A recent federal court decision has ruled that an applicant for Canadian immigration is entitled to have dual intent to also reside in the United States. The case, Khan v Canada (Citizenship and Immigration), involved a Bangladeshi citizen who had applied for permanent residence in Canada as a member of the Quebec Investor Class.
The immigration officer who reviewed the application had concerns over whether the applicant intended to reside in Quebec, which is one of the requirements of the Immigration and Refugee Protection Regulations (IRPR). One of the reasons the officer was concerned was because the applicant had been included in an application for residency in the United States that his sister-in-law had submitted in 2012. This application was still pending.
The court found that the immigration officer’s decision to consider the outstanding US residency application as it relates to an intention to reside in Canada was unreasonable. The court held that the officer had failed to consider the following:
- There is no reason why an applicant cannot have dual intent to reside in Canada and the United States.
- The two applications were submitted five years apart, and it is possible that the applicant’s intentions had changed in the intervening time.
- The applicant had stated that he would prefer to reside in Quebec than in the United States.
- The applicant did not have control over the US residency application, which was submitted by his sister-in-law.
The court’s decision is a significant victory for applicants who have dual intent to reside in Canada and the United States. It sends a clear message that the immigration authorities will not unreasonably deny applications based on the mere fact that an applicant has also applied for residency in another country.
This decision is also important because it provides guidance to immigration lawyers and applicants on how to demonstrate their intention to reside in Canada. Applicants who have dual intent should be prepared to provide evidence that they have strong ties to Canada, such as family, employment, or education. They should also be prepared to explain why they would prefer to reside in Canada over another country.
This case is a welcome development for those who are seeking to immigrate to Canada. It provides clarity on the issue of dual intent and sets a precedent that will hopefully prevent future applicants from being denied on these grounds.