The concept of “dual intent” enables applicants to apply for spousal sponsorship at the same time they apply for a visitor visa.
Most couples apply for a temporary visa before coming to Canada and later apply for spousal sponsorship whereas, some applicants prefer to apply for both together i.e. applying for permanent residence while being a temporary resident.
“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.”
Immigration, Refugees and Citizenship Canada has updated their instructions to the immigration officers on the factors they must consider while reviewing the application of spousal sponsorship candidates.
The factors which must be taken under immigration officers are as follow:
- Sponsorship application approval status.
- Whether the application for permanent residence has received stage one approval.
- Applicant’s ties and assets in their home country
- Applicant’s plan if the application is denied.
Spouses and partners need to convince the immigration officer that they will not overstay their welcome after their temporary visa has expired. Temporary residence applicant’s individual circumstances are examined by the officers and consider various factors while assessing the application.
Factors considered by immigration officers:
- The length of time the applicant will spend in Canada.
- Applicant’s means of support.
- Assets and ties in the home country;
- The purpose of the stay.
- The credibility and eligibility of documents and information submitted.
- Past compliance with Canadian immigration laws, and information available in biographic and biometric information sharing.
If the immigration officer feels that the applicant is looking just for permanent residence and there are chances that they won’t leave the country once their temporary residence expires, the candidate is denied the temporary visa.
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