The authorities permit foreign nationals to apply for work permits after entering Canada in case the foreign nationals:

• Carry work permits with them
• Are working in Canada based on the authority given in the provisions specified in section 186 and are not business visitors within the meaning of section 187
• Hold study permits
• Hold Temporary Resident Permits (TRPs) issued under the provisions specified in subsection 24 (1) of the Immigration and Refugee Protection Act (IRPA) that are valid for at least six months
• Are family members of a person who:
  • Holds a work permit
  • Is working in Canada based on the authority given in the provisions specified in section 186 and is not a business visitor within the meaning of section 187
  • Holds a study permit or,
  • Holds a Temporary Resident Permit (TRP) issued under the provisions specified in subsection 24 (1) of the Immigration and Refugee Protection Act (IRPA) that is valid for at least six months
• Are in a situation described by the provisions specified in sections 206 or 207
• Have applied for work permits prior to entering Canada and the authorities had approved the application in writing even though the authorities have not issued the permit as yet
• Are applying as traders or investors, intra-company transferees or professionals as described by the provisions specified in section B, C or D of Annex 1603 of the Agreement, within the meaning of subsection 2 (1) of the North American Free Trade Agreement Implementation Act and their countries of citizenship, by virtue of being countries party to that Agreement, grant to Canadian citizens who submit a similar application within that country treatment equivalent to that accorded by Canada to citizens of that country who submit an application within Canada, including treatment in respect of an authorisation for multiple entries based on a single application or,
• Hold written statements from the Department of Foreign Affairs and International Trade stating that it has no objection to the foreign nationals working at a foreign mission in Canada

The authorities permit foreign nationals to apply for study permits after they enter Canada in case these foreign nationals:

• Hold study permits
• Apply within the period commencing 90 days prior to the expiry of their authorisation for engaging in studies in Canada under the provisions specified in subsection 30 (2) of the Immigration and Refugee Protection Act (IRPA) or under the provisions specified in paragraph 188 (1) (a) of the Immigration and Refugee Protection Regulations (IRPR) and ending 90 days after that expiry
• Hold work permits
• Are subject to unenforceable removal orders
• Hold Temporary Resident Permits (TRPs) issued under the provisions specified in subsection 24 (1) of the Immigration and Refugee Protection Act (IRPA) that is valid for at least six months
• Are temporary residents who:
  • Are studying at the preschool, primary or secondary level
  • Are visiting or exchange students who are studying at designated learning institutions or,
  • Have completed a course or program of study that is a prerequisite to their enrolling at a designated learning institution or,
• Are in situations described by the provisions specified in section 207

Similarly, the authorities permit family members of a foreign national to apply for study permits after these individuals enter Canada in case the foreign national resides in Canada and the foreign national:

• Holds a study permit
• Holds a work permit
• Holds a Temporary Resident Permit (TRP) issued under the provisions specified in subsection 24 (1) of the Immigration and Refugee Protection Act (IRPA), which is valid for at least six months
• Is subject to an unenforceable removal order
• Is a member of the armed forces of a country that is a designated state as described by the provisions specified in paragraph 186 (d)
• Is an officer of a foreign government as described by the provisions specified in paragraph 186 (e)
• Is a participant in sports activities or events as described by the provisions specified in paragraph 186 (h)
• Is an employee of a foreign news company as described by the provisions specified in paragraph 186 (i) or,
• Is a person who is responsible for assisting a congregation or a group as described by the provisions specified in paragraph 186 (l)

The authorities require applicants to pay a fee of $200 towards the processing of an application for a Temporary Resident Permit (TRP).

However, the authorities provide an exemption from the payment of this fee of $200 to:

