The information provided sheds light on the concept of “Dual Intent” in Canadian immigration matters, specifically regarding the simultaneous application for Canadian permanent residency and a Canadian temporary resident visa. Here are the key points:
- Dual Intent Rule: Section 22(2) of the Immigration Refugee and Protection Act states that a foreign national’s intention to become a permanent resident does not prevent them from applying for temporary residency, as long as the officer is satisfied that the individual will leave Canada by the end of the authorized stay period.
- Assessment Factors: Visa officers assess applications on a case-by-case basis, considering factors such as the length of stay in Canada, means of support, ties to the home country, purpose of stay, credibility of documents, and past compliance with immigration regulations.
- Detached and Distinct Intents: Applicants must demonstrate that their intentions for permanent residency and temporary residency are separate and independent. Approval for permanent residency does not exempt the applicant from complying with temporary visa conditions.
- Explicit Purpose of Permit: When applying for a work or study permit, it is important to clearly state the purpose of the permit and demonstrate the intent to leave Canada once the visa expires. Failure to do so may lead to a refusal, even if the applicant later qualifies for other immigration programs.
- Consultation: Mr. Nagi emphasizes that immigration matters should not be taken lightly, and individuals should seek legal advice to make informed decisions. CSNLAW will help you understand the rules and implications of dual intent in Canadian immigration applications which is crucial to avoid potential pitfalls and ensure a smooth process.