Someone may know where many do not know or don’t know clearly that an applicant who wants to come to Canada as an international student can also express their intention to become permanent resident at the same time of the study permit application.

Let’s see what Immigration, Refugees and Citizenship Canada (IRCC)’s website is saying about that.

In this article, I will try to explain dual intent related to study permit only, not for visitor and worker (maybe in another article will do so).

Many a times, the study permit applicants receive refusal as the officer is not satisfied that the applicant will not leave at the end of their stay. I am not saying that presenting dual intention is a solution but showing dual intention may ease that situation for some applicants. Please be very careful when you are presenting dual intent in your application. I personally would HIGHLY recommend asking for legal advice in this regard.

Let me explain why I said that it may ease the situation for some applicants. I will explain as I learned from my practical experience, not assuring that it will work the same way for your case. For some applicants, specially for those who has parents / siblings living in Canada (as temporary / permanent resident) it may work as a strong tool. Many a times I have seen (a reference is shared below) that if someone’s parents / siblings are already living in Canada are getting refusal where the officer is mentioning as below:

I have witnessed /experienced some positive result in this sort of situation where the applicant presented his/her dual intent but making it ABSOLUTELY clear that they will leave Canada at the end of their stay if they find no suitable permanent residency program and/or their PR application is not approved.

 

According to IRCC’s website, in assessing an application for temporary residence, an officer may consider, among other factors, the following:

• ·        the length of time that the client will be spending in Canada
• ·        means of support
• ·        obligations and ties to the home country
• ·        the purpose and the context of the stay
• ·        the credibility of documents and information submitted
• ·        past compliance with requirements of the IRPA and the IRPR that are applicable to temporary residents (visitors, students and workers), as well as information available in biographic and biometric information sharing

The existence of two different intents (TR and PR) is legitimate according to A22(2) and not, in itself, reason to refuse a temporary residence application. If the officer is satisfied that the applicant will leave Canada at the end of their authorized stay regardless of any negative outcome for an ongoing or potential future permanent residence application, the temporary residence application may be approved.

Officers are reminded to use their own judgment and the flexibility afforded to them by subsection A22(2) when making decisions on applications with a dual intent aspect. The negative decision is inevitable if the officer is not satisfied on a balance of probabilities that the applicant would leave Canada at the end of the authorized period of stay.

Not necessarily that you cannot take the route of “Dual intent” if you don’t have a parents / siblings living in Canada. Anyone can adopt this route if they want to. The ultimate demand by the officer to you is to present enough evidence and explain well that you will not overstay or illegally stay after your study if you cannot make your journey towards any of the permanent residency program.

Let me reiterate one more time that I highly recommend seeking legal advice before you present your dual intent. It’s not mandatory to seek legal advice for any of the Canada immigration process but sometimes it’s necessary for your own good. Presenting Dual Intent is really a high antibiotic, not a regular medication like Advil / paracetamol, an improper usage or dosage may cause fatal outcome.    

Disclaimer: The above writing is not intended to be a source of legal advice. Please seek legal advice and use your own good judgement before choosing to act on any information provided above. If you choose to rely on this article, you do so entirely at your own accountability.