• A person referred to in the provisions specified in subsection 295 (2) or any of the paragraphs 296 (2) (c) and 296 (2) (d), 299 (2) (a), 299 (2) (b), 299 (2) (d), 299 (2) (e), 299 (2) (f), 299 (2) (h), 299 (2) (i), 299 (2) (j), 299 (2) (k), 300 (2) (f), 300 (2) (g), 300 (2) (h) and 300 (2) (i)
  • A person who is a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organisation of which Canada is a member, the members of the suite of such a person and the family members of such a person
  • A member of the armed forces of a country which is a designated state for the purposes of the Visiting Forces Act – this also includes a person who has been designated as a civilian component of that visiting force under the provisions specified in paragraph 4 (c) of that Act, and their family members
  • A person whose work in Canada would create or maintain reciprocal employment for Canadian citizens or permanent residents of Canada in other countries and who is a family member of a person referred to in the provisions specified in subparagraph 299 (2) (g) (iii)
• A person in respect of whom an application for a Permanent Resident Visa (PRV), an application to remain in Canada as a permanent resident or an application under the provisions specified in subsection 25 (1) of the Immigration and Refugee Protection Act (IRPA) is pending or in respect of whom a decision under the provisions specified in subsection 25.1 (1) or 25.2 (1) of the Immigration and Refugee Protection Act (IRPA) is pending
• A citizen of Costa Rica who is seeking to enter and remain in Canada during the period commencing on May 11, 2004 and ending on May 12, 2004 – in case the person does not hold a Temporary Resident Visa (TRV) but is not otherwise inadmissible
• A person who is seeking to enter Canada
  • For the purpose of attending a meeting hosted by the Government of Canada, an organisation of the United Nations or the Organisation of American States as a participant
  • For the purpose of attending a meeting as a representative of the Organisation of American States or the Caribbean Development Bank or,
  • For the purpose of attending a meeting hosted by the Government of Canada, an organisation of the United Nations or the Organisation of American States at the invitation of the Government of Canada and,
• A person who, while the individual is in transit to Canada, ceases to be exempt under the provisions specified in paragraph 190 (1) (a) from the requirement for a Temporary Resident Visa (TRV) in case, during the first 48 hours after the person ceases to be exempt from that requirement, the individual seeks to enter and remain in Canada and is inadmissible to Canada for the sole reason that the person does not have a Temporary Resident Visa (TRV)

Prior to approving a new Temporary Resident Permit (TRP), the officer will need to contact the officers that had issued any expired Temporary Resident Permit (TRP) or a previous Temporary Resident Permit (TRP). This is essential for gathering any additional information that might not be available in the immigration systems.

In addition, the officer will need to consider:

• A short validity period to allow for monitoring and regular reviews of the circumstances
  • In some cases, there might be no negative change to need and risk factors
  • In this scenario, the reviews could be less thorough or less frequent
• Processing applications for subsequent Temporary Resident Permits (TRPs) at local offices in the domestic regions
  • This is especially so in cases where exceptional circumstances exist
  • Examples of such cases could include situations involving victims of human trafficking

In case all of the statements that follow apply in a specific case, officers will need to issue a subsequent Temporary Resident Permit (TRP):

• The client applied prior to the expiry of the previous Temporary Resident Permit (TRP)
• The designated authority decided that the need and risk factors justify that the client remains in Canada and where the reason for inadmissibility has not changed
  • In case the reason for inadmissibility has changed, officers will need to consider the guidelines given in the section titled ‘The Guidelines Applicable to the Situations in Which Officers Need to Issue a New Temporary Resident Permit (TRP) Rather than a Subsequent Temporary Resident Permit (TRP)’ that appears subsequently in this document
• There are no new circumstances that would justify a refusal
• The authorities do not deem the Temporary Resident Permit (TRP) cancelled by departure from Canada
  • It is worth mentioning that the authorities consider a permit to be cancelled in case the permit holder leaves Canada – unless the document specifies otherwise
• The client has complied with any previous conditions imposed such as reporting for a medical examination, confirming the departure etc. and,
• The officers have considered the general factors for Temporary Resident Permits (TRPs)

The officers will be able to issue a subsequent Temporary Resident Permit (TRP) after the expiry of the previous Temporary Resident Permit (TRP) without any break in continuity in case:

• The client applied prior to the expiry of the previous Temporary Resident Permit (TRP) and,
• The applicant’s circumstances or reasons for the delay are sufficiently compelling and justify the need for issuing a subsequent Temporary Resident Permit (TRP)

For Permit Holders Outside Canada

Officers will need to ensure that they do not issue subsequent Temporary Resident Permits (TRPs) to Temporary Resident Permit (TRP) holders who are residing outside Canada.

In all such cases, the officers will need to carry out a review of the case. Therefore, if, after reviewing the case, the officers at local offices in the domestic regions or at the Case Processing Centre in Vegreville (CPC-V) believe that the Temporary Resident Permit (TRP) holder is outside Canada, they will need to schedule the client for an interview. This interview would be useful for ascertaining whether, in fact, the Temporary Resident Permit (TRP) holder is in Canada or not.

