The Process for Determining Whether the Authorities Have Described the Applicant in the Ministerial Instructions (MIs)

The officers might come across applications, where the Ministerial Instructions (MIs) apply to the type of application submitted by the applicant. In this scenario, the officers would need to assess whether the Ministerial Instructions (MIs) also describe the applicants or not.

Therefore, the officers would need to assess each of the criteria given below. Officers would also need to be aware that the Ebola Affected Countries (EAC) status of a country might not always be relevant. Therefore, the officers would need to consider the time when the Ebola virus disease was active in the country instead. This would be the key determining factor that officers use for assessing each criteria. 

Therefore, the officers would need to consider the following questions:

The Criteria Outlined in the Ministerial Instructions (MIs)

The Questions that Officers Would Need to Consider or Ask Themselves

The applicant has resided in, travelled to, or transited through an Ebola Affected Country (EAC) within the three months prior to the application being received by CIC.

Was the country an Ebola Affected Country (EAC) when the applicant resided in, travelled to, or transited through the Ebola Affected Countries (EAC)?

The applicant intends to travel to or transit through an Ebola Affected Country (EAC) in the future.

Is the country an Ebola Affected Country (EAC) when the officer is assessing the applicant’s intention to travel to that country?

The applicant has resided in, travelled to, or transited through an Ebola Affected Country (EAC) within the three months prior to making the final decision on the application.

Was the country an Ebola Affected Country (EAC) when the applicant resided in, travelled to, or transited through the Ebola Affected Countries (EAC)?

Officers would need to find answers to the questions mentioned above. While doing this, they would need to examine:

  • The applicant’s address history
  • The applicant’s work history
  • The applicant’s passport and,
  • Any other information provided on the application

In addition, the officers would also need to conduct a check of electronic immigration systems. This would include systems like the Global Case Management System (GCMS) etc.

The Process by which Officers Would Need to Calculate the Three-Month Period

The officers would need to assess whether the Ministerial Instructions (MIs) describe the applicant or not. For this, they would need to calculate the three-month period. To do this, they would need to count three months back from the last day in the three-month period.

For example:

  • If the officers receive an application on October 30, 2014, then the three-month period commences on July 30, 3014
  • If the officer is making a decision on January 10, 2015, then the three-month period commences on October 10, 2014

The Standard of Proof in Assessing Travel History

Therefore, officers can feel assured that the Ministerial Instructions (MIs) accurately describe the applicant if:

  • They find evidence that gives them reasonable ground to believe that either of the criteria listed above applies to the applicant

In addition, officers would need to make their decisions based on the information provided by the applicant. Officers should not typically:

  • Seek additional information or,
  • Contact the applicant for confirming that the Ministerial Instructions (MIs) describe the applicant

Officers would need to continue processing the application if they find that:

  • The application does not indicate that the applicant meets the Ministerial Instructions (MIs) criteria listed above

In this scenario, the officers would process the application according to the usual procedures.

Similarly, officers can arrive at the conclusion that the Ministerial Instructions (MIs) describe the applicant if:

  • The application indicates that the applicant meets the criteria listed in the Ministerial Instructions (MIs) and,
  • The supporting documents indicate that the applicant meets the criteria listed in the Ministerial Instructions (MIs)

There are only two exceptions, where officers would need to seek additional information. These appear subsequently in the sections titled:

  • Temporary Resident Visa  (TRV) Applicants in Canada and,
  • Temporary Resident Status Extensions in Canada

Temporary Resident Visa (TRV) Applicants in Canada

Officers would need to obtain information about whether the applicant intends to return to an Ebola Affected Countries (EAC) if an applicant in Canada:

  • Applies for a Temporary Resident Visa (TRV) and,
    • Is a citizen of an Ebola Affected Country (EAC) or,
    • Has an Ebola Affected Country (EAC) listed as the applicant’s last country of permanent residence on their most recent CIC document

In this scenario, the officers would need to call the applicant. They would also need to confirm where the applicant intends travelling. Situations might arise where the officers are not able to contact the applicant via telephone. In this situation, the officers could consider sending a letter via e-mail too. In short, the officers would need to place the application on hold until they can establish contact with the applicant.

