Through the dual intent application, spousal or common-law sponsorship applicants can apply for a temporary visa and permanent residence at the same time.
Few couples apply for a temporary resident visa (TRV) first and then come to Canada to apply for inland sponsorship. In such cases, the immigration officer will see that applicants for temporary visas will leave at the end of their authorized stay; it is fine to apply for permanent residence as a temporary resident. In other words, applying for temporary residence, of any kind, does not block you from also applying for permanent residence.
The actual definition of “dual intent” in the Immigration and Refugee Protection Act goes like this:
“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.”
Some applications still get refused as the applicants fail to prove that they will leave Canada once their documents get expired.
On October 30, Immigration, Refugees, and Citizenship Canada (IRCC) announced the program delivery instructions for the officers to give clarity on how to review spousal sponsorship applications; in particular, those who have also applied for a TRV.
Immigration officers will consider the individual circumstances of international applicants who are sponsored for permanent residence as a spouse or common-law partner, the instructions say and the considerable factors are,
The purpose of the program is that applicants must satisfy the regulations & prove to the officer that they will only stay in Canada as long as they have legal status in Canada.
Immigration officers are trained to verify each application considering the circumstances of the temporary residence applications. Officers also consider the below mentioned assessment points for temporary residence.
For officers, it is similar to other temporary residence applications & they do not assess in any different way. Each applicant is to receive a “procedurally fair, individual assessment.”
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