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              Assessing Applications Against Ministerial Instructions

              by Colin R. Singer / Friday, 05 June 2015 / Published in Canadian Experience Class

              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


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              Tagged under: Assessing Applications Against Ministerial Instructions, Canadian Experience, Federal Skilled Trades, Federal Skilled Worker, Start-up Business Classes

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