Specific Directives for Processing Temporary Resident Visa Applications under the Foreign Missions and International Organisations Act for Spouses, Common / Civil Law Partners and Dependent Children Under 22 Years of Age Accompanying Representatives of an

Operational Bulletin 548 – September 06, 2013

Specific Directives for Processing Temporary Resident Visa Applications under the Foreign Missions and International Organisations Act for Spouses, Common / Civil Law Partners and Dependent Children Under 22 Years of Age Accompanying Representatives of an International Civil Aviation Organisation Member Country Travelling to Canada on the Occasion of the 38th Session of the Assembly of this Organisation September 24 – October 04, 2013

Summary

This Operational Bulletin (OB) provides information and processing instructions. These instructions concern the Foreign Missions and International Organisations Act (FMIOA) for:

  • Spouses
  • Common or civil law partners and,
  • Dependent children under 22 years of age

These individuals could be accompanying representatives from member states of the International Civil Aviation Organisation (ICAO) for the 38th Session of the Assembly. The 38th Session of the Assembly is taking place from September 24, 2013 to October 04, 2013. It is worth noting that the International Civil Aviation Organisation (ICAO) has an Order in Council under the Foreign Missions and International Organisations Act (FMIOA).

Background

The International Civil Aviation Organisation (ICAO) is a specialised agency of the United Nations. It has its headquarters in Montreal. It will be hosting its 38th Session of the Assembly on September 24, 2013. All member states will be participating in this Session. The organisers have also planned some activities for the spouses.

Officers would need to note that this OB only applies to:

  • Spouses
  • Common or civil law partners and,
  • Dependent children under 22 years of age

These individuals could be accompanying representatives from member states of the International Civil Aviation Organisation (ICAO) for the 38th Session of the Assembly. These individuals typically benefit from “immunity from immigration restrictions” as specified in:

  • The Order in Council issued under the Foreign Missions and International Organisations Act (FMIOA) and,
  • The Headquarters Agreement between the Government of Canada and the International Civil Aviation Organisation (ICAO) – or, the Agreement

Officers would need to provide these dependents with a fee exempt temporary resident visa. This is in accordance with R296 (2) (a). For this, the officers would need to use the fee exemption code of A-01.

In addition, officers might require additional information and details of the processing procedures applicable to the official delegates to the Assembly. For these details, officers would need to refer to OB 522, published on May 16, 2013.

The Processing Instructions

The authorities would need to process visa applications for the dependents described above expeditiously. This is particularly so if these dependents meet the specifications covered under the Foreign Mission and International Organisations Act (FMIOA). In addition, the authorities would need to issue these visa applications without charges or restrictions. In other words, the authorities mandate that the visa requirement in itself must not become a hindrance with regards to the person’s travel and entry into Canada.

Furthermore, the authorities would need to process these visa applications in an expeditious manner subject to the procedures outlined below. These instructions are valid, regardless of the type of passport the applicants hold. 

Category of Participants

International Civil Aviation Organisation (ICAO) Applicable Immunities that are relevant to Citizenship and Immigration Canada (CIC)

The Impact on Immigration and Refugee Protection Act (IRPA)

Spouse, common or civil law partner and dependent children (up to 22 years of age) of a Representative of a member state

 

“Representative of a member state” denotes a Representative other than a Permanent representative and this could include an entire delegation, delegates, deputy delegates, advisers, technical experts (security staff) and secretaries of the delegation.

 

Officers would need to treat each member of the delegation as a Representative. In addition, a spouse, a common or civil law partner or children could accompany the Representative.

Subsection 3 (3) of the Order and Paragraph 13 (d) of the Headquarters Agreement between the Government of Canada and the International Civil Aviation Organisation (ICAO):

 

“exemption in respect of himself and his spouse and members of his family forming part of his household from immigration restrictions, aliens registration or national service obligations”

 

Section 5 (4) of the Foreign Mission and International Organisations Act (FMIOA)

 

“In the event of an inconsistency or conflict between an order made under subsection (1) and any of sections 33 to 43 of the Immigration and Refugee Protection Act, the order prevails to the extent of the inconsistency or conflict.”

Officers would need to issue a Temporary Resident Visa (TRV) to individuals meeting the criteria, who require a visa to come to Canada. In this scenario, the officers must not issue a Temporary Resident Permit (TRP) to these individuals. This is even if the individuals are inadmissible under any sections of 33 – 43 of the Immigration and Refugee Protection Act (IRPA).

 

In some situations, officers might issue a Temporary Resident Visa (TRV) to an inadmissible person. In this scenario, they would need to follow OP 1 Section 15: Procedures for High-profile, contentious and sensitive cases. They would also need to indicate that the person had cover under an Order within the purview of the Foreign Mission and International Organisations Act (FMIOA) along with the name of the event.

