Assessing Applications Against Ministerial Instructions – Federal Skilled Worker, Federal Skilled Trades, Canadian Experience and Start-up Business Classes

The Centralised Intake Office (CIO) would need to assess the applicant’s submission on an as-is basis. Thereafter, it would need to make a final determination of eligibility for processing the application under the appropriate Ministerial Instructions (MIs).

To be eligible for processing, the applicant would need to:

• Submit a complete application in accordance with the requirements prescribed at the time of application and,
• Meet all the criteria described in the applicable Ministerial Instructions (MIs) in place on the date of receipt of the application

If the officers deem the application eligible for processing, they will inform the applicant accordingly. Officers would typically commence processing the application once the Centralised Intake Office (CIO) makes a positive eligibility determination. Once the processing of the application commences, the officers would no longer need to refund the processing fees.

In case the application is ineligible for processing, the officers would inform the applicant. Thereafter, they will issue a refund of the processing fees to the applicant. However, it is worth noting that they will not return the application to the applicant.

In case, the application meets all the criteria of the appropriate Ministerial Instructions (MI), the Centralised Intake Office (CIO) would need to:

• Make a final positive determination of eligibility for processing
• Place the application into process
• Inform the applicant of this fact and,
• Begin assessing the application against the relevant program requirements

Once an application enters the processing stage, the processing fees is no longer refundable.

If the application does not meet all the criteria of the applicable Ministerial Instructions (MIs), the Centralised Intake Office (CIO) would need to:

• Make a final negative determination of eligibility for processing
• Record the outcome and the reasons for this in the Global Case Management System (GCMS)
• Initiate a refund of the processing fees and,
• Inform the applicant accordingly

In this situation, the officers would not return the application to the applicant.

Note:

• When they make a final negative determination of eligibility for processing determination, the officers would need to mention their reasons for determination clearly in the Global Case Management System (GCMS)

The Ministerial Instructions (MIs)

The table below outlines the various Ministerial Instructions (MIs).

Class	Ministerial Instructions (MIs)
The Federal Skilled Workers Class	MI 1 – February 27, 2008   MI 2 – June 26, 2010   MI 3 – July 01, 2011   MI 4 – November 05, 2011   MI 5 – July 01, 2012   MI 8 – May 04, 2013   MI 12 – May 01, 2014
The Federal Skilled Trades Class	MI 6 – January 02, 2013   MI 12 – May 01, 2014
The Canadian Experience Class	MI 2 – June 26, 2010   MI 10 – November 09, 2013   MI 12 – May 01, 2014
The Start-up Business Class	MI 7 – March 30, 2013

Source: Citizenship and Immigration