Section 22 — Temporary resident
Text of provision
(1) A foreign national becomes a temporary resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(b), is not inadmissible and is not the subject of a declaration made under subsection 22.1(1).
(2) 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.
Plain English
Section 22 defines who is a temporary resident in Canada. A foreign national becomes a temporary resident when an officer, under s 23, authorises them to enter or remain in Canada as a temporary resident. The authorisation is subject to the conditions imposed under the Regulations.
Section 22(1) provides that a foreign national becomes a temporary resident if an officer is satisfied that the person is not inadmissible and will leave at the end of the period authorised.
Section 22(2) addresses the dual intent principle — an intention to become a permanent resident does not preclude a person from being granted temporary resident status if the officer is satisfied the person will leave at the end of the authorised stay.
Practical effect
The dual intent principle in s 22(2) is practically important: a person with a pending permanent residence application may still be granted a temporary resident visa or work permit. However, the officer must be satisfied the person will genuinely comply with the temporary stay conditions and will leave if the permanent residence application is refused.
Temporary resident status is granted for a specific period. Overstaying the authorised period without a valid extension results in the person becoming inadmissible for failing to comply with the Act.