Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
Dual Intent
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ForumUser Posts: 541
Posted On: 7/11/2016
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Hello,
I am a Canadian PR and I just got married.
I plan to sponsor my husband .
He wishes to study in Canada while having his PR application ( outland) being processed.
Is it possible for him to get a study permit even though I will apply for him in the future for a PR.
Do we have to declare upfront the plans for the PR application and that he will leave the country upon termination of the study visa?
Thank you,
Regards
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Moderator Moderator Posts: 4142
Posted On: 7/14/2016
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Hello,
Thank you for sharing your situation and question with us.
It is difficult for us to provide a definitive response regarding whether or not it will be possible for your husband to get a study permit or to enter Canada in this situation.
However, if you have not already read this, you can find some additional and detailed information regarding Dual Intent on the Immigration, Refugees and Citizenship Canada (IRCC) website.
Here is an excerpt,
Assessing dual intent
A person’s desire to apply for permanent resident status in Canada may be legitimate. An officer should distinguish between an applicant whose intentions are bona fide and an applicant who has no intention of leaving Canada at the end of their authorized stay if the application for permanent residence is refused.
In assessing bona fide, the individual circumstances of the temporary resident applicant must be examined; refusals of non-bona fide temporary residents may only withstand legal challenge when the refusal is based on the information related to the specific case before an officer.
In assessing an application for temporary residence an officer may also consider factors such as:
-the length of time that the client will be spending in Canada;
-the means of support;
-obligations and ties in the home country; and
-compliance with requirements of the IRPA and Regulations applicable to temporary residents (visitors, students and workers).
If an officer has concerns/doubts about the applicant’s bona fide, the applicant must be made aware of these concerns and given an opportunity to respond to them. If an application for temporary residence is not approved, the CIC visa officer will provide the client with a letter explaining why an application has been refused.
Temporary residence status might be refused for several reasons, including:
-history of having contravened the conditions of admission on a previous stay in Canada;
-lack of or insufficient proof of adequate funds to support oneself while in Canada, and to affect one’s departure from Canada;
-medical inadmissibility;
-not satisfying the visa officer that the individual will leave Canada at the end of their period of authorized stay.
We hope that others can provide some suggestions regarding what they have done and what worked for them.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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