For Permit Holders Who Might Be Eligible for Rehabilitation or Record Suspension

The officers will need to ensure that they do not issue subsequent Temporary Resident Permits (TRPs) to Temporary Resident Permit (TRP) holders who are eligible but have not applied for rehabilitation.

In such cases, the delegated decision makers will need to review the case thoroughly. Then, if the delegated decision makers determine that the Temporary Resident Permit (TRP) holder might be eligible for rehabilitation, they will need to encourage the Temporary Resident Permit (TRP) holder to apply for rehabilitation. In addition, they will need to provide the ‘Application for Criminal Rehabilitation’ i.e. IMM 1444E to the Temporary Resident Permit (TRP) holder as well.

If, in the view of the delegated decision makers, find that the circumstances justify the reasons, they will need to issue subsequent Temporary Resident Permits (TRPs) to those who have applied and are awaiting a final decision on their application for criminal rehabilitation.

Before they issue a subsequent Temporary Resident Permit (TRP), officers will need to review the risk and need of the client. If the review of the risk and need determines that the case warrants the issuance of a Temporary Resident Permit (TRP), the officers will need to issue a new Temporary Resident Permit (TRP).

It is worth mentioning that the officers will need to issue a new Temporary Resident Permit (TRP) in case:

• The client applied for a subsequent Temporary Resident Permit (TRP) after the expiry of the previous document and was not able to satisfy the officer by providing compelling reasons for the delay
• The client is inadmissible for a new reason
• The client left Canada and is now returning to Canada and the authorities have not previously authorised the re-entry as indicated on the ‘Temporary Resident Permit (TRP)’ record in the Global Case Management System (GCMS) or the Temporary Resident Permit (TRP) itself and,
• The officer comes across prolonged periods of absence from Canada that amount to a break in continuity of residence

Once the officers decide to approve a new Temporary Resident Permit (TRP), they will need to:

• Issue the new Temporary Resident Permit (TRP) after checking that the client meets the prescribed requirements
• Record a break in the continuity of residence in Canada in the Global Case Management System (GCMS)
• Record the previous Temporary Resident Permit (TRP) number in the appropriate field in the Global Case Management System (GCMS) or add the annotation ‘Has previously been in Canada on Temporary Resident Permit (TRP) # XXX’ to the remarks section
• Explain in a covering letter to the client the consequences of a break in continuity and,
• Notify the client about the importance of applying for a subsequent Temporary Resident Permit (TRP) in time

The provisions specified in R11 indicate the places where applicants will need to submit their applications for permanent or temporary resident visas. It is worth highlighting that the intent of R11 lies in directing applications to the processing office best informed to assess the applications. This greatly improves program integrity and security.

The authorities require applicants to submit their applications for a Temporary Resident Visa (TRV), study permit or work permit to the visa office that is responsible for serving:

• The country in which the applicant has received lawful admittance or,
• The applicant’s country of nationality, or, in case the applicant is stateless, their country of habitual residence

Applicants worldwide have the option of submitting an application for a Temporary Resident Visa (TRV), Study Permit or a Work Permit by using the Come to Canada Wizard and the MyCIC portal.

It is worth mentioning that the Electronic Travel Authorisation (eTA) application is available online only. As such, applicants will be able to apply using the Electronic Travel Authorisation (eTA) application form. Alternatively, they could also use the Come to Canada Wizard.

Visa offices in the USA are responsible for applicants who have received lawful admittance to the USA or Canada.

The provisions specified in R11 (2) continue to be highly flexible. For instance, a business person from India, who spends a couple of days in the UK will be able to apply for a Temporary Resident Visa (TRV) in London. However, the authorities require that the individual must have received lawful admittance to the UK. Similarly, a Chinese student currently studying in Singapore, will be able to apply for a study permit at the visa office there. However, the provisions specified in R11 (2) will not permit a Brazilian national who is physically in Brazil to make a temporary work permit application and send it via mail to the visa office in New York City.

In addition, the provisions specified in R11 (2) do not apply to the collection of biometric information.

The authorities require foreign nationals who are in Canada and who have valid work permits or study permits to apply for a Temporary Resident Visa (TRV) counterfoil through the Case Processing Centre (CPC).

The Guidelines Pertaining to Applications for Permanent Residence (APR)

In order to apply for permanent residence under the Federal Skilled Worker (FSW), Federal Skilled Trade (FST) and the Canadian Experience Class (CEC) programs, the authorities require applicants to create Express Entry profiles and receive invitations to apply. This has become effective since January 01, 2015.

