporary resident visas (TRV) who are currently being sponsored by an overseas spouse are turned down.
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Spousal sponsorship applicants may be eligible for a TRV, but because of their close ties to Canada, it may be much more challenging for them to do so.
If the request for permanent residence is denied, visa officers must distinguish between applicants who truly have dual intent and those who do not intend to leave Canada. In order to demonstrate their dual intent, applicants must persuade the visa officer.
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An officer considers several elements. Including the following. When determining whether a candidate for a temporary visa has genuine dual intent:
What is their anticipated stay in Canada?
Whether they deeply connect to or have obligations to their country of origin (ex. work, family, property).
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They came to Canada temporarily for this reason.
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No matter if they’ve ever overstayed a visa—in Canada or any other country—or whether they did it before.
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It is crucial to take into account the aforementioned considerations when composing a temporary residency application. In order to demonstrate one’s genuine dual intent.
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You do not have to leave Canada at the end of your temporary status. If they accept your application for permanent residence while you are there. As long as you continue to fulfill your obligations as a permanent resident (PR), you are able to remain in Canada.
