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Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.
Updated November 12, 2026: IRPA s. 22(2) and recent Federal Court decisions checked that day.
The rule: wanting to become a permanent resident later doesn’t stop you from getting a visitor visa (IRPA s. 22(2)).
The catch: the officer must still be satisfied you’ll leave if your PR isn’t approved before your visit ends.
Why a lawyer: dual intent refusals are common, and some don’t follow the law. Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
Many people want to visit Canada while a permanent residence application or spousal sponsorship is in process: to see a spouse, attend a family event, or look at the place they’ll live. The law allows this. Section 22(2) of the Immigration and Refugee Protection Act says an intention to become a permanent resident doesn’t stop someone from becoming a temporary resident, if the officer is satisfied they’ll leave at the end of their authorized stay. In practice, officers often doubt that someone with a pending PR application will leave. The Federal Court has said treating an intention to seek PR as proof of an intention to overstay is contrary to section 22(2).
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, applies for visitor visas for people with PR applications or sponsorships in process and challenges refusals; this guide is by Prabhpreet Kaur Sangha.
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The law
IRPA s. 22(2): an intention to become a permanent resident doesn’t preclude someone from becoming a temporary resident, if the officer is satisfied they’ll leave by the end of the authorized period. In Lee v. Canada (Public Safety and Emergency Preparedness), 2026 FC 32, the Court set aside an exclusion order where the officer treated a candid mention of a future PR application as proof of intent to overstay.
How to show you’ll leave
- Your ties at home: job, property, family, obligations.
- A defined visit with a return date and booking.
- A record of complying with Canadian immigration rules.
- Honesty about the pending application: don’t hide it.
Spouses with a sponsorship pending
See a spouse’s visitor visa refused while sponsorship is pending.
Why hire a lawyer for a dual intent visit?
One lawyer, one file, every step:
- preparing a visitor application that’s honest about the PR application;
- documenting the ties that show you’ll leave;
- answering any officer concern;
- challenging a refusal that treats PR plans as intent to overstay.
Dual intent applications are refused often, and some refusals misapply the law. A lawyer builds the file to meet section 22(2) and challenges refusals that don’t.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can take a refusal to the Federal Court. An immigration consultant cannot file or argue it there.
Mistakes I have seen
- Hiding the PR application from the visa form.
- Bringing all belongings for a “short visit”.
- Asking to stay until the PR decision with no return date.
Frequently asked questions
Should I mention my PR application?
Yes. Hiding it can lead to a misrepresentation finding.
Can I stay in Canada until my PR is approved?
Only if you have status for that period; a visitor visa covers a temporary visit.
What should I do right now?
List your ties at home, set a return date, and keep a copy of your pending application to disclose honestly.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
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Sources (official)
- Immigration and Refugee Protection Act, s. 22(2)
- Immigration and Refugee Protection Regulations, s. 179
- Lee v. Canada (Public Safety and Emergency Preparedness), 2026 FC 32
This article is general information, not legal advice. Every case depends on its own facts.