For all other applications, the applicants will need to select the visa office that serves their country of nationality. Alternatively, the applicants would need to select the country where they have received legal admission for a duration of at least one year.

Applicants submitting Self-employed, Start-up visa, Quebec-selected skilled worker and Provincial Nominee Program (PNP) applications will need to mail these applications to the Centralised Intake Office (CIO) in Sydney, Nova Scotia, Canada first.

However, it is worth mentioning that in addition to the Federal Skilled Worker (FSW), Federal Skilled Trade (FST) and the Canadian Experience Class (CEC) programs, provinces and territories (PTs) have the ability to use a portion of the Provincial Nominee Program (PNP) for nominating Express Entry candidates. These Provincial Nominee Program (PNP) applicants will not need to mail their applications to the Centralised Intake Office (CIO) in Sydney, Nova Scotia, Canada.

In addition, applicants will need to mail all new Family Class applications to the Case Processing Centre in Mississauga (CPC-M) in Ontario, Canada.

The authorities require applicants to select the visa office where the processing of the application will take place in their applications. For selecting the right visa office, applicants will need to refer to the table that follows.

Situations could arise where the applicants are submitting paper applications and need to submit their biometric information such as photographs and fingerprints. In this scenario, the authorities urge these applicants not to mail in their applications. Instead, they require these individuals to submit their applications in person at the Visa Application Centres (VACs) nearest to them.

The staff at the Visa Application Centre (VAC) will check that the application is complete. In addition, they will confirm that the applicants have paid the appropriate fees, before they proceed to collect the biometric information from the applicants. In case these applicants are applying from within the United States, these applicants will be able to submit their applications online.

All other applicants will need to select the visa office that serves their country of residence, their country of nationality or the country that has given them legal admittance for learning about the options available to them.

Situations could arise where permanent residents outside Canada need to return to Canada and they do not have a valid Permanent Resident (PR) card. In this scenario, the authorities require these individuals to submit their applications for a travel document to Immigration, Refugees and Citizenship Canada (IRCC). These individuals would be able to submit their applications through the Visa Application Centre (VAC) serving their location. Alternatively, in case there is no Visa Application Centre (VAC) serving their location, these individuals could submit their applications to the Canadian visa office that serves the country they are in.

The table that follows could make it easier for these individuals to figure out where they need to submit their applications.

It is worth mentioning that Temporary Resident Permit (TRP) holders might be eligible for applying for permanent residence as members of the permit holder class in case they meet certain requirements. In particular, Temporary Resident Permit (TRP) holders might be eligible to apply for permanent residence as members of the permit holder class if all of the following stipulations apply:

• They have not become inadmissible on any grounds other than those for which the authorities had issued the original Temporary Resident Permit (TRP)
• They hold a valid Temporary Resident Permit (TRP) at present and,
• They have resided continuously in Canada as permit holders for three to five years – based on the nature of their original inadmissibility

The authorities require applicants in the permit holder class to meet the other requirements prescribed in the Immigration and Refugee Protection Regulations (IRPR) and the Immigration and Refugee Protection Act (IRPA) as well.

It is worth mentioning that there is no discretion involved in granting permanent resident status to members of the permit holder class who meet the applicable requirements.

The validity of an initial or a subsequent Temporary Resident Permit (TRP) typically ranges from one day to three years. This is in accordance with the provisions specified in section 63 of the Immigration and Refugee Protection Regulations (IRPR). However, it is worth highlighting that if the holder of the Temporary Resident Permit (TRP) leaves Canada without obtaining prior authorisation to re-enter Canada, the Temporary Resident Permit (TRP) will no longer be valid.

Situations could arise where the Temporary Resident Permit (TRP) expires and the person does not apply for a new permit prior to the expiration. Such situations could lead to a break in continuity under the permit holder class. Thus, when determining the validity period, officers will need to ensure that:

• They issue the Temporary Resident Permit (TRP) only for the time required e.g. for one week to admit a person to attend a conference etc.
• They assess whether an ongoing and compelling need for the Temporary Resident Permit (TRP) exists and if so, weight that vis-à-vis the risks
• They consider whether any new grounds for inadmissibility have arisen since the issuance of the previous Temporary Resident Permit (TRP) (if applicable) and,
• They remain mindful of the fact that Temporary Resident Permit (TRP) holders could become eligible to apply for permanent resident status under the permit holder’s class after the specified spans of time

In some cases, the authorities might have authorised the Temporary Resident Permit (TRP) holder to work or study. In this scenario, the officers will need to ensure that the validity period of all the documents remains the same.

