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Students who want to immigrate: 学生的双重意图

  最近看到一则案例,申请人妻子在加拿大读PhD,自己也有10年多次往返的签证。这样的情况下是非常容易申请OWP的,但是他依然决定在国内申请普通学签,一个多月拿到了签证。我们看看申请人的描述:

Study Plan
这也是我的材料中一大奇葩之处,因为我根本就没说我打算学习结束后回国…
我直接说我是有资格申请OWP的,但是为了先充实自己、融入加拿大社会,想要先参加一个短期项目。所以项目结束后我会申请OWP,然后争取留在本地工作。

  这是Dual intent也就是“双重意图”运用的真实范例。
  申请美国旅游、学习等非移民签证,是一定不能有移民倾向的,只有工作签证允许有“双重意图”,一旦你申请过美国移民(比较典型的例子是,毕业生摇到工签拿到PERM后递交I-140申请),就再也无法申请B类(旅游),F类(留学)等签证。所以跟美国签证官说留学之后打算留在美国工作并移民就是作死,所有的人想尽办法说服签证官学成后归国。
  这个风气就渐渐由美国签证带到了加拿大,国内中介都在学习计划中提到毕业后如何回国发展。这是很矛盾的,因为加拿大是鼓励留学生毕业后留在加拿大,通过合法方式移民的,比如毕业工签,工作一年走经验类移民等等。大概是这样的学习计划看得太恶心,北京和上海使领馆在SPPSDS的清单中干脆把学习计划去掉了。
  本文最后给出了官方对双重意图的详细阐释,移民官也对此解释过多次,加拿大不会因为所谓的移民倾向拒签。打算通过留学并最后合法留在加拿大的学生,加拿大是很欢迎的。
  但事实上,很少有人敢以身试法,“我打算留学加拿大,毕业后拿3年工签,工作一年走CEC移民”,除了本文开头那位仁兄,恐怕很少有人敢这么直截了当地写,虽然大部分人是这么想的。
  EOIvisa也不免落入俗套,“学成归国”是我们给客户做留学签证中很重要的一环。
  这也可以算我们的无奈了,通过撒谎达到目的,大家都不希望这样,可又不得不这么做。
  再回到开头,这次过签可以说明Dual Intent确实会被运用。但这个个案并不值得参考,他完全可以直接入境加拿大申请OWP,然后直接在境内申请Study Permit(持有工签是可以在境内直接申请学签的,无需等到61新政),所以就算拒了,他也毫无压力可以去和爱人团聚、学习、工作、移民……
  可能也正是看到了这一点,在加上他说的都是大实话,这年头说实话的申请人真不多,签证官很容易就发给了他签证。
  我多么希望以后能这么写提交信(如果能再有多一点的案例,我真的敢这么做):
  这个申请人希望通过留学而移民加拿大,所以他是具有真实意图的学生(Bona Fides Student).

Students who want to immigrate
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.

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