Dual Intent

Hi All,

But can't she apply under Dual Intent? What does Dual Intent Mean?

I concur with PMM about the prospects for a visitor's visa. Not good.

I tend to think the term "dual intent" is more broadly used than PMM suggests, but it should be recognized that a key part of the dual intent is the intent to be in Canada only temporarily unless and until status to be in Canada permanently is granted, and whether or not a visa officer or a border officer believes a particular Foreign National has this is entirely in their discretion . . . and the inference, the decision, rarely goes in favour of a FN from a country that is not visa-exempt.

Dual intent means that the person has the intent to enter and remain in Canada temporarily (and this can be as a visitor or pursuant to one of the other temporary purposes for being in Canada, like a student visa or a temporary work permit) even though they also have an intent to apply for status to remain in Canada permanently.

The problem is, if there is intent to seek status to remain in Canada permanently that tends to weigh against having intent to enter Canada temporarily. Even if a person has a visa or permit authorizing entry into Canada for a temporary purpose, POE officers must be persuaded the person actually does intend to remain in Canada only temporarily . . . again, unless and until permanent status is granted.

Likewise at an overseas visa office deciding whether or not to issue a visitor's visa: if the applicant for the visitor's visa has also shown an intent to seek to remain in Canada permanently, there is a strong basis to infer they do not intend to enter Canada only temporarily, and if indeed that is the inference made, that is, that the individual does not intend to enter Canada temporarily, it is not just that they decide to deny a visitor's visa, they must deny the visitor's visa, because to be entitled to a visitor's visa the applicant must intend to be a visitor, that is, to just visit not stay.

All that said, the policy around so-called "dual intent" is one that recognizes that, indeed, many people do and can be relied upon to have an intent to visit even though they also intend to stay if and when status to stay is granted. The individuals PMM refers to often fall into this category. There are objective circumstances and factors which support the inference or conclusion that they have an intent to only remain in Canada temporarily unless they are granted permanent status.

Many persons from visa-exempt countries being sponsored by their partner are allowed, for example, to enter Canada as visitors (no visa necessary due to visa-exempt status) while the app for PR is pending, this in recognition of "dual-intent." And yes, indeed, this distinctly distinguishes how sponsored partner PR applicants from visa-exempt countries are commonly treated very differently, with more defenence, than those from countries which are not visa-exempt. But the underlying rationale is consistent, based on the probabilities such individuals will or will not overstay or otherwise violate Canada's immigration laws.

Note, for example, a person from India who has extensively traveled internationally on business and for holidays, and in particular one who has traveled to Canada and not overstayed previously, probably has a significantly good chance of claiming dual intent and being given a visitor's visa even though the individual has applied for PR. Their personal history leads to an inference that they do indeed genuinely have dual intent. Whereas most individuals from countries which are not visa-exempt face the prospect that once they are in a committed relationship with a Canadian, even if they have not yet made a PR application, their previous not-so-good chances of obtaining a visitor visa to Canada have thereby become worse.

Remember: intent is not just a matter of saying what one's intent is, though of course that is an evidentiary factor. Intent can be and usually is inferred from circumstances as much as expressions of intent. Unfortunately for persons from countries which are not visa-exempt, that particular circumstance alone weighs a great deal in the decision making by both CIC visa officers abroad and BSOs at Canada's ports-of-entry, making it very difficult for someone in the postion of your spouse to convince them she has dual intent.    

Hi

Harmonia wrote: Dual intent can also apply for international students who come to Canada under a valid study permit, and (as an example) meet the love of their life (CDN citizen or PR).  After a year of cohabitating, or after a legal marriage in Canada, the Canadian spouse sponsors the foreign national for PR (who presumably is still legally in Canada under a study permit).  The dual intent is to say that while the foreign national intends to continue with their studies (and may need to extend the study permit for another year of school / etc.) they ALSO intend to apply for PR under the family class/spousal stream.

Not quite, Dual intent refers to Entry to Canada, not what happened after they arrived in Canada. The student in your case, had a single intention to enter Canada to study.

Actually, there are a lot of ways dual intent comes in to play: