Apr 12, 2023
Major Changes to Canadian Visa Application Refusal Based on Dual Intent
The updated guidelines for dual intent now recognize that having two intentions in a visa application for temporary residency and the other for permanent residency is okay.
(Government of Canada)What is dual intent? Dual intent refers to a situation where a foreign national, either seeking or may seek permanent residence in Canada, simultaneously applies for temporary entry into Canada as a visitor, student, or worker. What are the changes? Previously a visa officer may only allow dual intent (intention to temporarily and permanently stay in Canada) if a permanent residence application had already been submitted. If an applicant is applying for a visa and the officer suspects they may apply for permanent residence later, their visa will be rejected. Based on IRCC’s internal instructions, visitors/students/workers will be less likely to get rejected even if the officer suspects the applicants say they will apply for permanent residence later on. The revised instructions elaborate on the legal essence that acknowledges the legitimacy of having intentions for both temporary residence and permanent residence as per A22(2) and emphasizes that they should be seen as supplementary, not conflicting. Additionally, there is a dedicated segment on Temporary Resident to Permanent Resident Programs, which reminds officers that Canada actively endorses these programs for foreign nationals and highlights the significance of Canadian work experience in facilitating successful settlement. Temporary resident to permanent resident programs Canada has created various programs to encourage and enable temporary residents to become permanent residents and, ultimately, Canadian citizens. These programs are targeted at applicants with Canadian work or study experience and offer additional points to such applicants. Canada promotes these programs to foreign nationals and considers Canadian work experience as a strong indicator of successful settlement. Study permit applicants are encouraged to indicate their intention to immigrate to Canada permanently, as the government promotes study-work-permanent residence pathways to prospective students. In summary, having dual intent, i.e., applying for both temporary and permanent residence, is allowed and cannot be used as a sole reason to reject a temporary residence application. As a result, we should see fewer refusals from IRCC based on visa applicants having dual intent.