Dual intent in Canada

Dual intent refers to the simultaneous processing of a permanent residence application and an application for temporary status. It reflects an intention both to reside permanently in Canada and, at the same time, to be residing there only temporarily.

Dual intent can be complex to handle, because a temporary resident must both demonstrate an intention to leave at the end of their approved stay and express the goal of becoming a permanent resident.

What is dual intent?

Under Canadian immigration law, temporary residents must demonstrate an intention to leave Canada after their approved period of stay. They may nonetheless also express an intention to remain in Canada as permanent residents toImmigration, Refugees and Citizenship Canada (IRCC)at the time of applying for temporary residence.

Although this may appear contradictory at first sight, it is possible. Consider, for example, the following situation:

An individual applies for a Canadian immigration visa. Before receiving the Canadian immigration visa, that individual wishes to visit Canada briefly and applies for aTemporary Resident Visa (TRV)or presents themselves at a port of entry, if they are a citizen of a TRV-exempt country. This is entirely acceptable provided the individual intends to leave Canada at the end of the visit.

The same principle applies to individuals in the process of applying for a Canadian immigration visa who wish to obtain a temporaryWork permitsorstudy permit.

An individual with a pending Canadian permanent residence application is subject to the same requirements as anyone else seeking temporary entry to Canada. That individual should therefore have a legitimate purpose for entering, be willing to leave Canada at the end of the temporary stay, and understand that if the Canadian immigration visa is issued, they must leave and re-enter Canada in order to be formally admitted as a permanent resident.

An application for temporary status may be scrutinised more closely where a permanent residence application is under consideration, because there is a clear intention to settle permanently in Canada. Where the individual’s ties elsewhere can be demonstrated, however, an application for temporary status will succeed.

Assessing dual intent

One of the most common reasons for a TRV refusal in dual intent cases is therefore an inability to demonstrate that the applicant intends to leave Canada at the end of their stay. Although dual intent is entirely lawful under Canadian immigration policy, it may lead to TRV applications for Canada being scrutinised more closely.

When considering dual intent applications, officers are instructed to consider:

• The length of time the client will remain in Canada.
• Their means of support.
• Their obligations and ties to their country of origin.
• The purpose and context of the stay.
• The authenticity of the documents and information submitted.
• Previous compliance with the requirements of the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR) applying to temporary residents (visitors, students and workers), as well as information available through biometric and personal information sharing.

Spouses and common-law partners

Processing officers are instructed to consider the personal circumstances of a foreign national being sponsored for permanent residence as a spouse or common-law partner. Factors to consider include, but are not limited to:

• Whether the sponsorship application has been approved.
• Whether the permanent residence application has received first-stage approval.
• The extent to which the applicant retains ties in their country of origin.
• The applicant’s plans if their permanent residence application is refused.

Where a spouse or common-law partner can satisfy the officer that they would — if their permanent residence application were refused — leave Canada at the end of the authorised period of stay, officers may issue a temporary resident visa (TRV).

Parents and grandparents

Processing officers are encouraged to consider the following factors when issuing a TRV, including a multiple-entry visa, to parents and grandparents:

• Having a permanent residence application in process.
• Wishing to visit but without intending to immigrate to Canada.

Where a parent or grandparent intends ultimately to become a permanent resident and can satisfy the officer that they will leave Canada at the end of the authorised period of stay, officers will usually issue a TRV. ASuper Visamay be issued where the applicant has provided the documents required for that type of visa.

Seepermanent residence applications in process in Canada.