Officers would consider that the Ministerial Instructions (MIs) describe an applicant if:

  • The applicant expresses a definite intention of travelling to an Ebola Affected Country (EAC):
    • On a specific date or,
    • For a specific occasion

In some cases, the applicant might express the possibility of travelling to an Ebola Affected Country (EAC) at some indeterminate point in the future. However, officers cannot use this for establishing that the applicant intends to travel to an Ebola Affected Country (EAC).

Temporary Resident Status Extensions in Canada

In some cases, applicants in Canada might apply for extending their temporary resident status in Canada. In this scenario, officers would need to conduct a search of the available system records. This would enable them to determine whether:

  • There is any indication that the applicant is in Canada
  • The applicant has travelled to an Ebola Affected Country (EAC) and,
  • The applicant plans to return to an Ebola Affected Country (EAC)

Officers would also need to call the applicant for confirming whether:

  • The applicant is in Canada and,
  • The applicant intends to return to an Ebola Affected Country (EAC)

However, they would only do this if the applicant:

  • Is a citizen of an Ebola Affected Country (EAC) or,
  • Has an Ebola Affected Country (EAC) listed as the applicant’s last country of permanent residence on the applicant’s most recent CIC document

Situations might arise where the officers are not able to contact the applicant via telephone. In this situation, the officers could consider sending a letter via e-mail too. In short, the officers would need to place the application on hold until they can establish contact with the applicant.

Officers would consider that the Ministerial Instructions (MIs) describe an applicant if the applicant:

  • Is outside Canada  or,
  • Intends to travel to an Ebola Affected Country (EAC)

The Process before Issuing a Permanent Resident Visa

Officers would typically need to issue a permanent resident visa to applicants. This also includes applicants whose applications remain subject to the Ministerial Instructions (MIs). However, prior to issuing these applicants a permanent resident visa, the officers would need to examine:

  • The permanent residence (PR) application and,
  • All the systems

From their examinations, the officers would need to look for any information that indicates that the applicant:

  • Has resided in Ebola Affected Countries (EAC) during the last three months prior to the issuance of the permanent resident visa
  • Has travelled to Ebola Affected Countries (EAC) during the last three months prior to the issuance of the permanent resident visa and,
  • Has transited through Ebola Affected Countries (EAC) during the last three months prior to the issuance of the permanent resident visa

If they find these indications, the officers can conclude that the Ministerial Instructions (MIs) describe the applicant.

The Ministerial Instructions (MIs) do not apply to applications from applicants who:

  • Are visa exempt and,
  • Only receive a Confirmation of Permanent Residence

Note:

  • The World Health Organization (WHO) has deemed the following countries as having widespread and persistent (or intense) transmission of the Ebola virus disease:
    • Guinea
    • Liberia and,
    • Sierra Leone
  • Therefore, the Ministerial Instructions (MIs) consider these countries to be Ebola Affected Countries (EAC)
  • This information is accurate at the time of publication of this OB

Source: Citizenship and Immigration

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The Process to Follow if Officers Receive New Information after the Temporary Residence File is in Process

The Intent to Travel to an Ebola Affected Country (EAC)

Situations could arise where the CIC receives information of the applicant’s intent of travelling to an Ebola Affected Country (EAC). Typically, the CIC could obtain this information through the Call Centre. In this scenario, the CIC would need to reassess the file for determining whether the Ministerial Instructions (MIs) describe the applicant or not. According to the Ministerial Instructions (MIs), the specifications contained in the Ministerial Instructions (MIs) describe an applicant if the applicant:

  • Applies for temporary resident status and,
  • Now intends travelling to an Ebola Affected Country (EAC)

On receiving the information about the applicant’s intent to travel to an Ebola Affected Country (EAC), the office receiving this information would need to:

  • E-mail the Case Management Branch and,
  • E-mail the office processing the application

These e-mails would notify the Case Management Branch and the office processing the application to conduct a proper follow-up.