The authorities require officers to consult the Case Management Branch (CMB) in cases of serious criminality. In this scenario, the Case Management Branch (CMB) could recommend the length of the validity of the Temporary Resident Permit (TRP).

Note:

• In the view of the authorities, three years amounts to 1,095 days i.e. 365 days x 3
• As such, when calculating the expiration date of the Temporary Resident Permit (TRP), officers will need to add the intended length of the Temporary Resident Permit (TRP) from the current date and subtract one day
• However, an exception applies if the period in consideration includes leap years i.e. 2016, 2020 and 2024
• Leap years invariably feature 366 days
• As such, the officers will need to count the expiration date as the intended length of the Temporary Resident Permit (TRP) from the current date minus two days

The authorities require Temporary Resident Permit (TRP) holders to:

• Leave Canada prior to the expiration date specified on the Temporary Resident Permit (TRP) or upon the cancellation of the Temporary Resident Permit (TRP) by an officer
• Apply for a subsequent Temporary Resident Permit (TRP) prior to the expiry of their Temporary Resident Permit (TRP) in case they want to maintain their temporary resident status in Canada and,
• Apply for and obtain a counterfoil that enables them to return to Canada in case all the following stipulations apply in their circumstances:
  • They are from a country whose citizens require a Temporary Resident Visa (TRV) and,
  • They have the relevant authorisation for re-entering Canada

It is worth mentioning that Temporary Resident Permit (TRP) holders who do not comply with the provisions stipulated in the Immigration and Refugee Protection Regulations (IRPR) or the Immigration and Refugee Protection Act (IRPA) could well become subject to:

• The cancellation of their Temporary Resident Permit (TRP)
• An inadmissibility A44 (1) report and,
• A removal order

Similarly, Temporary Resident Permit (TRP) holders whose circumstances change could also be subject to the above-mentioned actions.

It is worth highlighting that Temporary Resident Permits (TRPs) are not usually valid for re-entry to Canada. However, the authorities permit officers to authorise this in exceptional circumstances. Officers will need to record the authorisation to re-enter Canada accurately in the Global Case Management System (GCMS). In addition, the Temporary Resident Permit (TRP) will need to specify ‘DEPARTURE FROM CANADA WILL NOT INVALIDATE THIS TEMPORARY RESIDENT PERMIT UNDER REGULATION R63 (b).’ For more details on the manner in which officers will need to record this information in the Global Case Management System (GCMS), officers will need to refer to the online help provided in the Global Case Management System (GCMS).

Besides this, officers will need to counsel Temporary Resident Permit (TRP) holders who have received the authorisation for re-entering Canada that:

• The Temporary Resident Permit (TRP) is not a travel document
• The Temporary Resident Permit (TRP) holders will need to be in possession of a valid travel document or passport in order to return to Canada
• The Temporary Resident Permit (TRP) holder might require a Temporary Resident Visa (TRV) counterfoil in order to travel to Canada – this is usually required in case the Temporary Resident Permit (TRP) holder is from a visa required country and,
• The Temporary Resident Permit (TRP) holder will always be subject to examination upon re-entering Canada and that the officers of the Canada Border Services Agency (CBSA) could refuse entry into Canada, even if the Temporary Resident Permit (TRP) authorises re-entry

Situations could arise where an officer of the Canada Border Services Agency (CBSA) comes across a Temporary Resident Permit (TRP) holder, who is in possession of a valid permit and is returning to Canada, but does not have the proper authorisation for returning to Canada. In this scenario, the officer will need to seize the permit and cancel it in the Global Case Management System (GCMS). This is because the permit is no longer valid. In addition, the officer will need to examine all the factors associated with the person at the time when the person is seeking to enter Canada. This is because the circumstances might have changed from the time of issuance of the previous Temporary Resident Permit (TRP).

The authorities do not consider Temporary Resident Permit (TRP) holders to be eligible for permanent residence in the permit holder class if they do not meet the requirement of continuous residence and holding of a Temporary Resident Permit (TRP). In short, Temporary Resident Permit (TRP) holders will not be eligible for permanent residence if there has been a break of continuity in their residence in Canada. This is in accordance with the provisions specified in R65 (b).

