GOOD NEWS: Having Dual Intent is now Considered Legitimate by the IRCC- Know more!

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Are you considering applying for permanent residency in Canada but also need to enter the country temporarily as a visitor, student, or worker? The good news is that having dual intent is now considered legitimate by Immigration, Refugees and Citizenship Canada (IRCC). This means that having the intention to eventually become a permanent resident while initially entering Canada on a temporary basis is complementary, not contradictory.

According to IRCC’s updated program instructions, foreign nationals can apply for temporary residence without their intention to become a permanent resident being a barrier. As long as the IRCC officer is satisfied that the applicant will leave Canada at the end of their authorized stay, their intention to become a permanent resident will not affect their eligibility for temporary residence.

Additionally, Canadian immigration programs actively promote facilitative pathways that depend on attracting temporary residents with essential skills or experience. Programs such as the Caregiver Pilot, Canadian Experience Class, and Agri-Food Pilot offer routes to permanent residency. Applicants with Canadian work or study experience can also receive extra points in their applications.

When assessing dual intent applications, IRCC officers must examine the individual circumstances of the applicant, including the length of stay, means of support, ties to the home country, purpose and context of the stay, and compliance with IRPA and IRPR requirements. The assessment process should be the same as for any other temporary residence application and ensure a fair and impartial decision.

If you’re considering a study permit application, keep in mind that Canada actively promotes study-work permanent residence pathways to prospective students. Indicating your intention to immigrate to Canada permanently can be beneficial.

In summary, having dual intent is legitimate and should not prevent you from being eligible for temporary residence in Canada. As long as you demonstrate a genuine intention to leave at the end of your authorized stay, you can pursue both temporary and permanent residency in Canada.

WHAT IS DUAL INTENT?

Dual intent is a term used in Canadian immigration law to describe a situation where a foreign national has both the intention to apply for permanent residence in Canada and the intention to enter Canada for a temporary period of time as a visitor, student or worker. It is a legitimate concept and having both intentions is complementary, not contradictory. The Immigration and Refugee Protection Act (IRPA) acknowledges dual intent and subsection 22(2) of the IRPA states that a foreign national’s intention to become a permanent resident does not preclude them from becoming a temporary resident, as long as they are able to satisfy IRCC officers that they will leave Canada at the end of their authorized stay. IRCC officers assess each application based on individual circumstances and factors such as the length of stay, means of support, ties to the home country, and past compliance with immigration requirements.

 

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