Canadian Court Decision: Prior U.S. Residency Application Should Not Impact Intent to Reside in Canada

In a recent federal decision titled “Khan v Canada (Citizenship and Immigration),” the court ruled that considering an outstanding U.S. residency application as a factor in determining the intention to reside in Canada was unreasonable.

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The applicant, Khan, is a citizen of Bangladesh who applied for permanent residence in Canada under the Quebec Investor Class, including his wife and daughter as dependents.

During the application review, the immigration officer expressed concerns regarding Khan’s intent to reside in Quebec, a requirement under the Immigration and Refugee Protection Regulations (IRPR).

The officer cited Khan’s inclusion in a 2012 residency application filed by his sister-in-law in the United States, which was still pending at the time. After discussing these concerns with Khan, the officer remained unconvinced of his intent to reside in Quebec and subsequently refused his application for permanent residence based on failure to satisfy the residency requirement.

The court’s decision now highlights that past or pending applications for U.S. residency should not be a decisive factor when assessing an applicant’s intent to reside in Canada. This ruling can have implications for similar cases and provides clarity on how immigration officers should approach such considerations in the future.

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