Dual intent exists when a foreign national seeks entry to Canada as a temporary resident (i.e., visitor, student, or worker), and has applied, or evidences an intention to apply, for permanent residence.
Subsection 22(2) of theImmigration and Refugee Protection Act (S.C. 2001, c. 27) (IRPA) states that:
An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.
While an intention to become a permanent resident of Canada does not therefore preclude a foreign national from seeking temporary residence, the individual must nonetheless demonstrate that they will leave Canada at the end of the authorized period of their stay pursuant to Section 179 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (IRPR).
In assessing requests for temporary residence, officers are required to distinguish between applicants who intend to depart Canada at the end of their authorized period of stay pursuant to R179, and applicants who do not intend to depart Canada if their application for permanent residence is refused. Such an assessment requires the examination of the individual circumstances of a particular application for temporary residence. In this regard, officers should consider factors such as the following:
- The length of time that the applicant will be spending in Canada;
- The applicant’s means of support;
- The applicant’s obligations and ties to their home country;
- The applicant’s purpose and the context of their stay;
- The credibility of documents and information submitted; and
- The applicant’s history of compliance with requirements of the IRPA and the IRPR that are applicable to temporary residents, as well as information available in biographic and biometric information sharing.
When assessing the individual circumstances of a foreign national who is, or will be, sponsored for permanent residence as a spouse or common-law partner, an officer may also consider the following factors:
- Whether the sponsorship application has been approved;
- Whether the application for permanent residence has received stage one approval;
- The extent to which the applicant has retained ties in their home country; and
- The applicant’s plan should their application for permanent residence be refused.
The applicant’s request for temporary residence may be approved so long as the officer is satisfied, on a balance of probabilities, that the applicant will depart Canada at the end of their authorized period of stay if their application for permanent residence is refused.
When assessing the individual circumstances of an application for temporary residence made by a parent or grandparent of a Canadian citizen or permanent resident, officers are encouraged to consider whether the applicant:
- Has an application for permanent residence in process; and
- Wishes to visit, but does not intend to immigrate to, Canada.
Consistent with A22(2), a parent or grandparent who intends to become a permanent resident in the future will normally be approved for temporary residence so long as they can satisfy an officer, on a balance of probabilities, that they will depart Canada at the end of their authorized period of stay.