Immigration News

The latest from Pacific Canada Immigration Inc.

Dual intent: simultaneous applications for permanent and temporary residence

Are you in a situation where you have to apply for both permanent and temporary residence simultaneously? Legally speaking: are you pursuing dual intent? Here’s what you need to know about the concept of dual intent.   

Immigration Canada has expressed its commitment back in 2009 to attract more international students and temporary foreign workers to Canada. These kinds of foreign nationals are the primary source of future immigrants to Canada, which will inevitably lead to the increase in the number of temporary resident applications co-existing with applications for permanent residence in Canada.

Legislative reference

As stated in the Immigration and Refugee Protection Act and Regulations, having both intents–one for temporary residence and one for permanent residence–is legitimate. A22(2) states: “An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.” Dual intent is present when a foreign national, who has applied for permanent residence in Canada also applies to enter Canada for a temporary period as a visitor, worker or student. Dual intent on the part of the applicant is therefore not prima facie grounds for refusal of temporary resident status.

How dual intent is assessed by Immigration Canada?

Your desire to apply for permanent residence before or during a period of temporary residence in Canada may be legitimate. However, CIC will always distinguish between an applicant whose intentions are bona fide and an applicant who has no intention of leaving Canada at the end of their authorized stay if the application for permanent residence is refused.

In assessing an application for temporary residence, the following factors will usually be considered:

  • the length of time that you will be spending in Canada;
  • the means of support;
  • obligations and ties in your home country; and
  • compliance with other requirements of the Immigration Act (as it applies to visitors, workers and students).

If there are concerns or doubts about the applicant’s bona fides, the applicant must be made aware of these concerns and given an opportunity to respond to them.

Reasons for refusal

Your temporary residence status application might be refused for several reasons including:

  • history of having contravened the conditions of admission on a previous stay in Canada;
  • lack of or insufficient proof of adequate funds to support yourself while in Canada, and to effect one’s departure from Canada;
  • medical inadmissibility;
  • not satisfying the visa officer that you will leave Canada at the end of your period of authorized stay;
  • not submitting all required documentation; and
  • not satisfying the officer that you have answered all material questions truthfully as required by A16(1).

Possible scenarios

  1. You apply for a study permit to study in Canada; at the same time you also have a permanent resident application in process. The fact that you also have an application to permanently reside in Canada with your spouse does not establish that you would not leave Canada at the end of the period authorized for your study permit as required under R216(1)(b).
  2. You apply for a temporary resident visa (TRV) to visit Canada but your application is denied solely because you have a family class application for permanent residence in process. In the refusal letter, the officer states that because you are pursuing permanent residence, the officer is not satisfied that you will leave Canada at the end of the period authorized as required by A20(1)(b). The officer has made an error. A22(2) precludes denying an application for temporary status on the basis that there is an outstanding permanent resident application, if the officer believes that you will leave Canada at the end of the period authorized for your stay. If the permanent resident application is finalized after the issuance of the TRV, you would be authorized, on the basis of the permanent resident visa, to remain in Canada.
  3. A provincial nominee applicant applies for a temporary work permit. The officer is satisfied that the applicant will leave Canada by the end of the period authorized for the work permit should the applicant be refused a permanent resident visa. The officer issues a TRV visa. While the applicant is working legally in Canada, their provincial nominee file is finalized by the visa post and the individual becomes a permanent resident.

Last updated: 22.06.2014 (as per OB 131, published on 06.06.2009).