各位，如果真的被切了，有没有想过其他出路?

again2012

http://www.cic.gc.ca/english/res ... tins/2009/ob131.asp



Operational Bulletins 131 – July 6, 2009

Application of Dual Intent

Background

The Government of Canada has expressed its commitment to attract more international students and temporary foreign workers to Canada, and to tap into this source for the selection of highly skilled workers as permanent residents who will contribute to the Canadian labour force in the long term. Given the potential for an increase in the number of temporary resident applications co-existing with applications for permanent residence in Canada, a number of industry stakeholders have asked for clarity around the concept of dual intent.

The purpose of this operational bulletin is to clarify the interpretation and application of dual intent within the processing of temporary resident applications by:
•defining dual intent;
• reaffirming that an application for temporary resident status will not be refused based on dual intent; and
• clarifying what steps temporary residents must take in the application process.

Legislative reference

Dual intent is not new.  As stated in the Immigration and Refugee Protection Act and Regulations (IRPA/R), having both intents–one for temporary residence and one for permanent residence–is legitimate. The purpose of this bulletin is to address the application of section A22(2) of IRPA with respect to the overseas decision-making process, and to clarify that the issue of dual intent affects all categories of immigration applications.

A22(2) states: “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.” Dual intent is present when a foreign national, who has applied for permanent residence in Canada also applies to enter Canada for a temporary period as a visitor, worker or student. Dual intent on the part of the applicant is therefore not prima facie grounds for refusal of temporary resident status.

Assessing “dual intent’’

A person’s desire to apply for permanent residence before or during a period of temporary residence in Canada may be legitimate. An officer should distinguish between an applicant whose intentions are bona fide and an applicant who has no intention of leaving Canada at the end of their authorized stay if the application for permanent residence is refused.

In assessing bona fides, the individual circumstances of the temporary resident applicant must be examined; refusals of non-bona fide temporary residents may only withstand legal challenge when the refusal is based on the information related to the specific case before an officer. Guidance on assessing bona fides is available in FW 1, section 5.25 (Temporary Foreign Workers), OP 11, section 13 (Temporary Residents) and OP 12, section 5.15 (Foreign Students).

In assessing an application for temporary residence an officer may also consider factors such as:
•the length of time that the client will be spending in Canada;
• the means of support;
• obligations and ties in the home country; and
• compliance with other requirements of the IRPA/R applicable to visitors, workers and students.

If an officer has concerns/doubts about the applicant’s bona fides, the applicant must be made aware of these concerns and given an opportunity to respond to them.

If an application for temporary residence is not approved, the CIC visa officer will provide the client with a letter explaining why an application has been refused. Temporary residence status might be refused for several reasons including:
•history of having contravened the conditions of admission on a previous stay in Canada;
• lack of or insufficient proof of adequate funds to support oneself while in Canada, and to effect one’s departure from Canada;
• medical inadmissibility;
• not satisfying the visa officer that the individual will leave Canada at the end of their period of authorized stay;
• not submitting all required documentation; and
• not satisfying the officer that the applicant has answered all material questions truthfully as required by A16(1).

What temporary residents must do in applying for temporary resident status pertaining to dual intent

Section 22(2) of IRPA acknowledges that there may be instances where a foreign national will seek entry to Canada for a temporary purpose while having a longer term intention to establish permanent residence in Canada. However, the onus is on the applicant to establish that they are a bona fide temporary resident and that they will leave Canada by the end of the period authorized for their stay pursuant to R179(b), R200(1)(b) or R216(1)(b).

Recognizing that an application for permanent residence can legitimately be made from within Canada, when applying for temporary resident status (visitor, worker, student) an individual must first and foremost clearly demonstrate to the visa officer that he or she intends to respect the requirement of their temporary resident status and leave Canada by the end of the period authorized for their stay.

