Maple News reports that Immigration, Refugees and Citizenship Canada (IRCC) has released updated guidelines clarifying how dual intent affects spousal and common-law sponsorship applicants who are also applying for a Temporary Resident Visa (TRV).
The concept of dual intent allows foreign nationals to legally apply for both temporary and permanent residence in Canada at the same time. This makes it possible, for example, for a spouse or common-law partner of a Canadian citizen or permanent resident to enter Canada on a visitor visa while their sponsorship application for permanent residency is being processed.
According to Canada’s Immigration and Refugee Protection Act, having the intention to become a permanent resident does not prevent someone from being granted temporary residence, as long as they can demonstrate to the immigration officer that they will leave the country at the end of their permitted stay if their permanent residence application is denied.
However, applicants have occasionally faced refusals for TRVs due to concerns that they may overstay their visa. On October 30, IRCC revised its program delivery instructions to provide immigration officers with clearer guidance on evaluating dual intent scenarios—especially in the context of family sponsorship.
Officers are now instructed to consider various factors when assessing TRV applications from individuals being sponsored as spouses or common-law partners. These include:
– Whether the sponsorship application has been approved;
– Whether the permanent residence application has passed stage one of processing;
– The applicant’s ties to their home country;
– The applicant’s plan if their permanent residence application is ultimately denied.
IRCC emphasizes that dual intent itself should not be used as a negative factor. Officers must assess whether the applicant maintains legal status in Canada and genuinely plans to leave if their stay is not extended.
The new guidance aims to ensure more consistency in visa decisions and to reduce the chances of unfair refusals for couples attempting to stay united during the sponsorship process.
For couples navigating the sponsorship path, this clarification is a welcome sign that immigration officers will apply a more holistic and transparent approach to dual intent cases.
Maple News will continue to monitor updates to Canadian immigration policies that impact families and applicants worldwide.