By admin (May 21, 2024)
IRCC Updated Program Instructions For Cases of Dual Intent
IRCC updated program instructions for cases of dual intent on April 5, dual intent means that an applicant wants to apply for both temporary as well as permanent residency.
If a foreign national has applied or may apply for permanent residence in Canada but has also applied to enter Canada for a temporary period as a student, visitor, or worker, dual intent is present. The revision to dual intent instructions entails acknowledging that it is legitimate to have two intents, initially for temporary residence and eventually for permanent residence as having both intentions is actually complimentary, not contradictory.
As long as the IRCC officer is satisfied that they will leave Canada at the end of their authorized say as stated by subsection 22(2), the foreign nationals who want to become permanent residents can also apply for temporary residency. When applying subsection 22(2) of the Immigration, Refugees, and Citizenship Canada (IRPA) to the decision-making process, the legitimacy of dual intent should be used.
To remind IRCC officers that Canada actively promotes temporary and permanent programs to foreign nationals and that Canadian work experience is fundamental to successful settlement, the updated instructions also include a section on TR to PR programs. Facilitative pathways such as the Canadian Experience Class, the Caregiver Pilot, and the Agri-Food Pilot which have been relied upon as routes to permanent residence, depend on attracting temporary residents that have essential skills. Extra points are provided by other programs for applicants whose work or study experience is in Canada.
Study-work permanent residence pathways to prospect students is actively promoted by Canada, and these students are encouraged to indicate that they wish to immigrate to Canada permanently, which needs to be taken into consideration by officers in case of study permit applications.
How Dual Intent is Assessed by IRCC Officers?
The officer must be satisfied that the applicants have a genuine intention to leave Canada at the end of their authorized stay period to approve a temporary resident application. The individual circumstances of the applicant must be examined in assessing this.
Among other factors, the officer may consider means of support, the period of stay in Canada, the purpose and context of the stay, obligations, and ties to the home country, past compliance with requirements of the IRPA and the IRPR that are applicable to temporary residents (students, visitors, and workers) and the credibility of documents and information submitted.
The assessment of any temporary residence application is same as the assessment of an applicant who has dual intent as stated by the instructions. The benefit of procedurally fair and individual assessment should be received by each applicant on the basis of the entire context of the application.
The applicant also has the right to an impartial and fair decision-maker. The officer must avoid the possibility or perception of bias as indicated by the courts. Examples of bias include that beyond the authorized stay of an applicant, he/she with an open or prospective permanent residence application will automatically have the desire to stay in Canada.