by Cristina Zohil-Morton
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by Cristina Zohil-Morton
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What Is Dual Intent in Canadian Immigration?
Canada recognizes that many temporary residents, such as students, workers, or visitors, may also wish to become permanent residents. This is known as dual intent in Canadian immigration, a concept that acknowledges that having the intention to stay temporarily and the intention to apply for permanent residence (PR) in the future can coexist.
Dual intent is particularly relevant for individuals applying for a temporary visa while also having a pending or future PR application. While this is legally allowed, it can cause confusion or concern when preparing your application.
Understanding Dual Intent: Legal Background
According to the Immigration, Refugees and Citizenship Canada’s (IRCC) official guidelines, dual intent exists when a foreign national has both:
- Applied or intends to apply for permanent residence, and
- Is applying to enter Canada for a temporary period as a student, worker, or visitor
IRCC officers must assess whether the individual will leave Canada at the end of their authorized stay if the PR application is refused. Therefore, clear documentation and strategic planning are essential.
How to Apply Without Jeopardizing Permanent Resident Status
If you’re pursuing both temporary and permanent pathways, you must demonstrate that your temporary stay is legitimate. To protect your Canadian immigration status, consider the following:
1. Document Your Temporary Intent Clearly
Explain the reasons for your temporary visit. Show strong ties to your home country such as a job, family responsibilities, or property ownership.
2. Maintain Consistency Across Applications
Your temporary residence application should not contradict your permanent residence plans. Inconsistencies can raise red flags.
3. Provide Evidence of Compliance
Offer proof that you intend to leave Canada if your PR application is unsuccessful. This may include return flight tickets, employment commitments, or a signed letter of explanation.
4. Seek Legal Advice for Dual Intent in Canadian Immigration
Working with an experienced Canadian immigration lawyer can make a significant difference. We help clients balance their goals without risking admissibility or denial.
At Zohil-Morton Law, we provide trusted legal advice to help you navigate complex Canadian immigration processes.
Still have questions? Book a consultation today with Cristina Zohil-Morton and the team at Zohil-Morton Law.
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Frequently Asked Questions About Dual Intent
What is dual intent in Canadian immigration?
Dual intent refers to a situation where someone applies to come to Canada temporarily while also planning to apply for permanent residence. It is allowed under Canadian immigration law but must be well-documented.
Can dual intent in Canadian immigration affect my temporary visa approval?
Yes. If immigration officers believe you won’t leave Canada after your temporary stay, your application could be denied. It is essential to show strong ties to your home country.
Is it legal to apply for both PR and a temporary visa?
Absolutely. IRCC recognizes dual intent and has official guidelines allowing individuals to pursue both pathways simultaneously.
How can I prove I will leave Canada if my PR is denied?
You can provide evidence such as employment obligations, family ties, or return travel plans to show your temporary intent.
Should I get legal help when applying under dual intent?
Yes. An immigration lawyer can help you build a strong application that clearly demonstrates your intentions and improves your chances of approval.
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