West Coast scenery near Tofino on Vancouver Island BC, Canada.

On July 6, 2009 Citizenship and Immigration Canada issued and Operation Bulletin to more clearly define the issue of Dual Intent. This is an issue that I address in many of the applications I work with.

A concise and generalized definition of Dual Intent is this: when a person applies for temporary status and permanent status at the same time.   This seems quite basic but the requirements for temporary residents and Permanent Residents are opposite. 

For example, a person who is applying for a Visitor Visa, Temporary Resident Visa, Live in Care Giver Visa or Temporary Skilled Worker Visa and is also applying as a Permanent Resident will need to take this into consideration.

A person applying for temporary status must prove that they will leave the country at the end of the period authorized by the immigration officer.  Where as, a person who is applying for permanent resident status must prove that they will integrate into society and that they are able to permanently establish themselves in a specific community. 

So the issue arises when, for example, an international worker in Canada applies for an extension of their Work Permit while, at the same time, they have a Permanent Resident Application pending at a different Citizenship and Immigration office.  How would a person prove that they will leave Canada at the end of their authorized period of stay if they actually have no intention of leaving Canada, and they are hoping that their Permanent Resident Application is approved? 

You just need to be honest.  

Tell the visa officer or explain in a letter that you submit with your application that you have more than one application pending at the Citizenship and Immigration Office. Your intent is to eventually remain in Canada on a permanent basis, but you will follow any conditions outlined by the visa officer for your temporary work permit or entry visa. 

The following is additional evidence to back up your application:  The Citizenship and Immigration Act A22(2) states:

“An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident…”

You still need to prove that you will follow the instructions outlined by a Visa Officer and that you will leave at the end of the conditions outline.  But you don’t need to hide that fact that you are hoping to stay in Canada as a permanent resident.

One of the examples outlined in the Operational Bulletin is:

“A provincial nominee applicant applies for a temporary work permit. The officer is satisfied that the applicant will leave Canada by the end of the period authorized for the work permit should the applicant be refused a permanent resident visa. The officer issues a TRV visa. While the applicant is working legally in Canada, their provincial nominee file is finalized by the visa post and the individual becomes a permanent resident.”  

So don’t hesitate to apply for temporary status while your application for permanent residence is pending, just make sure that you clearly outline your Dual Intent!

By Ruth Mitchell
Immigration Consultant, B.Comm, CCIC
Red Seal Immigration