The e-mail must contain:

  • The subject line as: “URGENT EBOLA – UCI – Intent to travel” and,
  • Detailed notes in the body of the e-mail, which outline the applicant’s statements

The Actual Travel to an Ebola Affected Country (EAC)

Officers would need to note that the Ministerial Instructions (MIs) do not describe an applicant if:

  • The application is in process and,
  • The applicants indicate that they travelled to an Ebola Affected Country (EAC) in the period between the day the office received the application and the day an officer assesses the application 

The officers would need to refer the file to the Case Management Branch as listed above. This is despite the fact that the applicant does not intend to travel to an Ebola Affected Country (EAC).

Source: Citizenship and Immigration

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High Profile Cases from Applicants Described in the Ministerial Instructions (MIs)

In some situations, Canada might have an interest in issuing a travel document to certain individuals. Typically, the Ministerial Instructions (MIs) would describe these individuals. These instances represent individuals, who are high profile cases from the applicants described in the Ministerial Instructions (MIs).

Typically, these high profile individuals could include people who are:

  • Foreign representatives such as:
    • Diplomats
    • Consular officers and,
    • Officials of international organisations such as ICAO
  • Senior foreign government officials or,
  • Other notable world leaders such as senior religious leaders

In these cases, the authorities might issue an appropriate Temporary Resident Permit (TRP).

Prior to issuing a Temporary Resident Permit (TRP), the officers would need to follow certain procedures. They would need to follow the normal high-profile notifications for ensuring that they have obtained the appropriate levels of approvals from the higher authorities before issuing the Temporary Resident Permit (TRP). This is particularly the case when the officers need to issue a Temporary Resident Permit (TRP) to an individual described by the Ministerial Instructions (MIs).

Source: Citizenship and Immigration

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The Process to Follow if the Ministerial Instructions (MIs) Describe the Applicant

Temporary Residence

Officers would need to carry out certain activities, once they determine that the Ministerial Instructions (MIs) describe an applicant. Therefore, they would need to:

  • Cancel the application in the Global Case Management System (GCMS) or the Field Operations Support System (FOSS)
  • Send Letter A to the applicant and,
  • Retain the application for a period of two years

In some cases, the situation might be that the application is already in process. In this scenario, the officers would need to:

  • Make copies of the documents provided by the applicants
  • Keep these copies on file
  • Return the original documents to the applicant and,
  • Keep the file in accordance with the standard retention and disposition schedules prescribed for a refused Temporary Residence (TR) file

The officers would also need to return or refund the fees for cancelled applications under these Ministerial Instructions (MIs), as appropriate.

Permanent Residence: New Applications

The intake office would need to cancel certain applications in the Global Case Management System (GCMS) or the Field Operations Support System (FOSS). They would do this if they determine that the Ministerial Instructions (MIs) describe any member of the family.

In this scenario, the officers would send Letter A to the applicant. Thereafter, they would need to retain the application for a period of two years. The officers would also need to return or refund the fees for cancelled applications under these Ministerial Instructions (MIs), as appropriate.

Permanent Residence: Existing Applications

Situations could arise where the officers determine that the Ministerial Instructions (MIs) describe any member of the family. In this scenario, the officers have the authority to process the application up to a point, where the authorities would make a final decision. Therefore, the officers would not need to return the fees to the applicant.

If the decision appears to be an approval, the officers would need to:

  • Put the application on hold
  • Send Letter B to the applicant
  • Request that the applicant provide the following information for each family member:
      • Documentary evidence of when the family members resided in an Ebola Affected Country (EAC)
      • Documentary evidence of when the family members left the Ebola Affected Country (EAC) and,
      • Documentary evidence of where the family members have resided since leaving the Ebola Affected Country (EAC)
    • However, officers would only follow this course of action if the applicant subsequently contacts the CIC and indicates that they have not resided in an Ebola Affected Country (EAC) for more than three months
  • If the officer is satisfied that the applicant has not lived in an Ebola Affected Country (EAC) for more than three months:
    • The officer would approve the application in accordance with the existing procedures
  • If the officer is not entirely satisfied that the applicant has not lived in an Ebola Affected Country (EAC) for more than three months:
    • The officer would continue to keep the application on hold

Officers would need to follow the procedures given above at any point in the processing stage. This is particularly applicable before the authorities send the visas physically to the applicant. Officers have the authority to cancel a visa counterfoil in a passport. However, they can only do this if they come across new information that indicates that the Ministerial Instructions (MIs) describe the applicant. In this scenario, the officers can place the application on hold.

