Dual Intent

Introduction

Foreign national’s intention to become a permanent resident does not preclude them from becoming a temporary resident. But you would be required to satisfy the visa office that they will leave Canada by the end of the period authorized for their stay. This Dual Intent arises from a situation where an international student has two intentions:

• To apply for a study permit (as a temporary resident); and
• To apply for permanent residency.

Several mechanisms are open to the applicant allowing them to transfer from the temporary resident stream to the permanent resident stream that would satisfy this dual intent provision. This “dual intent’ does not form any grounds for refusal of the study permit.

An international student must keep in mind that:

• The study permit holders are required to return home after the completion of their authorized period of stay which usually corresponds with the completion of their studies. They need to commit to respecting this requirement at the time of application for the study permit; and
• Certain Federal government programs can be available to international students. Such programs permit them to stay and work in Canada after the completion of their studies. In some cases, they may be eventually able to apply for permanent residency. If unable to qualify for such programs a student is required to leave Canada upon expiry of their study permit.

Background

The concept of “dual intent’ refers to having two intents: – one for temporary residence through the study permit; - and one for permanent residency.

The Government of Canada is committed to attract more international students to Canada and ultimately depend on this source for increasing its labor force. Canada encourages the “best foreign students to attend Canadian colleges and universities. This is done by marketing the excellence of Canada’s post-secondary education system”.

Operations related to processing study permits

A person can have legitimate desire to apply for permanent residence before or during the period of study in Canada. The visa officer distinguishes between a bona fide applicant and an applicant who does not have intentions of leaving Canada in case of refusal. All the students are assessed by officers on an individual basis. The refusals of non-bona fide students can withstand legal challenge when the refusal is based on the information related to the specific case before an officer. Thus, while cultural context or historical migration patterns can be a contributing factor to the decision-making process, they are not the sole deciding factors. They are not the legally tenable grounds for refusal on bona fides.

The applicant is made aware of the doubts and suspicions on the part of the officer and is also given an opportunity to refute them.

It is the duty of the applicant to establish that they are a bona fide temporary resident and that they have intentions to leave Canada by the end of the period authorized for their stay. This period is generally the period of the completion of their study permit.

A commitment to bona fide international students

Citizenship and Immigration Canada (CIC) believes that there is a positive contribution to Canada’s economic and cultural environment by the international students. The federal government has designed several programs for attracting and retaining more international students. These programs permit them to stay and work in Canada after the completion of their studies. In certain cases they are even enabled to apply for permanent residency, including the Post-Graduation Work Permit Program and the proposed Canadian Experience Class.

CIC acknowledges the fact that there can be instances where bona fide international students, willing to participate in programs being promoted to retain them in Canada, might indicate a desire to remain in Canada after the completion of their studies.

What should be done while applying for a study permit pertaining to dual intent

While applying for a study permit, a student is required to clearly demonstrate to the Visa officer that he or she intends to respect the requirement of the study permit holders leaving Canada after the completion of their authorized period of stay. This period usually refers to the completion of studies and expiry of their study permit.

Other Necessary Information

While assessing an application for a study permit, the officer may also consider several factors. They include:

• The duration for which the client will be in Canada;
• The means of support;
• Obligations and ties of the applicant in his home country;
• Compliance with the other requirements applicable to students/temporary residents.

In case of Refusal:

In case your application for a study permit is rejected, the client will be provided with a letter from the CIC visa officer explaining the reasons for refusal. There are several reasons which can lead to the refusal of a study permit application including:

• Failure to provide sufficient proofs of having enough money to support oneself while studying in Canada, and to return to their country of residence;
• Medical inadmissibility;
• Failure to satisfy the visa officer about having intentions to study in Canada;
• Failure to satisfy the visa officer about the intentions to leave Canada at the end of their period of authorized stay.
• Failure to submit the required documentation; and
• Not satisfying the officer that the applicant has answered all material questions truthfully.

For more information visit your nearest Canam office. You can also contact us at info@canamgroup.com.