Some people travel to Canada as visitors for tourism while others come to Canada as students or workers. These visas (visitor visa, study permit, and work permit) are temporary residence visas; this means that you have a limited stay in Canada and when your period of authorized stay expires or is about to expire, you have to leave Canada.
Most foreign nationals with temporary residence visas desire to remain in Canada and possibly apply for Canada permanent residence, which is called dual intent. There is uncertainty about whether it is allowed to process an application for permanent residence while still having a temporary residence visa status.
The good news is that Immigration, Refugees, and Citizenship Canada (IRCC) has said that it is legal and permissible to do so.
According to CICNEWS.com, IRCC on April 5th, 2023 updated its program instruction for its staff on how to deal with cases of dual intent, that is, how to deal with cases of people who want to apply for both temporary residence and permanent residence.
The Immigration and Refugees Protection Act (IRPA) pursuant to section 22(2) states that a foreign national’s intention to become a permanent resident does not preclude them from becoming a temporary resident as long as the IRCC officer is satisfied that they will leave Canada at the end of their authorized stay.
This means that while the permanent residence is still in process and your temporary residence expires, you would have to leave the country until the process is completed.
If it is a study permit you are processing to Canada, you should also know that Canada actively promoted the study-work permanent residence pathway to prospective students. This means that even as a student, you can indicate that you wish to immigrate to Canada permanently.
What Is Dual Intent In Canada Immigration
Dual Intent is where an applicant who has submitted an application for permanent residence to Canada, also submits an application for temporary residence to Canada, for example, a visitor visa.
What Can Boost Your Chances of Getting Permanent Residency?
Work Experience. The updated instruction has a section on Temporary Resident to Permanent Resident Programs, reminding IRCC officers that Canada actively promotes these programs to foreign nationals and that Canadian work experience is fundamental to a successful settlement. Temporary residents that have essential skills or experience, such as the Caregiver Pilot, the Canadian Experience Class, and the Agri-Food Pilot, are reliable routes that help to facilitate the processing of permanent residence. There are also other programs that give extra points to applicants whose work or study experience is in Canada.
Dual Intent Canada Processing Time
This is how much time it takes to process a visa, for example, a visitor visa, when the applicant already has an application for permanent residence being processed. Processing timeliness differs by country and is updated regularly by IRCC.
Requirements Considered by IRCC Officials When Processing Dual Intent.
It should be noted that in assessing your application for temporary residence, the IRCC officer may consider the following:
- The length of time that the client will be spending in Canada
- Means of support, that is, sources of income
- Obligations and ties to the home country
- The purpose and context of the stay
- The credibility of documents and information submitted
- Past compliance with requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR) that are applicable to temporary residents (visitors, students, workers), as well as information available in biographic and biometric information sharing
Each applicant will receive the benefit of a procedurally fair and individual assessment based on the entire context of the application. The applicant also has the right to a fair and impartial decision-maker. The IRCC officer has the obligation to consider each application on its merits and avoid bias, which may prejudice their fair judgment.
These policies are in place to make Immigration to Canada as easy, smooth, and impartial as possible.
Dual Intent Application For Canada
This is where an applicant has applied for permanent residence, e.g. Express Entry or Provincial Nomination, and while the permanent residence is being processed, the applicant applies for a temporary residence visa e.g. study visa or visitor visa to come to Canada temporarily. This is dual intent and it is permissible.
Did you apply for Canada permanent residence and still desire to apply for temporary residence? We can help you.