Visitor, worker, and student visa applications of many applicants have been refused due to dual intents. But IRCC has clarified that it’s legitimate for temporary resident applicants to have dual intents.
For those who don’t know, dual intent is deemed to be present in your temporary resident application if the IRCC or Visa officer feels you have intentions of migrating to Canada through a temporary resident visa.
See Also: Reasons for Canada Visitor Visa Refusal and how you can Avoid Them
So, before now, if you apply for a student, visitor, or work permit in Canada, and the Visa officer feels you have the intention to stay permanently in Canada, your application might be denied. But, there is a new update from IRCC for IRCC staff and visa officers.
According to Immigration, Refugees and Citizenship Canada (IRCC) update released on April 5th, 2023, IRCC has new instructions for IRCC staff when dealing with cases of dual intent. The revision to dual intent instructions now includes acknowledging that having two intents, initially for temporary residence and eventually for permanent residence, is legitimate/legal. Having both intentions is actually complementary, not contradictory, and thus should not be grounds for visa denial.
See Also: Canada Visitor Visa: How to Apply and Required Documents
The legitimacy of dual intent should be used when applying subsection 22(2) of the Immigration and Refugee Protection Act (IRPA) to the decision-making process. According to Subsection 22(2), a foreign national’s intention to become a permanent resident does not disqualify them from becoming a temporary resident as long as the IRCC officer is satisfied that they will leave Canada at the end of their authorized stay.
The new instructions from IRCC also include a section on Temporary Resident to Permanent Resident Programs, reminding IRCC officers that Canada actively promotes these programs to foreign nationals and that Canadian work experience is fundamental to a successful settlement.
See Also: Post-Graduation Work Permit: One of the Best Ways to Getting PR in Canada
For study permit applications, IRCC officers need to take into consideration that Canada actively promotes study-work permanent residence pathways to prospective students and that these students are encouraged to indicate that they wish to immigrate to Canada permanently. This is clearly visible from the PGWP extension that was recently announced by the IRCC minister.
How IRCC officers assess dual intent
To approve a temporary resident application, the officer must be satisfied that the applicant has a genuine intention to leave Canada at the end of their period of authorized stay. to determine this, the officer may consider the following factors:
- The length of time that the client will be spending in Canada
- Available Means of support for the period of stay
- Obligations and ties to the home country
- The purpose and the context of the stay
- The credibility of documents and information submitted
- Past compliance with requirements of the IRPA and the IRPR that are applicable to temporary residents (visitors, students, and workers), as well as information available in biographic and biometric information sharing
See Also: Top 9 Reasons for Canada Spousal Sponsorship Refusal and their solutions
The instructions from IRCC state that the assessment of an application where an applicant has dual intent should be the same as the assessment of any other temporary residence application. In addition, applicants of temporary residents in Canada should receive the benefit of a procedurally fair and individual assessment based on the entire context of their applications.
This new update means that having dual intent while applying for a temporary resident visa in Canada should not be the major factor in why an application is denied. However, all applicants must also fulfill all other requirements before they can apply for a Canadian temporary resident visa.