In some situations, the decision might appear to be a refusal. In this scenario, the officers can refuse the application in accordance with their regular procedures.

Approved Permanent Resident Visa Applications but Control Documents Not Yet Issued

The officers would need to assess certain applicants again to see if the Ministerial Instructions (MIs) describe the applicants. They would do this for:

  • All applications to which the Ministerial Instructions (MIs) apply and,
  • All applications where the authorities have rendered a favourable decision, but have not yet issued a control document i.e. the permanent resident visa

Prior to issuing a control document, the officers would need to verify the applicant’s travel document i.e. passport. In particular, they would need to check whether the applicant’s travel document bears any stamps that suggest that the applicant might have travelled to an Ebola Affected Country (EAC).

The officers might come across certain applicants who do not require a visa. In this scenario, the officers should not request for passports from these applicants proactively.

The officers would also need to look for any information that indicates that the applicant:

  • Has resided in Ebola Affected Countries (EAC) during the last three months prior to making the final decision
  • Has travelled to Ebola Affected Countries (EAC) during the last three months prior to making the final decision and,
  • Has transited through Ebola Affected Countries (EAC) during the last three months prior to making the final decision

If they find these indications, the officers can conclude that the Ministerial Instructions (MIs) describe the applicant. Therefore, in this scenario, the officers would place the application on hold.

Source: Citizenship and Immigration

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The Instructions for Processing CEC Applications

The CIO would need to process all complete CEC applications it receives on or after May 01, 2014. It would therefore, place all complete applications that meet the eligibility criteria into processing.

Applicants seeking eligibility under the CEC Program would need to meet the following criteria. They would need to:

  • Meet the language threshold for the CEC class as prescribed by the Minister in each of the four language skill areas for their occupational skill level, such as:
    • Speaking
    • Oral Comprehension
    • Reading and,
    • Writing
  • Provide evidence of having at least 12 months of paid work experience in one or more occupations belonging to:
    • NOC Skill Type 0
    • Skill Level A or,
    • Skill Level B
  • Ignore (or not claim) work experience attained in one or more of the six ineligible occupations listed earlier in this Operational Bulletin for supporting their application

The CIO would need to assess the work experience claimed by the applicant. Therefore, it would review the information provided by the applicant. It would verify the information given by the applicant in the Economic Classes – Canadian Experience Class form (IMM 0008 – Schedule 8). Applicants usually submit this form along with their application.

The CIO would not make the final determination of eligibility based on the conformity of the work experience claimed by the applicant to the corresponding NOC description. Instead, an officer would make this assessment only after the CIO places the application into processing.

The CIO would place the application into processing once it is satisfied. However, officers could refuse the application if they found that:

  • The applicant only has work experience in one or more of the six ineligible occupations listed earlier in this Operational Bulletin and,
  • The applicant does not have the qualifying work experience (see Note) in one or more occupations belonging to:
    • NOC Skill Type 0
    • Skill Level A or,
    • Skill Level B

The CIO would need to assess whether the applicant has the qualifying work experience in other skilled NOC occupations. Therefore, it would need to assess the work experience claimed by the applicant. Thus, it would review the information provided by the applicant. It would verify the information given by the applicant in the Economic Classes – Canadian Experience Class form (IMM 0008 – Schedule 8). Applicants usually submit this form along with their application. The CIO would also consider any other supporting documents submitted with the application.

