Can we apply for Canada Study/ Work Permit and Canada PR together?

Yes, you can apply for a Canada Study Permit or Canada Work Permit while you are also applying for Canada PR.

Under some circumstances, it is something that most PR applicants do, but it is also a popular choice in other scenarios. According to a Canadian immigration policy known as DUAL INTENT, you can still apply for a work visa even if you are applying for permanent residence outside of Canada, such as through the Federal Skilled Worker Program.

What is Dual Intent?

Having 2 intents (1 for temporary residence and 1 for permanent residence) is legitimate.

When a foreign individual applies to enter Canada temporarily as a visitor, student, or worker in addition to applying for permanent residency, this is known as having a dual intent.

It is acceptable to have two intents: one for temporary residency and one for permanent residence.

As per Subsection 22(2) of the Immigration and Refugee Protection Act

If the officer is confident that the foreign national will depart Canada at the conclusion of the amount of time approved for their stay, their intention to become a permanent resident does not prevent them from becoming a temporary resident.

The possibility that a temporary resident applicant may, at some point in the future, be granted permanent residence does not exempt the person from meeting these requirements.

What are the criteria that need to be met by foreign nationals in accordance with Section 179?

A temporary resident visa will be granted to a foreign national if it is determined, following an inspection, that the foreign national:

• Has applied in accordance with these Regulations for a temporary resident visa as a member of the visitor, worker, or student class;
• Will depart Canada by the conclusion of the time period permitted for their stay
• Possesses a passport or other travel authorization that allows entry into the nation that issued it as well as other nations;
• Satisfies the standards for that class;
• Is not inadmissible;
• Minors are not permitted to work.

Assessing Dual Intent

Officers are required to discern between applicants for temporary residence who genuinely intend to fulfill their obligations under that status and those who will not depart Canada at the conclusion of their permitted stay if their application for permanent residence is denied.

The specific circumstances of the temporary residence applicant must be taken into consideration when determining the applicant’s intentions. Refusals of non-bona fide temporary residents will only be upheld in court if they are founded on data specific to the application that was presented to the officer.

An officer should take into account the following while evaluating a request for temporary housing, among other things:

• The duration of the client’s stay in Canada,
• Their means of subsistence, and their ties to their home country.
• The reason for the stay and the surrounding circumstances;
• The validity of the submitted documents and information;
• Prior compliance with the IRPA and Immigration and Refugee Protection Regulations (IRPR) that apply to temporary residents (visitors, students, and workers); and
• Data from the sharing of biographic and biometric information .

An application with potential dual intent is evaluated in the same way as any other application for temporary residence. A procedurally fair, unique evaluation is provided to each applicant. Prior to the approval of any application for a temporary residence, the applicant must, in turn, persuade the officer that they satisfy all IRPA and IRPR standards pertaining to the temporary residence.

The applicant must be informed of any concerns or skepticism the officer may have regarding their motivations and given a chance to address them. The officer will give the client a letter outlining the reasons why a request for temporary housing was denied if the request is denied.

Reasons of Refusals

The existence of two distinct purposes is not sufficient grounds to deny a request for temporary residency. The temporary residence application may be allowed if the officer is confident that the applicant will leave Canada at the end of their permitted stay regardless of the outcome of any prospective future permanent residence application.

An example of a refusal case

A person applying for a work or study permit who declares they have no plans to leave Canada has only expressed one intention: permanent residence. Even if they later become eligible for the Provincial Nominee Program (PNP) or the Canadian Experience Class (CEC), their candidature will be rejected. This is due to the applicant’s evidence that should they not be granted permanent residency, they would not abide by the regulations of temporary residence.

The flexibility of Section A22 (2), which enables the officer to take the applicant’s intent into account with respect to the specific application circumstances, counterbalances the rigidity of section R179. For instance, the circumstances of a provincial nominee whose application is almost finished and who asks for a work permit with the backing of the province due to an urgent need for their skills differ from those of a study permit candidate who may be eligible for the CEC in three years. The merits of each application should be considered individually, please notice.

Officers are reminded that when making decisions regarding applications that have a dual intent aspect, they should rely on their own judgment and the latitude provided by subsection A22 (2). When evaluating an application, the officer should be able to clearly explain their thinking in the Global Case Management System (GCMS) notes. If dual intent was taken into account when making the application decision, it should have been disclosed. The applicant should be rejected in accordance with section R179, with dual intent noted as a concern in the application notes, if the officer is not convinced that the applicant’s objectives are sincere and has doubts about them.