我們的雙重意圖頁面已經更新，了解最新的解讀請參考這個頁面。
最近看到一則案例，申請人妻子在加拿大讀PhD，自己也有10年多次往返的簽證。這樣的情況下是非常容易申請OWP的，但是他依然決定在國內申請普通學簽，一個多月拿到了簽證。我們看看申請人的描述：
Study Plan
這也是我的材料中一大奇葩之處，因為我根本就沒說我打算學習結束後回國…
我直接說我是有資格申請OWP的，但是為了先充實自己、融入加拿大社會，想要先參加一個短期項目。所以項目結束後我會申請OWP，然後爭取留在本地工作。
這是Dual intent也就是“雙重意圖”運用的真實範例。
申請美國旅遊、學習等非移民簽證，是一定不能有移民傾向的，只有工作簽證允許有“雙重意圖”，一旦你申請過美國移民（比較典型的例子是，畢業生搖到工簽拿到PERM後遞交I-140申請），就再也無法申請B類（旅遊），F類（留學）等簽證。所以跟美國簽證官說留學之後打算留在美國工作並移民就是作死，所有的人想盡辦法說服簽證官學成後歸國。
這個風氣就漸漸由美國簽證帶到了加拿大，國內中介都在學習計劃中提到畢業後如何回國發展。這是很矛盾的，因為加拿大是鼓勵留學生畢業後留在加拿大，通過合法方式移民的，比如畢業工簽，工作一年走經驗類移民等等。大概是這樣的學習計劃看得太噁心，北京和上海使領館在SPP和SDS的清單中乾脆把學習計划去掉了。
本文最後給出了官方對雙重意圖的詳細闡釋，移民官也對此解釋過多次，加拿大不會因為所謂的移民傾向拒簽。打算通過留學並最後合法留在加拿大的學生，加拿大是很歡迎的。
但事實上，很少有人敢以身試法，“我打算留學加拿大，畢業後拿3年工簽，工作一年走CEC移民”，除了本文開頭那位仁兄，恐怕很少有人敢這麼直截了當地寫，雖然大部分人是這麼想的。
新生代也不免落入俗套，“學成歸國”是我們給客戶做留學簽證中很重要的一環。
這也可以算我們的無奈了，通過撒謊達到目的，大家都不希望這樣，可又不得不這麼做。
再回到開頭，這次過簽可以說明Dual Intent確實會被運用。但這個個案並不值得參考，他完全可以直接入境加拿大申請OWP，然後直接在境內申請Study Permit(持有工簽是可以在境內直接申請學簽的，無需等到61新政)，所以就算拒了，他也毫無壓力可以去和愛人團聚、學習、工作、移民……
可能也正是看到了這一點，在加上他說的都是大實話，這年頭說實話的申請人真不多，簽證官很容易就發給了他簽證。
我多麼希望以後能這麼寫提交信（如果能再有多一點的案例，我真的敢這麼做）：
這個申請人希望通過留學而移民加拿大，所以他是具有真實意圖的學生(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.
