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Leaving Canada · Visitor visa · Study permit · Work permit

A22(2) — dual intent, and why wanting PR is not illegal

Good news hiding in the Act. Wanting to settle in Canada one day does not disqualify you from a temporary visa.

Common refusal groundThis is one of the most frequently cited grounds. It is fixable.
What the law actually saysIRPA s. 22(2)
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.
Read it on the Government of Canada's site

What the officer actually meant

This is the most misunderstood provision in the whole system, and it is the most hopeful one. Many applicants believe they must pretend they have no interest in ever living in Canada. That is not the law.

The law expressly permits dual intent. You may intend to apply for permanent residence in future and still qualify as a temporary resident — provided the officer is satisfied you would comply with the terms of the temporary status you are asking for now.

What officers refuse is not ambition. It is the absence of a credible plan to comply with the permit you actually applied for.

Why this gets written

These are the situations that most often produce this finding. Your notes will usually name the specific one.

What actually fixes it

Fix the thing the officer named. Changing everything else at once usually makes a file look staged.

This is general information, not legal advice. Every file turns on its own facts. We have quoted the legislation above so you can check it yourself. For a misrepresentation finding under A40, speak to a Canadian immigration lawyer or an RCIC before you do anything.

Codes that usually appear with this one

Not sure this is the code in your notes?

Officers write several codes on one file, and only one of them is usually the real reason. Send us your notes and we will tell you which line actually decided your case — and what to do about it.

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