A foreign individual who has filed for permanent residency in Canada and has also applied to enter the country temporarily as a visitor, student, or worker is said to have dual intent. Dual Intent is legal.
Immigration, Refugees and Citizenship Canada (IRCC) revised its programme guidelines for IRCC staff on April 5th for handling situations with a dual purpose. The dual intent guidelines are being revised to recognize the legality of having two intents, initially for temporary residency and ultimately for permanent residence. Actually, having both goals is complementing, not in conflict.
When interpreting subsection 22(2) of the Immigration and Refugee Protection Act (IRPA), the legitimacy of dual intent must be taken into account. As long as the IRCC officer is confident that the foreign national will depart Canada at the conclusion of their approved stay, subsection 22(2) indicates that having the intention to become a permanent resident does not prevent someone from becoming a temporary resident.
The revised instructions now contain a section on Temporary Resident to Permanent Resident Programs that serves as a reminder to IRCC officials that Canada actively advertises these programmes to foreign nationals and that acquiring Canadian work experience is essential for a successful settlement.
The Caregiver Pilot, the Canadian Experience Class, and the Agri-Food Pilot are examples of facilitative pathways that have been used as routes to permanent residency and rely on attracting temporary residents who have necessary skills or experience. For applicants with job or school experience in Canada, other programmes award bonus points. Dual Intent is legal.
Officers reviewing study permit applications must take into account the fact that Canada actively encourages prospective students to signal their desire to relocate to Canada permanently and that this promotion includes paths for study-work permanent residence.
How IRCC officers assess dual intent?
The officer must believe that the applicant truly intends to leave Canada at the conclusion of their period of authorised stay in order to approve a temporary residence application. The applicant’s unique circumstances must be looked at when making this determination. The policeman may take into account, among other things:
- The length of time that the client will be spending in Canada
- Means of support
- 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
According to the instructions, a dual intent application should be evaluated in the same way as any other application for a temporary residence. A procedurally fair and unique evaluation of each applicant based on the whole of the application should be provided.
The applicant is also entitled to a decision-maker who is fair and impartial. The courts have ruled that the officer must prevent any instances of bias, real or perceived. Examples of bias include the notion that someone who has an open or future application for permanent residency will necessarily want to remain in Canada longer than is legally permitted.
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