Dual intent has always been a controversial topic for those wishing to unite with their spouses or common law partners in Canada. Certain couples applying for spousal sponsorship wish to first apply for a Temporary Resident Visa (TRV) and then come to Canada to file for inland sponsorship. The other option is to apply for both TRV and spousal sponsorship at the same time.
While Canadian immigration officers have to ensure that applicants for temporary visas will leave at the end of their stay, it is in order to apply for Canadian permanent residence as a temporary resident. In other words, applying for a temporary residence visa, of any kind does not prevent you from also applying for Canadian permanent residence.
How immigration officers are supposed to check dual intent.
There is a difference between temporary residents who plan to leave Canada and those who do not plan to leave at the end of their stay if their application for Canadian permanent residence is turned down.
When immigration officers assess the applicant’s intentions, they are told to look at the temporary residence applicants circumstances. Among other factors, immigration officers consider the following when checking an application for temporary residence.
- The length of time the applicant will stay in Canada.
- Their means of support.
- Obligations and connection to the home country.
- The purpose or the reason behind the stay.
- The credibility of documents and information lodged.
- Past compliance with Canadian immigration rules, and information available in biographic and biometrics information sharing.
From the immigration officer’s perspective, it is no different from reviewing any other temporary residence application. Each applicant is to get a procedurally fair, individual assessment. If an immigration officer has concerns about the applicant’s intentions, the applicant should be made aware of these concerns or doubts and given the opportunity to respond. If the immigration officer does not approve the application for temporary residence, the immigration officer have to give the applicant a letter explaining why they were refused visa.
If temporary residence applicants do not show that they have any intention of leaving Canada, and the immigration officer just sees their only goal as a permanent residence, their application may be refused.