In the view of the authorities, a break in continuity typically occurs when Temporary Resident Permit (TRP) holders leave Canada without having the authorisation for re-entry. Alternatively, a break in continuity could occur when Temporary Resident Permit (TRP) holders do not apply for a subsequent permit prior to the expiration of their existing permit as well. In both situations, the authorities could still issue a new Temporary Resident Permit (TRP). However, officers would mark the permit holder’s electronic file with a break in continuity. As a result, this break in continuity could affect the eligibility of these individuals for permanent resident status.

In some cases, the individuals concerned could obtain the authorisation to re-enter. However, even with this authorisation, prolonged spans of time of absence from Canada could well lead to a finding that there has been a break in continuity of residence in Canada. In these cases, officers could use a limited degree of flexibility and discretion when it comes to interpreting what constitutes a break in continuity. For instance, a short break that is outside the client’s control might not necessarily warrant the officers considering it as a break in continuity. If necessary, officers could request the individual to provide the relevant documentation. This would help in demonstrating the reason for the individual’s absences from Canada.

Other inadmissibility factors could render Individuals who become inadmissible on any other ground since the issuance of the Temporary Resident Permit (TRP) ineligible for permanent residence. Situations could arise where individuals become subject to a new inadmissibility. In this scenario, officers will need to reassess the case. In addition, they will need to reassess the new inadmissibility. Thereafter, if the case warrants it, they will issue a new permit.

Situations could arise where officers come across individuals who are inadmissible because of security, human or international rights violations, serious criminality or organised crime. In this case, officers will need to remember that people who are inadmissible for the reasons listed below are not entitled to apply for permanent residence in the permit holder class:

• For security reasons – in accordance with the provisions specified in A34
• For human or international rights violations – in accordance with the provisions specified in A35
• For serious criminality – in accordance with the provisions specified in A36
• For involvement in organised crime – in accordance with the provisions specified in A37

In order to be eligible for the permit holder class, the individual will need to meet the requirements specified above. In addition, the individual will need to have resided in Canada continuously as a valid Temporary Resident Permit (TRP) holder for a duration of:

• At least three years while being:
  • Inadmissible on health grounds under the provisions specified in section A38 (1) or,
  • Inadmissible for having come to Canada as an accompanying family member of a foreign national who is inadmissible on health grounds or,
  • Inadmissible on the grounds of having come to Canada as an accompanying family member of a person described above OR,
• At least five years while being inadmissible on any grounds except the ones that follow with the exception of security, violation of human or international rights, serious criminality and organised crime:
  • Inadmissible on health grounds under the provisions specified in section A38 (1) or,
  • Inadmissible for having come to Canada as an accompanying family member of a foreign national who is inadmissible on health grounds or,
  • Inadmissible on the grounds of having come to Canada as an accompanying family member of a person described above

It is worth mentioning that people who are inadmissible for the reasons listed below are not entitled to apply for permanent residence in the permit holder class:

• For security reasons – in accordance with the provisions specified in A34
• For human or international rights violations – in accordance with the provisions specified in A35
• For serious criminality – in accordance with the provisions specified in A36
• For involvement in organised crime – in accordance with the provisions specified in A37

In order to gain acceptance into the permit holder class, the individuals will need to make an application and pay the appropriate processing fee.

It is worth highlighting that the authorities could find a Temporary Resident Permit (TRP) holder who has received a permit for protection reasons to be ineligible even after the officers have assessed the individual’s application for permanent residence under the protected permit holder class. In such cases, the individual will need to reside continuously in Canada on a Temporary Resident Permit (TRP) for the specified span of time. Only then could they qualify as a member of the permit holder class and thus, gain permanent residence.

Processing Applications for Permanent Resident – Stage 2 – Admissibility

Prior to granting permanent residence to a protected person, the authorities will need to ensure that they meet certain objectives. For instance, before they grant permanent residence to a protected person, the authorities will need to ensure that they meet the following objectives:

• To provide a safe haven to people with a well-founded fear of persecution based on Refugee Convention grounds – including those at risk of torture or cruel or unusual treatment or punishment
  • This is in accordance with the provisions specified in A3 (2) (d)
• To protect the health and safety of Canadians and to maintain the security of Canadian society
  • This is in accordance with the provisions specified in A3 (2) (g)
• To promote international order, justice and security by denying access to Canadian territory to people, including protected persons, who are security risks or serious criminals

In order to meet the first objective, the authorities have provided an exemption to protected persons from some of the grounds of inadmissibility that usually apply to other people seeking permanent residence. Similarly, the authorities ensure that they meet the other objectives by requiring all people to undergo the prescribed medical and security clearances prior to giving these individuals permanent residence.