Possible scenarios
1.An applicant applies for a study permit to study in Canada; they also have a permanent resident application in place. The fact that the applicant also has an application to permanently reside in Canada with their spouse does not establish that they would not leave Canada at the end of the period authorized for their study permit as required under R216(1)(b). IRPA expressly allows the applicant to simultaneously seek permanent resident status and temporary resident status.
2.An applicant applies for a temporary resident visa (TRV) to visit Canada but is denied solely because they have a family class application for permanent residence in process. In the refusal letter, the officer states that because the applicant is pursuing permanent residence, the officer is not satisfied that the applicant will leave Canada at the end of the period authorized as required by A20(1)(b). The officer has made an error. A22(2) precludes denying an application for temporary status on the basis that there is an outstanding permanent resident application, if the officer believes that the applicant will leave Canada at the end of the period authorized for their stay. If the permanent resident application is finalized after the issuance of the TRV, the applicant would be authorized, on the basis of the permanent resident visa, to remain in Canada.
3.A provincial nominee applicant applies for a temporary work permit. The officer is satisfied that the applicant will leave Canada by the end of the period authorized for the work permit should the applicant be refused a permanent resident visa. The officer issues a TRV visa. While the applicant is working legally in Canada, their provincial nominee file is finalized by the visa post and the individual becomes a permanent resident.

Officers are reminded to use the good judgement afforded to them by A22(2) in making decisions regarding cases with a dual intent aspect. CAIPS notes should clearly reflect the officer’s reasoning when assessing a case.

again2012

http://www.cic.gc.ca/english/res ... tins/2009/ob131.asp



Dual intent

Purpose

To clarify communication and operations in the study permit process with respect to the concept of “dual intent” by:
•Defining “dual intent’;
•Reaffirming that a study permit will not be refused based on “dual intent’; and
•Clarifying what steps a student must take in the application process.

Introduction

Section 22(2) of Immigration and Refugee Protection Act (IRPA) states: “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.” This can come up in a situation where an international student has one intention to apply for a study permit (as a temporary resident) and a second intention to apply for permanent residency. An applicant may have several mechanisms under the Act allowing them to transfer from the temporary resident stream to the permanent resident stream that would satisfy this dual intent provision. This “dual intent’ is not grounds for refusal of the study permit.

An international student should first be aware that:
•Holders of a study permit are normally required to return home at the end of the period authorized for their stay which usually corresponds with the completion of their studies and they must commit to respecting this requirement at the time of application for the study permit; and
•Federal government programs may be available to international students which permit them to stay and work in Canada after having completed their studies and, in some cases, eventually apply for permanent residency. If unable to qualify for such programs a student is required to leave Canada upon expiry of their study permit.

Background

Stakeholders in the higher education sector have expressed a desire to ensure clarity surrounding the concept of “dual intent’ in order to ensure that it is understood by everybody that, as stated in the legislation, having both intents – one for temporary residence through the study permit, and one for permanent residency – is legitimate.

The federal government wants to ensure Canada is attracting the maximum number of qualified international students in the competitive global market. Taking steps to clarify the concept of dual intent for stakeholders will only further strengthen CIC’s important role in fulfilling this key priority of the federal government.

The Government of Canada has expressed its commitment to attract more international students to Canada and ultimately tap into this source for highly educated workers to contribute to its labour force. Canada has outlined its overall policy objectives related to student recruitment in its 2007 Budget and accompanying economic plan, Advantage Canada, in which it stated that it encourages the “best foreign students to attend Canadian colleges and universities by marketing the excellence of Canada’s post-secondary education system”. This is accompanied by policy objectives designed to retain international students to pursue a “knowledge advantage” in which Canada will create “the best-educated, most skilled and most flexible workforce in the world”. These objectives were also reinforced in the federal government budget of 2008.

Operations related to processing study permits

A person’s desire to apply for permanent residence before or during the period of study in Canada may be legitimate. An officer should distinguish between a bona fide applicant and an applicant who has no intention of leaving Canada if the application for permanent residency is refused.

In determining bona fides, as defined by CIC’s Overseas Processing Manual, Chapter 12, Section 5.15, all students must be assessed by officers on an individual basis; refusals of non-bona fide students may only withstand legal challenge when the refusal is based on the information related to the specific case before an officer. Therefore, while cultural context or historical migration patterns of a client group may be a contributing factor to the decision-making process, they alone are not valid, legally tenable grounds for refusal on bona fides.

If an officer has concerns/doubts about the applicant’s bona fides, the applicant must be made aware of these concerns and given an opportunity to refute them.

The onus, as always, remains on the applicant to establish that they are a bona fide temporary resident who will leave Canada by the end of the period authorized for their stay pursuant to IRPA Regulations 216(1)(b) which, absent any extensions, will normally be following the completion of their studies and the expiry of their study permit pursuant to IRPA Regulation 183(4)(b).

