Canada revises its definition of "dual intent" to avoid pointless visa denials

In order to prevent immigration authorities from unnecessarily rejecting work and study permit applications, i.e., denying you a visa, Canada is expanding the definition of "dual intent". 

In Canada today, the language around the spirit of the law is expanding to recognize the legality of the existence of two distinct intentions, meaning that it is acceptable, even encouraged, to want both permanent residence and the intention to work or study in Canada on a temporary basis. In that sense, it is clear that "dual intent" refers to the intent of a foreign national to enter Canada as a temporary resident with a view to remain as a permanent resident. This intention is completely legitimate, however, it is very important that the applicant respects this first temporary status according to the permit established in his/her visa.

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The two intentions should be considered complementary, not contradictory, according to Canada's current position. Immigration, Refugees and Citizenship Canada (IRCC) also added a section on the topic of transitioning from temporary to permanent residents to the program implementation update, this was posted online for interested parties, but is intended for the use and interpretation of immigration officials, and it shares with them that work or school experience in Canada by the immigrant is welcomed and that numerous permanent residency pathways have been created for them. Express Entry, Canada's main immigration route to permanent residence, awards points to applicants who have worked and studied in the country. In addition, previous employment in Canada is a good indicator of permanent immigration success. Read the official government site on Temporary Residents: Dual Intent.

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Why can the immigration officer reject your visa application?

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The most immediate answer to this question is: because he did not find sufficient reasons to be rooted in his country of origin. 

Previously, international students were often rejected if they indicated in their applications that they wished to immigrate to Canada permanently. According to the government's new message, prospective students expressed their intention to move to Canada only to have their applications rejected because they had not demonstrated that they would leave the country when their permitted stay ended. Visa rejections were most typical for students from French-speaking African countries. 

Keep in mind that the possibility that a temporary resident applicant may be approved for permanent residence in the future does not exempt him/her from complying with the requirements of a temporary resident, specifically leaving Canada at the end of the authorized period of stay, as provided for in sections 179, 200 and 216 of the Immigration and Refugee Protection Regulations (IRPR). 

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How can you prove your roots in your country of origin?

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By arguing in your letter of motives that you have property in your home country, house, car or other material assets, if you do not have real estate, you can demonstrate that you have a stable job or that you have the possibility of being rehired when you return or you have an open job market in your country.

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Rooting can also be demonstrated with your own registered business or even your own family. Having parents, children or a partner in your home country creates credibility with the officer reviewing your case that you have a strong reason to return to your home country when your permit expires. 

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Taking into account that this extension of the meaning of dual intent is a relatively new issue that officials are implementing, it is therefore important not to lose focus in its application to argue rootedness to your country. Use arguments and supporting documents to make a convincing case for why you would leave Canada after your temporary stay (work/tourism/study) because of your economic, employment and/or social stability in your country of residence or citizenship. 

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Officials should be aware that the Government of Canada actively promotes permanent residency pathways for international students and prospective students, and that international students (particularly French speakers) are encouraged to indicate that they wish to immigrate to Canada permanently on their application for study permits.

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According to the instructions on the government's official website, an application for temporary residence can be approved regardless of any negative outcome for an ongoing or future permanent residence application, as long as the officer is also satisfied that the applicant will leave Canada at the conclusion of his or her authorized stay. However, if rejecting an application, officers must also include the dual intent in the Global Case Management System notes, if it has been taken into account, and must also give their reasons for not believing that the applicant would leave Canada at the expiration of his or her permitted stay.

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Remember that the letter must mention the career or job that brings you to Canada and your roots in your country and that the letter of motivation must be written in English, preferably in perfect English. If you are applying as a student, evaluate in advance the moment to send your application, since classes start in September. It is important to show that you are coming to live in Canada, but keep a space in the application where you state that you have roots in your country.

If you would like to schedule an appointment to discuss your case, Immiland Canada can help you by clicking on this link. Our team of certified consultants can assist you with advisory services and administration of various types of Canadian visas. In addition, we are specialists in legal, immigration, financial, technical, educational, medical and scientific documents and our translators are certified under the Ordre des traducteurs terminologues et interprètes agréés du Québec.

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With love, 

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Immiland

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