It is worth mentioning that the authorities could grant permanent residence to Convention refugees or protected persons and the family members included in their applications for permanent residence, unless these individuals are inadmissible under the provisions specified in A34, A35, A36 (1), A37 or A38 (1) (a) or A38 (1) (b). The authorities require officers to be mindful of the fact that the inadmissibility of a family member will have no bearing on the admissibility of a protected person.

Under the provisions specified in A34, a permanent resident or a foreign national is inadmissible on security grounds for:

• Engaging in acts of espionage that are against Canada or that are contrary to Canada’s interests
• Engaging in or instigating the subversion of any government by force
  • Engaging in acts of subversion against a democratic government, institution or process in accordance with the understanding of the authorities in Canada
• Engaging in terrorism
• Being a danger to the security of Canada
• Engaging in acts of violence that would or might imperil the lives or safety of people in Canada or,
• Being a member of an organisation of which the authorities have reasonable grounds to believe engages, has engaged or will engage in acts such as:
  • Acts of espionage that are against Canada or that are contrary to Canada’s interests
  • The subversion of any government by force
    • This will include engaging in acts of subversion against a democratic government, institution or process in accordance with the understanding of the authorities in Canada or,
  • Terrorist acts

Similarly, under the provisions specified in A35, the authorities will consider a permanent resident or a foreign national to be inadmissible on grounds of violating human or international rights for:

• Committing acts outside Canada that constitute an offence referred to in the provisions specified in sections four to seven of the Crimes Against Humanity and War Crimes Act
• Being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages in or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity within the prescribed meaning given in the provisions specified in subsections 6 (3), 6 (4) and 6 (5) of the Crimes Against Humanity and War Crimes Act or,
• Being a person, other than a permanent resident, whose entry into or stay in Canada the authorities have restricted pursuant to a decision, resolution or measure of an international organisation of states or association of states, of which Canada is a member, that imposes sanctions on a country against which Canada has imposed or has agreed to impose sanctions in concert with that organisation or association

In accordance with the provisions specified in A36 (1), the authorities will consider a permanent resident or a foreign national as being inadmissible on the grounds of serious criminality for:

• Having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which the authorities have imposed a term of imprisonment of more than six months
• Having been convicted of an offence outside Canada that, in case it had been committed in Canada, would have constituted an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years or,
• Committing an act outside Canada that is an offence in the place where it was committed and that, had the crime been committed within Canada, would have constituted an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years

In accordance with the provisions specified in A37, a permanent resident or a foreign national would be inadmissible on grounds of organised criminality for:

• Being a member of an organisation that the authorities believe on reasonable grounds, is engaged or has been engaged in the past in activities that are part of a pattern of criminal activity planned and organised by a number of people acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside Canada that, had the offence been committed in Canada, would have constituted such an offence, or engaging in activity that is part of such a pattern or,
• Engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in people or laundering of money or other proceeds of crime

It is worth highlighting that the stipulations specified above (pertaining to A37) do not lead to a determination of inadmissibility solely by virtue of the fact that the permanent resident or foreign national entered Canada with the assistance of a person who is involved in organised criminal activity.

Similarly, in accordance with the provisions specified in A38, a foreign national will be inadmissible on health grounds in case the person’s health condition:

• Is likely to be a danger to public health
• Is likely to be a danger to public safety or,
• Might reasonably be expected to cause excessive demand on health or social services

However, an exception applies in this case.

