By Sophia Rossi
Introduction
Based on the word temporary, it’s fairly obvious that anyone who applies to become a temporary resident in Canada will be expected to leave by a certain date. The temporary visa is limited to completing an objective – whether school, work, or visiting.
Because it’s temporary, it’s also far easier to obtain status as a temporary resident than a permanent resident.
Sometimes an applicant may apply for a temporary visa to come to Canada sooner, and also have the intention of applying for permanent residency later.
This “dual intention” can cause confusion since it contradicts the temporary aspect of the temporary visa. If they are planning to stay in the long run as a permanent resident, then how can an immigration officer justify giving them a temporary visa since the applicant doesn’t plan to leave?
Time Limits
Typically temporary visas are valid for 6 months, but the immigration officers can sometimes alter this number depending on the situation.
For example, Peter’s job offer is for a 6-months period, so his work permit is only valid for the typical 6 months. If he wishes to continue working after that date, he will have to take steps to renew it in advance.
Claire on the other hand is an international student studying at a major university, and her study permit last for 4 year, allowing her to complete her full curriculum.
The officer takes special care to adjust the permit to suit each individual situation: Peter only needs to be in the country for 6 months to complete his job, so his permit only lasts 6 months. Claire needs to be in the country for the entire duration of her program, so a four years study permit was issued.
Nearing the end of the designated time frame, a foreign national is expected to either apply to extend the visa or leave the country.
If they do not leave the country in time, they can be called to an admissibility hearing that can result in their removal from the country. This is very serious and can have many other repercussions, including making future immigration applications, such as those for permanent residence, more difficult.
Temporary Visa Denied because “Officer is not satisfied you will leave by the end of your stay”
A common reason for rejecting the temporary visa application is that the officer isn’t convinced that the applicant will leave Canada at the end of their stay. An applicant must prove that they will abide by the rules of the visa and not overstay their welcome.
But sometimes there are people like Elaine. She is applying to renew her student visa to complete her last year of study of engineering at the University of Waterloo.
However, once she is granted her visa and settled into her dorm, Elaine wants to apply for permanent residency. She hopes to work in Canada after graduation and wants to be more serious about staying here long term.
The requirement to leave before your temporary visa expires becomes confusing for people like Elaine. If she plans to do this, then she isn’t planning to leave at the end of her stay.
So what happens to Elaine?
Is This Allowed?
In this case, the immigration department will likely decide that it would be unreasonable to deny Elaine’s application for temporary residence because of her future plans to apply for permanent residency.
It’s okay for Elaine’s original temporary purpose of studying at university to change – all that matters is that there is currently a temporary purpose. Elaine will be granted her temporary visa, and she will be free to apply for permanent residency once in Canada.
However, it is important to remember that just because your application can’t be refused because of dual intent (meaning you want to apply for permanent residence later), it can still be refused for other reasons. Some factors considered by the officer include:
- Length of stay
- Funds
- Ties to Canada (Family, property, etc)
- Purpose of stay
- Credibility
- Compliance with laws and regulations
If your permanent residence application is denied, will you still abide by the expiry date of your temporary visa and leave? If you run out of funds, will you be able to leave? What if you are highly unlikely to leave due to ties to Canada?
Your temporary residence application could be rejected for any of these reasons, regardless of dual intent.
It is important to express your full plans and willingness to follow rules of the visa to the officer during the application process.
Conclusion
Your application to become a temporary resident cannot be denied because of plans to try and become a permanent resident, however you are still going to be judged by the typical criteria and could be denied for any of those reasons.
Planning to illegally stay after the expiry of a temporary visa, and taking the steps to legally become a permanent resident before the end of your stay, are two very different things. An important aspect of your application is to distinguish between the two.
If you are honest and responsible while completing your application, it is the most you can do for the time being. If you are unfairly rejected because of dual intent, you may reapply with additional supporting documents or information, such as a pre-booked return airline ticket home.
This article is only meant to give general legal information. For legal advice on your specific mortgage situation, please consult a legal professional.
Sophia Rossi is the co-op student at Varity Law Professional Corporation. Varity Law is a one-stop-shop law firm offering immigration law, business law, real estate law, and wills & estates law services.
To learn more about your immigration options, book a free 30 minutes consultation with us by clicking HERE.
