A foreign individual who has applied for permanent residency in Canada, and temporary residency as a student, worker, or visitor, has dual intentions.
Immigration, Refugees and Citizenship Canada revised its program guidelines for IRCC staff on April 5th to deal with circumstances having dual intent cases. The revised dual intent guidelines recognize that having two intentions—first for temporary residency and then for permanent residence—is legal. In other words, dual intentions are not in conflict but complementary.
In making decisions under subsection 22(2) of the Immigration and Refugee Protection Act (IRPA), consideration should be given to the legitimacy of dual intent. According to subsection 22(2), as long as the IRCC officer is certain that the foreign national will depart Canada after their authorized stay, their intention to become permanent residents does not prevent them from becoming temporary residents.
The revised guidelines also contain a section on Temporary Resident to Permanent Resident Programs, which reminds IRCC officers that Canada actively prioritizes these programs to foreign nationals and that for a successful settlement having Canadian work experience is essential.
The Canadian Experience Class, the Agri-Food Pilot, and Caregiver Pilot are examples of facilitative pathways. These are used as routes to permanent residency and rely on attracting temporary residents with the necessary skills or experience. Other programs provide bonus points to applicants with job or study experience in Canada.
Officers reviewing study permit applications must consider that Canada actively encourages prospective students to indicate their desire to relocate to Canada permanently. This promotion by Canada includes paths for study-work permanent residence.
How do IRCC officers evaluate dual intent applications?
An officer must be convinced that a candidate for temporary resident status truly intends to leave Canada at the end of their period of authorized stay before they may grant their application. The applicant’s specific situation must be considered in making this determination. Among other things, the officer may take into account the following:
- What is the time span the applicant will stay in Canada?
- The means of assistance
- What are the Obligations and ties to the nation of origin?
- What is the objective and context of the stay?
- How much is the reliability of the information and documents presented
- What has been the history of temporary residents’ (visitors, students, and employees’) compliance with IRPA and IRPR regulations and specifics regarding sharing biographic and biometric data?
As per the instructions, a dual intent application should be evaluated like any other application for a temporary residence. Based on the whole application, a procedurally fair and unique evaluation should be provided for each applicant.
Additionally, the applicant has a right to a fair and impartial decision-maker. The courts have this rule that the officer must be able to prevent real or perceived bias. For example, an application with bias will include the idea that someone with an open or future permanent residency application will want to remain in Canada longer than the legally permitted stay time.
Now, you can apply for both temporary and permanent visas in Canada, as IRCC has announced that it will be acknowledged for the upcoming applications. So, if you are preparing to immigrate to Canada in 2023, this must be good news for you.
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