After reviewing the applicant’s qualifying work experience (including all the other skilled NOC occupations specified in the application), if the officers:

  • Determine that the applicant possesses the qualifying work experience
    • They would continue to process the file as usual
  • Determine that the applicant does not possess the qualifying work experience
    • The officers would need to return to the occupation and claimed work experience about which they had concerns and which was subject to the final determination of eligibility at the CIO
    • The officers would need to give the applicant the opportunity to respond to the officers’ concerns related to the occupation and work experience in question – this is in accordance with the principles of procedural fairness
    • The officers would need to review any additional information provided by the applicant to address their concerns
    • If the officers are satisfied that the applicant has the qualifying work experience, they could continue to process the file as normal
    • If the officers are not satisfied that the applicant has the qualifying work experience, they could refuse the application

The CIO would need to verify whether the applicant meets the eligibility requirements. In addition, the CIO would also need to check another aspect. They would need to ensure that the application does not go beyond the maximum caps prescribed by MI12.

Some applications would meet all the prescribed criteria. Therefore, the CIO would place these applications into processing. 

Note:

  • Qualifying work experience denotes 12 months of authorised full-time (or the equivalent in part-time) paid Canadian skilled work experience in one or more occupations belonging to:
    • NOC Skill Type 0
    • Skill Level A or,
    • Skill Level B
  • The applicant would need to have this experience within the 36 months preceding the date on which the CIO receives the application
  • The CIO would not include certain periods when it computes the period of qualifying work experience. This includes time spent in:
    • Full-time study or,
    • Self-employment activities

Source: Citizenship and Immigration

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The Instructions for Processing FST Applications

The CIO would need to process all complete FTW applications it receives on or after May 01, 2014. It would therefore, place all complete applications that meet the eligibility criteria into processing.

Applicants seeking eligibility under the FST Program would need to meet the following criteria. They would need to:

  • Meet the language threshold for the FST class as prescribed by the Minister in each of the four language abilities such as:
    • Speaking
    • Oral Comprehension
    • Reading and,
    • Writing
  • Provide evidence of having at least two years (or 24 months) of full-time (or the part-time equivalent) of paid work experience. Applicants must have acquired this experience within the last five years in one of the eligible skilled trade occupations listed earlier in this Operational Bulletin. This criterion is in accordance with the 2011 version of the National Occupational Classification (NOC).
  • The CIO would need to verify whether the applicant meets the eligibility requirements.

In addition, the CIO would also need to check another aspect. They would need to ensure that the application does not go beyond the maximum caps prescribed by MI12.

Some applications would meet all the prescribed criteria. Therefore, the CIO would place these applications into processing.

Source: Citizenship and Immigration

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The Instructions for Processing FSW Applications

The CIO would need to process all complete FSW applications it receives on or after May 01, 2014. It would therefore, place all complete applications that meet the eligibility criteria into processing.

Applicants seeking eligibility under the FSW Program would need to meet the following criteria. They would need to:

  • Meet the language threshold for the FSW class as prescribed by the Minister in each of the four language abilities such as:
    • Speaking
    • Oral Comprehension
    • Reading and,
    • Writing
  • Provide evidence of having at least one year of continuous full-time (or the part-time equivalent) of paid work experience. Applicants must have acquired this experience within the last 10 years in the primary skilled occupation. Applicants would specify this in the FSW application.

The CIO would need to verify whether the applicant meets the eligibility requirements. In addition, the CIO would also need to check another aspect. They would need to ensure that the application does not go beyond the maximum caps prescribed by MI12.

The application would also need to meet the criteria for one of the following three FSW streams:

  • Occupation list stream
  • Offer of arranged employment stream or,
  • PhD student or graduate stream

Some applications would meet all the prescribed criteria. Therefore, the CIO would place these applications into processing.

Source: Citizenship and Immigration

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The Guidelines for Processing New and Existing FSW, FST and CEC Applications

Officers of the CIO would need to consider the date on which the CIO received the FSW, FST and CEC applications. Therefore, the CIO would consider all FSW, FST and CEC applications based on their dates of receipt. This would help the CIO staff calculate the overall and occupation-specific caps. This is in accordance with the existing routine office procedures.

