Understanding How Officers Asses Dual Intent Applications — Photo by Rachel Claire on Pexels.com

Last Updated On 13 March 2023, 12:57 PM EDT (Toronto Time)

When a foreign national seeks to enter Canada temporarily as a visitor, student or worker while concurrently applying for permanent residency in Canada, they have dual intent.

While it is legal to have two intents, one for temporary residency and one for permanent residence, the applicant must satisfy both requirements.

The possibility that a temporary resident applicant may be approved for permanent residence in the future does not exempt the individual from meeting the requirements of a temporary resident.

In particular, the requirement to leave Canada at the end of the period authorized for their stay.

How do officers evaluate dual intent applications?

While evaluating dual intent applications, the office assesses if a temporary residence applicant genuinely intends to fulfill their obligations as a temporary resident—to depart Canada at the end of their period of authorization.

Accordingly, the officer distinguishes these applicants from an applicant who will not depart Canada at the end of their authorized stay if their application for permanent residence is denied.

While evaluating applications, the officer considers the specific circumstances of the temporary residence applicant o determine the applicant’s intentions, for which the officer may look into numerous factors.

These factors include the following while deciding whether to approve a request for temporary residence:

The duration of time the applicant will spend in Canada.
Applicant’s financial means of support
Valid ties to home country and other obligations
the purpose, context and reasons for the applicant’s stay in Canada
Submitted information and documents’ credibility
Previous compliance with IRPA and IRPR regulations on temporary residents (visitors, students, and workers), as well as information available in biographic and biometric information sharing

Evaluating an application with dual intent implications is no different than evaluating any other temporary residence application. Each applicant benefits from a procedurally fair, such as individual evaluation.

Before any temporary residence application is approved, the applicant must satisfy the officer that they meet all of the conditions of the IRPA and the IRPR relating to temporary residence.

If an officer has concerns or doubts about an applicant’s intentions, they inform the applicant and provide them with an opportunity to respond to the officer’s concerns. Similarly, if a temporary resident application is refused, the officer will mention the reason for the refusal in the letter.

Applying with your spouse or partner

When you apply for dual intent with your spouse or partner, the officer considers the sponsored partner’s circumstances.

While assessing, the officer considers the following:

whether or not the sponsorship application was approved
whether or not the application for permanent residency has been approved at the first stage
how much the applicant has maintained ties in their home country
what the applicant’s plans are if their application for permanent residence is denied

Officers may issue a temporary resident visa if the sponsored spouse or partner can satisfy the officer that they will leave Canada after their authorized period of stay and if their permanent residence application is denied.

Applying with Grandparents and parents

Suppose you are a dual intent applicant who applies with their parents and grandparents. In that case, the officer considers the following factors when issuing TRVs, including multiple-entry visas, to parents and grandparents.

have permanent residency applications pending
intend to visit but not immigrate to Canada

The purpose of becoming a permanent resident does not restrict a person from becoming a temporary resident.

Officers will typically issue a TRV if a parent or grandparent plans to become a permanent resident in the future and can convince an officer that they will leave Canada after the approved period of stay.

Source: IRCC