When one enters Canada with the intent to obtain both temporary and permanent residency, it is called dual intent. Dual purposes are acceptable, but the application process for a temporary resident visa may be complicated as a result.
It is common for temporary resident visas to be denied when dual intent can’t be demonstrated. People who have already completed an Express Entry profile may also encounter this problem when applying for international spousal sponsorship.
Canada’s Dual Intent for Immigration – What is it?
When a foreign national is a dual intent alien, they actually intend to become a permanent resident as well as a temporary resident. The dual intent of a foreign citizen is when they apply for it. And are granted a temporary resident visa in Canada while also applying or intending to apply for permanent residency in Canada.
Canadian Express Entry profiles may also be considered as this indicates a candidate’s desire to acquire permanent residency in the country.
What is the impact of dual intent on my application for temporary residence in Canada?
In order to apply for a temporary residence visa in Canada (for the visit, study, or employment purposes). Applicants must prove their intention to leave Canada at the end of their stay. If an applicant has already said that he or she intends to move to Canada permanently. It can be more difficult to prove this.
Due to this, having dual intent often violates Canadian immigration prerequisites.
Will I be able to come to Canada as a temporary resident even if I have applied for permanent residence?
It may be possible to grant temporary residency and permanent residency to people who are able to demonstrate a genuine dual intent despite what might seem contradictory. In order to qualify for a temporary visa, applicants must present evidence that they intend to depart the country when the temporary visa expires. Applicants who have applied for permanent residency may receive a temporary visa. Even if they are awaiting the decision on their permanent residency application.
In the event that the applicant cannot convince the officer of their sincerity, a temporary visa request may be rejected.
If an applicant is seeking a short-term visa to stay in Canada while their permanent residence application is being reviewed. The visa officer may suspect that the applicant is looking for only a temporary visa. Therefore, when their temporary visa expires, they won’t depart the nation. An applicant’s request for an indefinite residency visa will not be denied if a temporary visa is denied.
International students
If someone wants to study in Canada, they must persuade the visa officer that they intend to comply with the restrictions of their temporary visa. As soon as their student visas expire, they plan on leaving the country.
While international students are studying in Canada, the federal government wants them to remain there after they finish their studies. International students are encouraged to stay in Canada once their year of study is completed through programs like the Post-Graduation Work Permit and Provincial Nominee Program. In this sense, the requirements for obtaining a student visa for international students seem directly contradictory.
Situations like this often involve dual intent. Applicants for a study permit must unambiguously demonstrate that they will comply with the requirement that they depart Canada within the time period allowed. Foreign nationals are eligible for a temporary visa. As long as they fulfill this requirement, regardless of whether they intend to apply for permanent residency before or during their time in Canada.
Spousal sponsorship
Applicants’ connections to Canada are frequently taken into account by visa authorities when evaluating their requests for temporary residence. In order to determine whether their permit is likely to expire before they leave the country. Consequently, applicants with active applications for foreign spousal sponsorship tend to have a relatively high refusal rate for temporary residence visas (TRV).
TRVs may be available to spouse sponsorship applicants, but their strong ties to Canada may complicate the application process.
Ways to demonstrate dual intent
Visa officials must distinguish between applicants with dual intent and those who will not leave Canada if a request for permanent residence is denied. It is imperative that the applicant convinces the visa officer of the dual purpose of their application.
Candidates for a temporary visa must demonstrate genuine dual intent by considering the following factors:
- What is the expected duration of their stay in Canada?
- In terms of their families, jobs, or properties in their home country, they may have strong ties or obligations there.
- Temporary residency in Canada was their reason for coming.
- Overstaying a visa with Canada or another country is not a problem.
When creating a request for temporary residency. It is essential to take into account the aforementioned requirements in order to prove one’s dual desire.
If your application for permanent residence is accepted while you are still in Canada when your temporary status expires. You are not required to leave the country. You are permitted to stay in Canada once you have been awarded permanent residence as long as you follow the requirements for it.