 

Special Events (SE) Code: 13ICAO

 

Fee Exemption codes: A-01 R296 (2) (a)

 

Type of Visa: Diplomatic (D-1), Official (O-1) or Courtesy (C-1) depending on the type of passport presented

 

Duration of Visa: Single entry

 

Security Screening Procedures: Officers would need to follow the security screening procedures. In particular, they would need to follow the procedures specified in the Foreign Missions International Organisations Act (FMIOA). In addition, they would need to do this in conjunction with the existing high-profile notifications, as required.

The Foreign Missions and International Organisation Act (FMIOA) Coding Applicable at Missions and Ports of Entry for “Representatives” and “Officials”

  • Officers would need to insert a note in the Global Case Management System (GCMS) if they processed the case under the Foreign Missions International Organisations Act (FMIOA)
  • Situations might arise where officers enable an inadmissible person covered by the Foreign Missions International Organisations Act (FMIOA) to come to Canada by issuing a Temporary Resident Visa (TRV)
  • In this scenario, the officers would need to enter the following note in the Global Case Management System (GCMS)

“This applicant is inadmissible under Section X of the Immigration and Refugee Protection Act (IRPA), but the applicant’s visit falls under the purview of the Foreign Missions International Organisations Act (FMIOA).”

The authorities have assigned the Special Events (SE) Code 13ICAO to all International Civil Aviation Organisation (ICAO) meetings scheduled in 2013. Therefore, the authorities urge all visa officers to enter the Special Events (SE) code in the Global Case Management System (GCMS). By keying in this information, visa officers would be able to:

  • Support planning
  • Track progress on the processing of applications and,
  • Support various reporting requirements

Situations could arise where officers might have questions on the information given in this document. Alternatively, officers might feel ambiguous about which candidates have the appropriate cover under the Foreign Missions International Organisations Act (FMIOA). In this scenario, officers would need to:

  • Contact their geographic desks and,
  • CC Paul Bisaillon, CIC ICAO Liaison Officer

In addition, situations might arise where officers have questions related to processing fees for the participants. They would need to direct these enquiries to the unit responsible. Moreover, they would also need to cc Special Events. These instructions have come from the Finance Branch.

 

Source: Citizenship and Immigration Canada (CIC)

Read more
No Comments

Pilot Project for Foreign Spouses and Dependent Children of Highly Skilled Canadians or Permanent Residents Returning to Work in Ontario

Operational Bulletin 229-A – April 23, 2012

Pilot Project for Foreign Spouses and Dependent Children of Highly Skilled Canadians or Permanent Residents Returning to Work in Ontario

Issue

The authorities released Operational Bulletin 229 on November 24, 2010. Initially, this pilot was due to conclude on May 23, 2012. However, the authorities have extended this pilot program by a further span of 18 months. As a result, this pilot would remain in effect until May 23, 2013. Therefore, this Operational Bulletin would be effective until then, as well.

Background

The parties concerned with the Canada-Ontario Immigration Agreement agreed to certain terms. These terms found mention in the Temporary Foreign Worker (TFW) annex to the Agreement for Canada-Ontario Immigration Agreement. The parties signed this agreement in August 2008.

According to Article 4.3:

“4.3 Where a Canadian Permanent Resident or Citizen who has left Canada returns to Canada to re-establish their residence in Ontario and work in Ontario as a Skilled Worker, and he/she is accompanied by a foreign spouse or common law partner and/or dependents, Canada agrees to issue open work permits to that spouse or common law partner and those dependents upon application, provided the applicants are otherwise legally able to work in Ontario. These open work permits should have a validity period of two years.”

In addition, Article 4.3 of the Annex mentions that officers would need to provide an exemption to the dependents described in the above-mentioned excerpt. This waiver would ensure that these dependents do not need to obtain a Labour Market Opinion (LMO). However, the applicants would still need to meet all the admissibility criteria. Only once they meet this, would the authorities give them the status of a Temporary Resident in Canada.

Readers could view the entire text of the Canada-Ontario Immigration Agreement on the CIC website.

The Pilot Parameters

This pilot began on November 24, 2010. The authorities had envisaged that it would run for an initial duration of 18 months, concluding on May 24, 2012. Thereafter however, the authorities concerned have extended this pilot by one year – from May 24, 2012 to May 24, 2013 – inclusively.

The terms of the pilot would only apply to qualifying foreign nationals as described subsequently. Moreover, the terms would only be applicable to qualifying foreign nationals destined to work in the province of Ontario.

