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IRCC Issues New Guidelines for ‘Dual Intent’ for Overseas Spousal Sponsorship Applicants

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The Immigration, Refugees and Citizenship Canada (IRCC) declared its new guidelines for dual intent on 30th October 2020. The news was about dual intent program delivery instructions for partners and spouses who have applied or may apply for Canada PR as a sponsored partner or spouse. According to Canadian immigration law, dual intent refers to the foreign nationals who can seek temporary residence and permanent residence in Canada at the same time. The news explains what factors the immigration officers will undergo while accessing the sponsored spouses’ dual intent application. Dual intent is also applicable to the individuals who have applied for TRV.

Dual intent is available when an individual has applied or may apply for Canada PR. It also applies to enter Canada for a specific duration on a temporary visa as a student, visitor, or temporary worker.

More clear rules for dual intent will probably help many existing students, visitors, and temporary worker who is willing to make Canada their home by gaining Canada PR, especially given the way that numerous Canadian immigration programs (programs to obtain Canada PR) reward people who have a Canadian degree or work experience in Canada.

If the Canadian immigration official has concerns or questions about the candidate’s dual intent application, the official must make the candidate aware of these worries. After this, they can offer the candidate a chance to react to the worries. If temporary residence application is not approved, the official will furnish the candidate with a letter clarifying why the application is rejected.

In evaluating an application for temporary residence, immigration officials are told to consider different factors such as:

  • The total duration that an individual will spend in Canada;
  • Means of support;
  • Commitments and ties to the nation of origin;
  • The reason to stay in Canada;
  • The credibility and validity of documents, reports and data submitted;
  • Past consistence with prerequisites of the IRPA and the Immigration and Refugee Protection Regulations (IRPR) that apply to temporary residents (students, visitors, and workers), and data accessible in biometric and biographic information sharing.

If the temporary resident candidates do not show that they have the aim of leaving Canada, and the official just considers their objective to reside in Canada by obtaining Canada PR, their application will not be approved. Regardless of whether the candidate may consequently fit for Canadian Experience Class (CEC) or a Provincial Nominee Program (PNP). The purpose behind this, IRCC says, is because the candidate has not demonstrated that they would regard the terms of temporary residence, should they be not fit for obtaining Canada PR.

Canada immigration officials will utilize their judgment on applications with dual intent; however, the Global Case Management System notes should unmistakably exhibit the official’s thinking while applying. At the end of the day, if dual intent was considered a component of choice on the application, it should be written in the candidate’s file.

Having two purposes — one for temporary residence and one for permanent residence — is authentic. Canada’s IRCC states: “An aim by a foreign national to obtain Canada PR does not disqualify them from becoming a temporary resident if the Canadian immigration official is contented that they will leave Canada by the end of the period authorized for their stay.”

steps of pnp

What are the Steps for the Provincial Nominee Program (PNP)?

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The Provincial Nominee Program (PNP) is one of the major pathways for Canada immigration. Provincial Nominee Program results from an agreement between the federal government of Canada and respective provincial governments. Since each province and territory understand their labour needs better than anybody else, the federal government allows them to select and nominate candidates as per their requirements. It is important to note here that provinces can only nominate candidates; only Canada’s federal government can grant permanent residency. Depending on each province’s size and industry requirements, provinces are allocated an annual quota for nomination and accordingly, provincial governments create and manage their respective provincial nominee programs.

The Provincial Nominee Program (PNP) points out those skilled workers, independently employed individuals and business owners who can help develop that province’s job market. In Provincial Nominee Program (PNP), each region helps Canada to grow the economy, which profits the Canadians and, in return, offers social security benefits to the immigrants.

The main interest of the Provincial Nominee Program (PNP) is to invite the skilled workforce having required credentials such as education, age, work experience, and language proficiency in at least one of the official languages, i.e. English or French. If one satisfies the program’s eligibility criteria, you may receive the nomination from the respective Canadian province, except Quebec.

What after being invited by the Canadian province?

You earn extra 600 points once you are acknowledged by the PNP or issued the nomination certificate. Now, your CRS score will be among the highest in the pool of candidates waiting for the invite from IRCC. Consequently, in the next draw of Express Entry, you’ll be invited to apply for a Canada PR visa. Once you successfully receive an Invitation to Apply (ITA), you have 90 days to submit your documents and other requirements such as proof of fund, medical certificate, etc. You must finish the document verification and submission in 90 days. In case a delay is caused, you might lose the opportunity of applying for your Canada PR.