A commitment to bona fide international students

Citizenship and Immigration Canada (CIC) believes in the contribution of international students to Canada’s economic and cultural environment. To encourage international students to study in Canada, the federal government has designed programs to attract and retain more international students, which permit them to stay and work in Canada after having completed their studies and, in some cases, eventually apply for permanent residency, including the Post-Graduation Work Permit Program and the proposed Canadian Experience Class.

CIC acknowledges that there may be instances where bona fide international students who wish to participate in programs being promoted to retain them in Canada may indeed, in the application process, indicate a desire to remain in Canada after the completion of studies.

What students must do in applying for a study permit pertaining to dual intent

In applying for a study permit, a student must first and foremost clearly demonstrate to the Visa officer that he or she intends to respect the requirement that study permit holders leave Canada by the end of the period authorized for their stay which usually corresponds with the completion of studies and expiry of their study permit.

Other information related to a decision on a study permit application

In assessing an application for a study permit an officer may also consider factors such as:
•The length of time that the client will be spending in Canada;
•The means of support;
•Obligations and ties in home country;
•Compliance with other requirements of the Act and Regulations applicable to students/temporary residents.

If an application for a study permit is not approved, the CIC visa officer will provide the client with a letter explaining why an application has been refused. A study permit application might be refused for several reasons including:
•Not providing sufficient proof that an individual has enough money to support oneself while studying in Canada, and to return to their country of residence;
•Medical inadmissibility;
•Not satisfying the visa officer that there is an intention to study in Canada;
•Not satisfying the visa officer that the individual will leave Canada at the end of their period of authorized stay.
•Not submitting all required documentation; and
•Not satisfying the officer that the applicant has answered all material questions truthfully as required by Section 16(1) of IRPA.

again2012

http://www.canadavisa.com/immigration-canada-dual-intent.html

Dual Intent





Dual Intent refers to the concurrent processing of an application for Permanent Residence and an application for Temporary Status, therefore demonstrating the intention to both reside in Canada permanently and only temporarily, at the same time.
Although this may appear contradictory at first glance, in fact it is possible. Imagine, for example, the following scenario:

An individual submits an application for a Canada Immigration Visa. Before receiving the Canada Immigration Visa, the individual wishes to visit Canada for a short time and applies for a Temporary Resident Visa (TRV), or appears at the Port of Entry, if a national of a TRV exempt country. This is perfectly acceptable as long as the individual intends to leave Canada at the end of the visit.

The same principle applies to individuals who are in the process of applying for a Canada Immigration Visa and wish to obtain a temporary Work Permit or Study Permit.

An individual whose application for Permanent Residence in Canada is pending is subject to the same requirements as others when seeking entry into Canada temporarily. The individual should therefore have a reasonable purpose for entry, be prepared to leave Canada at the end of the temporary stay and understand that if a Canada Immigration Visa is issued, he or she must leave and re-enter Canada in order to officially land as a Permanent Resident.

An application for Temporary Status may be scrutinized more closely when a Permanent Resident application is under review, as there is an obvious intention to settle in Canada permanently. If the individual’s ties elsewhere can be demonstrated, however, an application for Temporary Status should succeed.

dululu

这个也知道!
看来风情在移民部有人是真的.

不少91在等待的人都拿到留学签证了。甚至签证官知道你是227之前申请的话，会投来同情的一瞥，下手也宽松很多。
Ruibin 发表于 2012-4-7 06:30

                               
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garden

这个也知道!
看来风情在移民部有人是真的.

dululu 发表于 2012-4-11 02:22

                               
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我也在想这个问题，但是华裔在加拿大移民部，可能性是不是小了点？

lekongwen

没有吧，否则早就给我们来个绿色通道了，还拖到现在在折腾。

安迪

过去五年，还好没真把移民这档子事当真，公司也慢慢步入正轨，做到了业内全国前列的位置，现在一家人都没人想去了。

jackie_xing

楼上兄弟，咱来给你打工吧，只要不干违法犯罪的事，啥都行！

lekongwen

过去五年，还好没真把移民这档子事当真，公司也慢慢步入正轨，做到了业内全国前列的位置，现在一家人都没人想去了。
安迪 发表于 2012-4-18 00:45

                               
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安迪，你的际遇比较好，即便不去也无所谓，但是不少的tz都把自己的希望寄托于移民的道路上了，希望能给自己一个change的机会，但现在来个这样的结果，还真的有点迷茫呢。

天狼星

Choiy

当初就是两条腿走路，现在完全寄望于米国，补料中。。。希望快了吧

kakalet

36了，再上学是不是有点大了。