The twelfth set of Ministerial Instructions i.e. MI12 does not apply to FSW, FST and CEC applications received before May 01, 2014 by the CIO. Therefore, the CIO would continue processing all FSW, FST and CEC applications received prior to May 01, 2014 as per:

  • The specific program requirements and,
  • The Ministerial Instructions applicable at the time the CIO received the application

The CIO would receive FSW, FST and CEC applications on or after May 01, 2014. Thus, it would need to assess these applications against the criteria specified in MI12. This would help the officers at the CIO gauge whether the application is eligible so that they could process it. The CIO would make a final determination of the eligibility for processing of the application.

In some situations, the applications could receive a negative eligibility from the CIO. In these circumstances, the CIO would:

  • Return the application the applicant and,
  • Not collect the appropriate fees from the applicant

In case the CIO determines that an application has a positive eligibility:

  • The CIO would place the application into the processing queue and,
  • The applicant would not be eligible for a refund any longer

Each application placed by the CIO for processing would still need to meet the eligibility criteria. Therefore, all applications would need to meet the requirements of:

  • The FSW Program
  • The FST Program
  • The CEC Program and,
  • All other applicable requirements under the IRPA

Source: Citizenship and Immigration

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The New Limit Prescribed by MI12 on the Number of Canadian Experience Class (CEC) Applications

The Ministerial Instructions prescribe a maximum cap of 8,000 new and complete CEC applications. Thus, officers of the CIC would only process a maximum of 8,000 new and complete CEC applications. This cap is currently valid for the period from May 01, 2014 to April 30, 2015. This cap would remain valid unless indicated otherwise in a future Ministerial Instruction.

This maximum overall cap of 8,000 new and complete applications includes:

  • A maximum cap of 200 complete CEC applications for each eligible occupation in Skill Level B.

This is in accordance with the 2011 version of the National Occupational Classification (NOC). Therefore, CIC officers would follow this version of the NOC while processing these applications.

In addition, some applicants would not be able to qualify based on the work experience criteria. Therefore, applicants with work experience in the following six ineligible occupations would not be able to qualify for processing:

  • Unit Group 1221: Administrative Officers
  • Unit Group 1241: Administrative Assistants
  • Unit Group 1311: Accounting Technicians and Bookkeepers
  • Unit Group 6211: Retail Sales Supervisors
  • Unit Group 6311: Food Service Supervisors and,
  • Unit Group 6322: Cooks

The Ministerial Instructions do not prescribe any sub-caps on CEC applications for occupations in:

  • NOC Skill Type 0 or,
  • NOC Skill Level A

However, officers would include these occupations within the overall cap of 8,000 new and complete applications.

Source : Citizenship and Immigration

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The New Limit Prescribed by MI12 on the Number of Federal Skilled Trades (FST) Applications

 

The Ministerial Instructions prescribe a maximum cap of 5,000 new and complete FST applications. Thus, officers of the CIC would only process a maximum of 5,000 new and complete FST applications. This cap is currently valid for the period from May 01, 2014 to April 30, 2015. This cap would remain valid unless indicated otherwise in a future Ministerial Instruction.

This maximum overall cap of 5,000 new and complete applications includes:

  • A maximum cap of 100 complete FST applications for each eligible skilled trade occupation i.e. occupations belonging to the following categories
    • Major Group 72: Industrial, Electrical and Construction Trades
    • Major Group 73: Maintenance and Equipment Operation Trades
    • Major Group 82: Supervisors and Technical Occupations in:
      • Natural Resources
      • Agriculture and,
      • Agriculture-related production
    • Major Group 92: Processing, Manufacturing and Utilities Supervisors and Central Control Operators
    • Minor Group 632: Chefs and Cooks and,
    • Minor Group 633: Butchers and Bakers

This is in accordance with Subsection 87.2(1) of the Immigration and Refugee Protection Regulations (IRPR). The authorities restrict eligible skilled trade occupations to the categories listed above based on Skill Level B. This is in accordance with the National Occupational Classification (NOC) version 2011.

The Ministerial Instructions specify that the maximum caps prescribed in this category apply regardless of:

  • Whether the application comes along with a qualifying offer of employment or,
  • Whether the application comes along with a certificate of qualification issued by a provincial or a territorial apprenticeship authority

Source: Citizenship and Immigration

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