from cic.gc.ca OP11 temporary residents p.6, 14-15
Dual intent
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 [A22(2), R183]. The person's desire to work, study or visit in Canada before or during the processing of an application for permanent residence may be legitimate. An officer should distinguish between such a person and an applicant who has no intention of leaving Canada if the application is refused.
An officer should also keep in mind:
• the time required to process an application for permanent residence, because the length of time will affect the applicant's means of support;
• obligations at home; and
• the applicant’s likelihood of leaving Canada if the application is refused.
In cases where there is dual intent, refusals do not stem from having two intents but rather from having a single bona fide intent (i.e., to become a permanent resident) and misrepresenting the second intent (i.e., to become a temporary resident) in order to achieve the first intent. For example: an applicant for a work or study permit who indicates that they have no intention of leaving Canada has demonstrated only a single intent—permanent residence. Such an application would be refused, even if the applicant might qualify for the Canadian Experience Class (CEC) or the Provincial Nominee Program (PNP). This is because the applicant has shown that they do not respect the terms and conditions of temporary residence, should they not qualify for a Permanent Resident stream.
A person may have a dual or eventual intent to become a permanent resident, but in order to qualify for a temporary resident visa, they must demonstrate that they have the capacity and willingness to leave Canada at the end of the authorized temporary period (see section 5.4 – Dual intent).
• the ties to their home country are sufficiently strong to ensure that they are motivated to return home after the visit to Canada; and
• they meet the
Even if the person’s ties to the home country seem to be strong, there may be other factors in the general economic or political environment which make the long-term prospects for the person or their family unstable. These factors should be considered in the assessment.
What family does the person have in the country of residence? Where were they at the time of the application?
• Does the person have property? What is the value of the property?
• What financial obligations is the person leaving behind? What is the nature and value of these obligations?
• What other responsibilities and obligations is the person leaving behind? How will they be discharged?
• Is travel consistent with local customs or practices? Has the person travelled before?
Have you ever been refused a temporary resident visa to travel to Canada? The answer will help you determine if the person has a temporary intent and will also support a potential refusal under the requirement to answer truthfully [A16(1)].
