Dual Intent and Spousal Immigration Programs: What to Know

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Dual Intent and Spousal Immigration Programs: What to Know

As a couple looking to look for greener pastures in one of the world’s best nations with the most significant qualities of life, Canada presents itself as a perfect option for migration. 

Today, the Great White North sets itself apart as the most immigrant-friendly nation because of its growing policies and high application acceptance quotas. For couples looking to start a life together in far more suitable conditions, it’s easy to see why this location is the best out of the bunch.

By now, you’ve probably done everything to prepare your application and keep it airtight. From researching what spousal sponsorship program suits your needs to getting in touch with Bright Immigration to help improve the chances of your application’s success, there is no such thing as “too prepared” during application. After a whole lot of searching and contacting, you may think that you’re ready to take on an exciting new life.

While it may be easy to brush up on all the necessary details and be prepared during the application, one concept where the same level of confidence may not shine through is dealing with dual intent. 

The concept’s impact on the application process

Whether you and your loved one are applying under a spousal or common-law sponsorship, you’re bound to run into the concept in question at one point or another.

Often, the concept of “dual intent” pops up whenever applicants apply for temporary visa and permanent residence visas simultaneously to increase their chances of approval. This essentially happens because couples applying for the same sponsorship programs first end up applying for a temporary resident visa and pursue an inland sponsorship upon landing. 

The main reason dual intent is brought up is that many are still quite unaware if they should apply for both their temporary visa and permanent residence visas separately or simultaneously. However, despite fears of experiencing blocks and restrictions, the main factor to watch out for is that applying for a temporary residence visa (or any other visa) won’t block you from applying for permanent residence, meaning you can do both!

How does the Immigration, Refugees, and Citizenship Canada (IRCC) define “dual intent”?

From a technical standpoint, the main definition that the CIC subscribes to or abides by when glossing over the application process of the same nature is rooted in the Immigration and Refugee Protection Act (IRPA). Here’s an excerpt from the document that summarises the concept, as a whole:

“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.”

Despite the current excerpt stated in the updated IRPA, the problem at hand is that applicants have been refused permanent residence visas because they couldn’t prove that they would exit Canada upon the expiry of their documents. Thankfully, this update (dated October 30, 2020) from the CIC clarified and set new program delivery instructions for officers that handle sponsorship applications involving spouses that have applied for a TRV.

Based on the document mentioned above, here are the main factors that CIC officers are required to consider when they refuse or approve a spousal sponsorship application for permanent residence visas:

  • Whether the sponsorship application has been approved
  • Whether the application for permanent residence has received stage one approval
  • To what extent the applicant has retained ties in their home country
  • What the applicant’s plan is if their application is refused

Conclusion

As a pair of spouses applying for a permanent resident and temporary visa at the same time, one of the most vital considerations that you’ll need to make is the impact of “dual intent” on your application. With the help of this guide, you’ll be able to make the right choices when settling on the best course of action for your situation in no time!

If you’re looking for professional help from a trusted firm please contact our immigration consultants in Toronto at info@brightimmigration.com or call 1-888-404-8472

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Expert help, expert care

Our professionals make the difference. Our representatives are recognized by the Immigration Consultants of Canada Regulatory Council and Law Society of Upper Canada. We are guided by our commitment to professionalism, ethics, and belief in providing our client with access to quality legal care and immigration help. You can rest assured that you are well represented and protected when you choose Bright.

Expert help, expert care

Our professionals make the difference. Our representatives are recognized by the Immigration Consultants of Canada Regulatory Council and Law Society of Upper Canada. We are guided by our commitment to professionalism, ethics, and belief in providing our client with access to quality legal care and immigration help. You can rest assured that you are well represented and protected when you choose Bright.
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