Family & Citizenship

In Canadian immigration law, the concept of "dual intent" acknowledges that a foreign national may simultaneously hold the intention to temporarily reside in Canada (for example, as a worker or student) and also have the long-term goal of becoming a permanent resident. The Immigration and Refugee Protection Act (IRPA) and related policies recognize this duality. A temporary resident's application for a temporary visa or permit will not be automatically refused simply because they have expressed a desire to seek permanent residency in the future. However, they must convince an immigration officer that they will leave Canada at the end of their authorized stay if permanent residency isn't obtained. This is typically demonstrated by showing strong ties to their home country, such as family, property, and financial obligations, ensuring compliance with temporary status requirements.

Admissibility to Canada goes beyond the absence of a criminal record. Several factors can render an applicant inadmissible, including medical grounds, security concerns, and misrepresentation. Medical inadmissibility can arise if an applicant's health condition is deemed a danger to public health or safety, or if their medical treatment would place excessive demand on Canada's healthcare system. Security concerns, as outlined in sections 34 to 42 of the IRPA, relate to involvement in espionage, terrorism, or organized crime. Furthermore, providing false information or withholding crucial details in an application constitutes misrepresentation, leading to inadmissibility. Therefore, assessing all potential admissibility issues is critical before submitting any Canadian immigration application.

A Provincial Nomination Certificate (PNC) is a document issued by a Canadian province or territory that nominates a foreign national for permanent residence. Each province and territory has its own Provincial Nominee Program (PNP) with unique streams and eligibility criteria, often targeting candidates with specific skills, work experience, or connections to that region. A PNC significantly increases an applicant’s chances of receiving an Invitation to Apply (ITA) for permanent residence under the federal Express Entry system. To obtain a PNC, candidates must usually apply to the specific province or territory, demonstrating they meet their specified criteria, and intend to live and work there. Receiving a nomination certificate awards the applicant 600 additional points in their Comprehensive Ranking System (CRS) score under the Express Entry system.

Canada's immigration system offers various pathways, notably the Express Entry system and Family Sponsorship programs, each serving distinct purposes. Express Entry is a federal system that manages applications for skilled workers under programs like the Federal Skilled Worker Program, Federal Skilled Trades Program, and Canadian Experience Class. Candidates are assessed based on factors like age, education, work experience, and language proficiency. The highest-ranked candidates are invited to apply for permanent residence. Conversely, Family Sponsorship allows Canadian citizens and permanent residents to sponsor eligible family members, such as spouses, partners, children, parents, and grandparents, to immigrate to Canada. Each pathway has different eligibility criteria, application processes, and focus, making it vital for applicants to choose the right program based on their individual circumstances and relationships.

A designated representative, as outlined in the IRCC form IMM 5476, is a person authorized to act on an applicant's behalf in immigration matters before Immigration, Refugees and Citizenship Canada (IRCC). This individual can be a lawyer, a registered immigration consultant, a family member, or another person chosen by the applicant. The designated representative can communicate with IRCC, receive documents, and represent the applicant throughout the process. It’s important to select someone trustworthy and familiar with Canadian immigration law and procedures since they are responsible for ensuring accuracy and efficiency in the application. However, the applicant is still legally responsible for the accuracy of the information provided.