Step by step guide to apply for PNP

STEP 1: Knowing your Eligibility

Before applying for PNP, it is pertinent to understand if you are qualified for the same. Suppose you plan to apply for the British Columbia Provincial Nominee Program (BCPNP) or PNP of any other province or territory. In that case, you must check the eligibility criteria for each and determine which one applies to you. Also, remember that Quebec has its policies and eligibility criteria. Once you have selected the most appropriate PNP program for yourself, start collecting all the documents required for the application process. Do keep yourself updated on any changes as the prerequisites change without prior notice, and hence it’s essential to maintain a continuous check while applying.

STEP 2: Starting your Application Process

There are two kinds of provincial nominee programs, i.e., those linked to the Express Entry system and others those are stand-alone provincial programs. The ones related to the Express Entry system primarily target experienced skilled workers who are eligible for any federal immigration programs such as the Federal Skilled Worker Program, Federal Skilled Trades Program or the Canadian Experience Class. The other provincial nominee programs are targeted towards applicants required by the provinces such as business owners, semi-skilled and unskilled workers, etc.

The provinces invite the applicants through the Express Entry stream as well as non-Express Entry streams. Depending on your unique situation, your profile might be picked up from the Express Entry pool. You may get an invitation to apply by a particular province such as Ontario or Alberta. In such a case, you first have to apply for the respective PNP, followed by a PR application to the federal government through the Express Entry system. There might be another scenario wherein you are already in the Express Entry pool, and you apply at the PNP portal of provinces such as Saskatchewan and Nova Scotia. In the third scenario, you already work in a particular province or territory, and you can apply to the relevant provincial program in that province only. This program might be linked to the Express Entry system or a stand-alone provincial program. Once a province nominates you in all the above cases, you need to apply to Immigration, Refugees and Citizenship Canada (IRCC) for a Canada PR visa. It is mandatory to submit your medical reports to prove that you are fit and healthy during the application process.

STEP 3: Knowing the Application Processing Time for Different Provinces

The IRCC sets different processing times for various Canada immigration programs. Hence, it is valid to know how much time your application will require to process. Before 2015, the processing times were not exact, as there was no online system.  But now, you’ll get to check the processing time of your application on the online platform.

The application processing time is less for Express Entry linked PNP as compared to the non-Express Entry PNP. The application processing time is different for each province. One can check the application start time, closing time, and processing time on the province’s official site.

STEP 4: After Presenting your Application

Once you submit your Provincial Nominee Program application, you have to follow specific guidelines. Firstly, you’ll receive an acknowledgment of your application. You will also receive a letter saying, “the administration is evaluating your application.” If you submit your application, which lacks a few qualification criteria, your application will not pass.

If you have applied through a regulated Canada immigration consultant, such as Elaar Immigration, your profile will be up to the mark. If you qualify for the PNP, you will receive an invite from the respective province. Once you receive the approval, you need to apply with IRCC for your Canada PR application.

The Canada immigration authority might request you to submit further documents required to issue you an invite. Make sure you submit the documents before the end date. Once you get the province’s nomination, you’ll score extra 600 points if you have applied via the Express Entry linked stream.

STEP 5: Arranging your Travel to Canada

If you apply for your PR application from outside of Canada, now is the time to live your desired life in Canada. Before travelling to Canada, you might contact a few companies/non-profit organizations that help new immigrants settle in Canada. These organizations help you after landing in Canada. For the same, you can contact Elaar Immigration to know more about post landing services in Canada.

Once you land in Canada, your Canada PR card would be mailed to your home address in a couple of months. The Canada PR card will be your entity in the country and hence keep it safe and close to you.

A keynote here is that you must land and settle in the province which nominated you. Although the Canadian Charter of Rights provides the Right to Mobility to every individual, it is your moral duty to reside in the province that nominated you unless there is a compelling reason to move to another part of Canada.

The provinces that participate in PNP are Ontario, British Columbia, Alberta, Saskatchewan,  New Brunswick, Manitoba,  Nova Scotia, Newfoundland and Labrador, Prince Edward Island, Northwest Territories and Yukon. Each of these provinces has its PNP criteria, and hence it is recommended that before applying to any province, visit the province’s official website.

Getting in touch with Elaar Immigration

To apply for Canada immigration via the Provincial Nominee Program (PNP), get in touch with our licensed Canada immigration consultants at Elaar Immigration. They will assess your profile and recommend the best-suited PNP program out of more than 60 different programs and help you throughout the application process. Book your slot today with Elaar immigration to know more about Provincial Nominee Program (PNP) and other Canada immigration programs.

Employment Letter

Employment Reference Letter for Canada PR

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Are you applying for Canada PR under the Express Entry Program or the Atlantic Immigration Pilot Program or any of the other Provincial Nominee Program (PNP)? If yes, then you may require to submit proof of your current or previous work experience.

The candidate must submit a letter to Immigration, Refugee, and Citizenship Canada (IRCC) when the candidate is applying for Canada PR. The applicant must give a letter from the organization with all the specific information.

