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it clear that there is a distinction between the basis upon which a foreign national seeks entry into Canada (i.e. either as a permanent resident or a temporary resident) and the activity that the foreign national intends to undertake while in Canada temporarily (i.e. working, studying, or just visiting).
Foreign nationals are allowed into Canada as temporary residents by privilege. A22 provides that a foreign national becomes a temporary resident if an officer is satisfied that they have applied for that status, have met the obligations set out in A20(1)(b), and are not inadmissible. Temporary residents include foreign nationals entering Canada as visitors (on temporary resident visas for citizens of non-visa exempt countries) and as workers or students on work and/or study permits. An officer must not issue (temporary status) to a foreign national unless they are satisifed that the applicant will leave Canada at the end of the period authorized for their stay. Applicants may intend to eventually file for permanent residence or, in fact, have an application in process, as provided for in A22(2). However, the officer must be satisfied that the applicant will respect the temporary period of stay that will be authorized upon entry. The foreign national must satisfy both the officer abroad and at the port of entry that they have the ability and willingness to leave Canada at the end of the temporary period authorized, regardless of a future decision with respect to permanent status.
Dual Intent: 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 temporary stay. The person's desire to work, study or visit in Canada before or during the processing of an application for permanent residence may be legitimate. An officer should distinquish between such a person and an applicant who has no intention of leaving Canada if the application is refused.
Foreign nationals are allowed into Canada as temporary residents by privilege. A22 provides that a foreign national becomes a temporary resident if an officer is satisfied that they have applied for that status, have met the obligations set out in A20(1)(b), and are not inadmissible. Temporary residents include foreign nationals entering Canada as visitors (on temporary resident visas for citizens of non-visa exempt countries) and as workers or students on work and/or study permits. An officer must not issue (temporary status) to a foreign national unless they are satisifed that the applicant will leave Canada at the end of the period authorized for their stay. Applicants may intend to eventually file for permanent residence or, in fact, have an application in process, as provided for in A22(2). However, the officer must be satisfied that the applicant will respect the temporary period of stay that will be authorized upon entry. The foreign national must satisfy both the officer abroad and at the port of entry that they have the ability and willingness to leave Canada at the end of the temporary period authorized, regardless of a future decision with respect to permanent status.
Dual Intent: 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 temporary stay. The person's desire to work, study or visit in Canada before or during the processing of an application for permanent residence may be legitimate. An officer should distinquish between such a person and an applicant who has no intention of leaving Canada if the application is refused.
Under the former Immigration Act, the term "visitor" used to be an all encompassing term for any type of temporary stay. Workers and students were considered sub-categories of visitor. According to the IRPA and its Regulations, visitors, workers, students, and temporary resident permit holders are now all subcategories of the Temporary Resident category. This structure was created to make
