Immigration, Refugees and Citizenship Canada (IRCC) revised its program guidelines for IRCC employees on April 5th for handling situations with dual intents. The dual intent regulations will be amended to consider the legality of having dual intents, firstly for temporary residency and ultimately for permanent residence. Having both goals is completing, not in conflict.
A foreign individual who has filed for permanent residency in Canada and submitted an application to enter the country temporarily as a visitor, student, or worker is said to have dual intent.
When interpreting subsection 22(2) of the Immigration and Refugee Protection Act (IRPA), the constitutionality of dual intent must be considered. As long as the IRCC supervisor is confident that the foreign national will depart Canada at the end of their approved visit, subsection 22(2) stipulates that more than having the plan to become a permanent citizen is needed to prevent someone from becoming a short-term resident.
The revised guidelines also contain a part on Temporary Resident to Permanent Resident Programmes. These programs remind IRCC authorities that Canada actively advertises these programs to foreign visitors and that acquiring Canadian work experience is essential for a successful settlement.
The Carer Pilot, the Canadian Experience Class, and the Agri-Food Pilot are supportive channels that have been used as avenues to permanent residency and rely on luring temporary residents with the required abilities or experience. Other programs award applicants bonus points if they have work or school experience in Canada.
Officers reviewing study permit applications must note that Canada strongly encourages potential learners to signal their desire to relocate to Canada permanently. Additionally, this promotion includes paths for study-work permanent residence.
IRCC authorities’ criteria to judge dual intent
The officer must assess that the applicant intends to leave Canada after their authorized stay to permit a temporary residence petition. The evaluation of the applicant’s particular situation should be essential when making this decision. The officer may take into account, among other factors, the following:
- The period the visitor will be in Canada
- Commitments to and links to the home country
- Means of assistance
- The objective and setting of the visit
- The reliability of the details and documents provided
- Historical compliance with IRPA and IRPR rules that apply to temporary residents like visitors, students, and employees
- Details from the exchange of biographic and biometric data.
According to the guidelines, a dual intent petition should be evaluated the same way as any other application for a temporary residence. The presentation of a fair and distinctive analysis of each applicant based on the whole of the application should be crucial.
The person applying is also entitled to a decision-maker that is fair and honest. The courts have ruled that the officer must prevent any instances of bias, either actual or perceived. Some instances of bias comprise the notion that someone who has an open or future application for permanent residency will necessarily want to remain in Canada longer than is legally permitted.