This letter is called an Employment Reference Letter. The blog provides an overview of how IRCC expects the letter to be and what one can do if their organization is not ready to give this letter.

Points to be included in your Employment Reference Letter

While applying for Canada PR, IRCC expects the letter to be in a proper format which includes the following points –

  • The letter should be printed on the organization’s letterhead and should consist of the organization’s contact information.
  • The contact information should include the organization’s email address, phone number, and complete address.
  • The letter should mention the candidate’s supervisor’s details, including its name, designation, and signature. If the supervisor is not available, the Human Resource manager of the organization can do the needful.
  • It is mandatory to mention the candidate’s name, the title of the job, list of duties, the start date of the job and the end date of the job (if applicable), total working hours per week, salary, and added benefits received every year from the organization.
  • According to the guidelines of IRCC, having the organization’s stamp is not essential.
  • The crucial part of the Employment Reference Letter is to mention the exact duties and responsibilities.
Employment reference letter

Receiving the Employment Reference Letter from the Organization

Being open-minded, IRCC considers specific scenarios.

If the candidate fails to provide the Employment Reference Letter as per the mentioned guidelines of IRCC, it does not mean that the candidate’s application will not be considered.

The candidate has to provide other necessary relevant documents and a Letter of Explanation (LoE), which specifies that the candidate could not give the Employment Reference Letter as per the requirement of IRCC. By doing this, the candidate’s application could be considered.

If the Human Resource manager refuses to give the Employment Reference Letter, the candidate can have a word with the reporting Manager.

Remember to keep proof by sending an email to the human resource manager. Suppose they refuse to give the Employment Reference Letter. In that case, the candidate will have proof of email, which he can add to the supporting documents mentioning it as proof of the company refusing to give the required Employment Reference Letter.

If this does not work, the candidate can ask his or her reporting manager to sign the Employment Reference Letter on behalf of your organization and even without using the organization’s letterhead.

Make sure you include all the necessary information in this letter. The candidate has to add a copy of the company card and have their signature notarized.

After the manager signs the Employment Reference Letter, the candidate should add copies of relevant documents, including a job contract, offer letter, payslips, salary certificate, promotion letters, and so on.

Start a Hassle-Free Express Entry Process

How to use NOC to Draft the Employment Reference Letter?

It is essential to find the NOC (National Occupational Classification) code. Each NOC code mentions the list of responsibilities and duties. The candidate must search for the right NOC code, which matches their actual job duties and responsibilities.

It is one of the most critical parts of your immigration process. If you face any difficulty finding the right NOC code for your occupation, please consult a licensed Canadian immigration consultant. The candidate has to complete the majority of the job duties mentioned in the NOC code.

  • The candidate must write his duties by taking inspiration from the NOC code description.
  • One should not use the same order of the employment responsibilities and the same number of employment duties, as mentioned in the NOC code description.
  • It is advised that one should add two to three more tasks, which are not mentioned in the NOC code description.

Make sure you are not copying the NOC code page’s duties and paste them into your Employment Reference Letter.

IRCC will get to know the reliability and genuineness of your letter. Depending on the same, further investigation might consume time and extend the application process time and may end in rejecting the reference letter.

We have provided below a sample Employment Reference Letter to make the process easier for you:

Sample Employment Reference Letter

(Either organization’s letterhead mentioning organization’s email address, exact location address, and contact number OR name of the Manager and contact information which includes Manager’s Name, designation, organization’s email address, location address, contact number)



To whomsoever, it may concern,

I, (Manager’s Name), hereby certify, as the direct Manager of (Your Name), that (he/she) has been recruited by (Organisation’s Name) since (Date of recruitment) as an (Employment title), and works (full-time or part-time) for (number of work hours per week), and is still working at (Organisation’s Name) under my supervision (if mentioning about the previous employment, make use of the past tense and insert the last date of the job). (Candidate’s Name) annual income is (mention the salary in local currency) and receives benefits, which include (mention the benefits received).

The responsibilities and duties of (Candidate’s Name) as an (Employment title) are as mentioned below:

  1. (Duty/Responsibility)
  2. (Duty/Responsibility)
  3. (Duty/Responsibility)
  4. (Duty/Responsibility)
  5. (Duty/Responsibility)

(In case the Manager does not mention some IRCC required information, you can, for example, add « Not having the necessary authority, I cannot attest to the salary of (Candidate’s Name), nor use the letterhead of (Organisation’s Name) for this letter

Hoping to meet your expectations,

{Manager Title}
Manager Name

Since the Employment Reference Letters are an essential part of ascertaining the right NOC code for your occupation and hence the basis of your Canadian immigration process, it is pertinent to consult a licensed Canadian immigration consultant if you want to do it right the first time around without any negative impact on your application.

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