Can You Apply for a Visitor Visa if You Have a PR Application in Process?

Short answer: Yes, but it's complicated.

When someone applies for a Temporary Resident Visa to enter Canada while also having a Permanent Residency (PR) application in progress, immigration officers assess what’s known as dual intent. Understanding how to present your case under this principle is key to avoiding refusals under section 179(b) of the Immigration and Refugee Protection Regulations.

What Is Dual Intent in Canadian Immigration?

 Dual intent refers to having two simultaneous immigration goals:

1. A long-term goal of becoming a permanent resident, and
2. A short-term intent to visit Canada temporarily and then leave.

This concept is legally permitted under Section 22(2) of the Immigration and Refugee Protection Act (IRPA), which states:

“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.”

Why Are Visitor Visas Often Refused When PR Is in Progress?

 One of the most common reasons for visitor visa refusals is failure to satisfy the visa officer that the applicant will leave Canada at the end of their authorized stay. This is typically cited under section 179(b) of the IRPR. Even though the law allows for dual intent, the burden of proof is entirely on the applicant to demonstrate temporary intentions, despite having a permanent immigration pathway in process.

A Realistic Example: Spousal Sponsorship + Visitor Visa

Let’s consider a fictional couple:

Harvey, a Canadian permanent resident, has sponsored his spouse, Elle, a foreign national, through the spousal sponsorship stream.

While the PR application is being processed (which can take months to over a year), Harvey wants Elle to join him in Canada temporarily. He has two options:

1.     Travel to her country

2.     Invite her on a visitor visa

But since Elle has an active PR application, her temporary visa request involves dual intent, and that’s where things get complex.

How Can You Strengthen a Visitor Visa with Dual Intent?

To improve the chances of approval, applicants may want to address the following key factors:

• Has the sponsorship application passed Stage 1 approval (i.e., the sponsor is approved)?
• Who will financially support the trip, and how?
• What strong ties does the applicant have to their home country (e.g., employment, property, family)?
• What is the exact purpose of the trip?
• What is the proposed length of stay?
• What evidence is being provided to confirm that the applicant will return after the visit?
• Is there any history of immigration non-compliance?
• What will the applicant do if the PR application is ultimately refused?

Is Dual Intent Allowed? Yes.  Is It Easy? No.

 Yes, dual intent is legal. But it must be carefully documented and explained.
Officers must be satisfied that the applicant’s temporary stay is genuine and that they will comply with all conditions, even if they hope to settle permanently later. This is where a professionally crafted application and personalized legal advice can make all the difference.

Final Thoughts: Should You Get Help?

Immigration decisions can have life-changing impacts. If you’re applying for a visitor visa while waiting for your PR, the last thing you want is a refusal due to avoidable misunderstandings.

At MGG Immigration and Refugee Services Inc., we help applicants navigate dual intent situations with clarity and confidence.