DUAL INTENT
Article 22(1) of the Immigration Act clearly states:
Dual intent
(2) 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.
Therefore, the Canadian immigration law will never use immigration tendencies to refuse applicants. The immigration tendency must be wrong.
The term “immigrant tendencies” comes from the US immigration law. Applicants in the United States are not allowed to have B (visit) and F (study) visas have a tendency to immigrate to the United States. If the applicants for these two types of visas are applying for immigration, or If you apply for immigration and cannot prove that your intention to immigrate to the US has been eliminated, or if you do not allow the visa officer to eliminate the doubt that the applicant intends to immigrate to the United States at the time of the visa, the visa will usually be rejected.
The US immigration law also has a dual purpose. For example, foreigners with a H-type (work) visa are allowed to have immigration preferences. They can apply for a H-type visa to and from the US while submitting an immigration application and waiting for a schedule.
Why is it still refused?
Although the visa officer cannot refuse to sign the applicant because of the immigration tendency, the usual practice is to refuse the applicant by “not believing that the applicant will leave Canada on time”. That is to say, when the visa is processed, the visa officer measures the risk of the applicant being overstayed (black in Canada).
In measuring the “intention to leave Canada on time”, visa officers mainly consider the applicant’s own conditions, such as funds, fixed assets, travel history. The visa officer will also refer to the applicant’s already submitted immigration application to determine whether the applicant intends to stay in Canada for overdue. Therefore, the visa of the permanent resident or citizen’s spouse in the process of applying for the visa is very low.
The study visa will consider the reasonableness and age of the study plan. The latest view of Garth is that the visa officer will assume that all applicants who apply for a student visa are planning to apply for immigration, but they will sign young, language-speaking, highly educated applicants because they are immigrants in Canada. .
How to use dual intent?
The dual-purpose policy allows applicants for temporary resident visas to refrain from over-considering immigration applications that they intend to submit or are submitting. Although the applicant’s immigration tendency is to determine whether the expiration of the status will leave the Canadian factor, it is not the only factor.
Our experience shows that the signing rate of a specific type of temporary resident visa usually has nothing to do with the applicant’s immigration tendency. For example, the domestic travel transfer transfer and the domestic large-size visa application with high sign-off rate have been signed by the applicant who has submitted the immigration. The rate is no different from ordinary people.
When applying for a temporary resident visa, you can indicate the immigration intention of the general visa officer. The study plan does not need to “learn to return to the country” in a uniform manner, and you can even apply for an interview visa directly from the provincial nominee.
In the process of waiting for the immigration results, the applicant can also hold a temporary visa to visit Canada (tourism, study, work), and will not affect the immigration application due to the immigration application being processed, and the entry itself will not affect the immigrants in turn. But the following two situations need to be considered:
- The intent of the province’s nomination application, because the provincial nomination requires the applicant to intend to live permanently in a particular province, and living in another province for too long will cause the immigration office to suspect the intention of living.
- Some immigrant projects require applicants not to study, such as the Ontario Masters and Quebec PEQ. Applicants who are awaiting the results of such immigration should not apply for a study permit.