In addition, the authorities have restricted the occupations for the Canadian or Permanent Resident re-establishing in Ontario only to accommodate:

  • Health professionals and,
  • Academics in post-secondary public institutions

This is in accordance with the purposes prescribed for this pilot project. The authorities would first complete the review of this pilot project. Only then would they consider making any changes to these parameters.

The Pilot Procedures

Applicants for this pilot program would need to refer to the Temporary Foreign Worker’s Guidelines (FW 1). This manual contains all the:

  • General eligibility criteria
  • Conditions specified by the work permit and,
  • The processing procedures

All the above-mentioned details would continue to apply in conjunction with the procedures listed below.

Eligible Participants

The Process for Issuance of Open Work Permits

The process for issuing open work permit involves the following steps:

  • Officers could issue a non job-specific open or open / restricted work permit to a foreign spouse, common-law partner or a dependent child
  • Officers would not need to check whether the applicant has a Labour Market Opinion (LMO) from Service Canada accompanying the application
  • In this situation, the dependent would need to apply for the work permit and pay the appropriate fees
  • Officers could issue these work permits based on the medical examination requirements, if applicable. This is applicable especially if the officers are issuing a restricted work permit to the foreign spouse, common-law partner or a dependent child.
  • The work permit only enables the participant to work in the Province of Ontario only – for the purposes of this pilot
  • Applicants could apply for an open work permit:
    • Overseas, or,
    • In Canada to CPC-Vegreville via:
      • Mail or,
      • E-Application
  • Applicants, who are nationals of visa exempt countries, could also apply at a Port of Entry

System Instructions

  • Officers would need to enter the Labour Market Opinion (LMO) exemption code as T13
  • This is in accordance with section R204(c) of the IRPR, which states that this is “an agreement entered into by the Minister with a province or group of provinces under subsection 8(1) of the Act”
  • Special Program Code
    • Officers would need to use the NEW Special Program Code #160 “RCS” for the spouse, common-law partner or dependent of the Canadian citizen or permanent resident in the:
      • Field Operations Support Systems (FOSS) or,
      • Computer Assisted Immigration Processing System (CAIPS)
  • Officers would need to use this code for:
    • Assisting immigration and border services officers, when they review these applications and,
    • Facilitating statistical research, evaluation and policy development purposes
  • Officers would need to ensure that the spouse, common-law partner or dependent’s work permit lists:
    • The province of Ontario only in the Province field and,
    • That this work permit is only valid for work performed in the province of Ontario in the printed Conditions

Duration and Extensions

Officers would issue this work permit for a span of two years. There would be no extensions to this work permit.

The National Occupation Code list (2006) of eligible occupations as part of the Ontario pilot for returning high-skilled Canadians or Permanent Residents of Canada

Health Professionals

Post-Secondary Education (Academics) for Public Institutions

3111 – Specialist Physicians

4121 – University Professors

3112 – General Practitioners and Family Physicians

4122 – Post-Secondary Teaching and Research Assistants

3113 – Dentists

4131 – College and Other Vocational Instructors

3114 – Veterinarians

 

3121 – Optometrists

 

3122 – Chiropractors

 

3123 – Other Professional Occupations in Health Diagnosing and Treating

 

3131 – Pharmacists

 

3132 – Dieticians and Nutritionists

 

3141 – Audiologists and Speech-Language Pathologists

 

3142 – Physiotherapists

 

3143 – Occupational Therapists

 

3144 – Other Professional Occupations in Therapy and Assessment

 

3151 – Head Nurses and Supervisors

 

3152 – Registered Nurses

 

3211 – Medical Laboratory Technologists and Pathologists’ Assistants

 

3212 – Medical Laboratory Technicians

 

3213 – Veterinary and Animal Health Technologists and Technicians

 

3214 – Respiratory Therapists, Clinical Perfusionists and Cardiopulmonary Technologists

 

3215 – Medical Radiation Technologists

 

3216 – Medical Sonographers

 

3217 – Cardiology Technologists

 

3218 – Electroencephalographic and Other Diagnostic Technologists n.e.c.

 

3219 – Other Medical Technologists and Technicians (except Dental Health)

 

3221 – Denturists

 

3222 – Dental Hygienists and Dental Therapists

 

3223 – Dental Technologists, Technicians and Laboratory Bench Workers

 

3231 – Opticians

 

3232 – Midwives and Practitioners of Natural Healing

 

3233 – Licensed Practical Nurses

 

3234 – Ambulance Attendants and Other Paramedical Occupations

 

3235 – Other Technical Occupations in Therapy and Assessment

 

  

Source: Citizenship and Immigration Canada (CIC) 

Read more
No Comments