Temporary Residents can now apply for immigration because IRCC recently revised the dual intent instructions for foreign nationals. The dual intent implies that a foreign national intends to apply for Permanent Residence in Canada but has already applied to stay in Canada as a visitor, worker, or student.
Temporary Residents can now apply for immigration
IRCC recently, on April 5, instructed its staff about the new rules while dealing with dual intent applicants. According to the revised instructions by IRCC, candidates who apply for temporary residence and then eventually also seek Canadian PR are legitimate. Furthermore, these two intentions of a foreign national don’t indicate that the person is behaving contradictorily.
The authenticity of the dual intent must align with subsection 22(2) of IRPA in the context of the decision-making procedure. Subsection 22(2) depicts that a foreign national’s application for permanent residence doesn’t prevent them from seeking temporary residence. However, they must convince the IRCC official that they will leave the country after completing their legal stay period.
According to the revised instructions, there is also an entire section of TR to PR programs. This section will serve as a reminder to IRCC authorities that Canada has always encouraged these programs among foreign nationals. Also, it believes that gaining Canadian work experience will be the foundation for permanent settlement.
Moreover, Canada has always encouraged pathways for temporary residents who have the essential skills or work experience, such as the Agri-Food Pilot, Caregiver Pilot, and Canadian Experience Class.
Also, these three programs are essential pathways to PR. The rest of the programs prioritize applicants with Canadian studies or work experience.
Study Permit applications also indicate that officers must acknowledge the fact that Canada encourages potential candidates to use the study-work permanent residence pathways. Additionally, they are also asked to reflect on their intention to permanently settle in Canada.
Evaluation of dual intent by IRCC officers
The temporary resident application’s approval by an IRCC officer will depend on whether he feels assured that the candidate will leave Canada after completing their legal stay. To evaluate their intention, IRCC officers might deeply assess their individual circumstances.
The officer might have to consider the following factors to evaluate their intention:
- Assessing the duration of the applicant’s stay in Canada.
- Their source of assistance.
- Their connections and obligations with the home country.
- The authenticity of their supporting documents and all details they have submitted.
- Their intention behind their stay in Canada.
- The details that exist within their Biometric and biographic information.
- Whether they have complied with the previous IRPA and IRPR requirements associated with the TR (workers, visitors, and students).
According to the application’s evaluation instructions, those having dual intent must be the same as the assessment of TR applications. Each applicant must receive the benefits of a fair process and individual evaluation. Moreover, the applicant must also have the right to obtain fair and unbiased decision-making.
According to the courts, the officers must not depict biased behavior or perception while deciding. For instance, a potential applicant seeking PR through an open application might be considered by the officer as having a deep desire to reside in Canada beyond their legal stay.