The above stipulations (pertaining to A38) do not apply in the case of a foreign national who:

• Has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations
• Has applied for a Permanent Resident Visa (PRV) as a Convention refugee or a person in similar circumstances
• Is a protected person or,
• Is the spouse, common-law partner, child or other family member of a foreign national (where prescribed by the regulations) who:
  • Has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations
  • Has applied for a Permanent Resident Visa (PRV) as a Convention refugee or a person in similar circumstances or,
  • Is a protected person

Processing Applications for Permanent Resident – Stage 2 – The Extrinsic Information and Procedural Fairness

In the view of the authorities, extrinsic information refers to:

• Information that is obtained from a source other than the applicant and,
• Information that the applicant does not have access to or is not aware of, which the authorities are using during the decision making process

The authorities require officers to inform the applicant in writing of any extrinsic information that the officers are using in the decision. In the view of the authorities, the officers will need to provide applicants with the opportunity of responding to this matter by providing any information that the applicants would like the officers to consider. As such, the letter will need to describe the extrinsic information. If applicable, the letter will also need to describe in detail the manner in which this extrinsic information differs from that provided by the applicant, to the extent that the authorities could view this information as a misrepresentation of a material fact and / or render the applicant ineligible for permanent residence.

The officers will need to instruct the applicant to write to the office within 60 days of the date of the letter. In addition, they will need to notify the applicant that in case the applicant fails to respond, this failure to respond will result in a decision based on the information on file – including the extrinsic information. Besides this, officers will also need to inform the applicants that the applicants could obtain an extension of the 60-day time period by contacting the office immediately with:

• A satisfactory explanation and,
• An indication of the length of the extension that they require

Processing Applications for Permanent Resident – Stage 2 – The Security and Criminal Screening

The authorities require officers to conduct background and security checks for all the applicants and their accompanying family members 18 years of age or older. This is to ensure that these individuals have not become inadmissible since their arrival in Canada. The Case Processing Centre in Vegreville (CPC-V) or the local Immigration, Refugees and Citizenship Canada (IRCC) office will need to initiate this clearance procedure in the Global Case Management System (GCMS).

In addition, the authorities require protected persons to submit Police Clearance Certificates (PCCs) from the countries in which these individuals have resided for more than six months since attaining the age of 18 years. It is worth mentioning that the authorities do not require Police Clearance Certificates (PCCs) from the countries in which the applicant sought protection.

The officers will typically communicate the results of the Canadian Security Intelligence Service (CSIS) and Royal Canadian Mounted Police (RCMP) checks via the Global Case Management System (GCMS). The officers use these results for making admissibility determinations. In case the officer determines that an applicant is inadmissible on serious criminal or security grounds, the Case Processing Centre in Vegreville (CPC-V) will need to transfer the file to the applicable Immigration, Refugees and Citizenship Canada (IRCC) office for refusal. In case the authorities refuse the application, the officers will need to advise the client of the decision in writing.

Processing Applications for Permanent Resident – Stage 2 – The Protected Temporary Residents (PTR) Class

The authorities created the Protected Temporary Residents (PTR) class in order to facilitate the acquisition of permanent resident status by refugees who are in urgent need of protection. As such, members of the class to whom the authorities issue Temporary Resident Permits (TRPs) to come to Canada before the authorities can issue Permanent Resident Visas (PRVs) abroad, have the ability to apply for permanent residence from within Canada. However, these individuals will not need to go through the applicable waiting period as members of the permit holder class will typically need to. In addition, there is no fee for applications made in this class either.

The Eligibility Criteria for Permanent Resident Status in the Protected Temporary Residents (PTR) Class

Temporary Resident Permit (TRP) holders could become permanent residents in this class provided they either:

• Become temporary residents on the basis of a Temporary Resident Permit (TRP) issued for protection reasons, after having made a claim for refugee protection outside Canada under the provisions specified in section 99 of the Immigration and Refugee Protection Act (IRPA) or,
• Received a Minister’s permit under the provisions of the former Act after seeking admission to Canada as members of the Convention refugee class, source country class or country of asylum class

It is worth highlighting that the authorities will not require Protected Temporary Residents (PTR) class applicants and their accompanying family members to undergo another security check in case the original security check is still valid. In some cases, the security clearance might have expired. In this scenario, the authorities will require another subsequent clearance. The Case Processing Centre in Vegreville (CPC-V) or the local Immigration, Refugees and Citizenship Canada (IRCC) office will need to initiate the second clearance as this is essential in the Global Case Management System (GCMS).

Processing Applications for Permanent Resident – Stage 2 – The Medical Examination

The authorities require protected persons and their accompanying family members to undergo the prescribed medical examination. This applies to members of the Protected Temporary Residents (PTR) class as well. This is in accordance with the provisions specified in R30 (1) (a).

The provisions specified in R30 (1) exempt certain foreign nationals from the requirement of submitting to a medical examination, for the purposes of paragraph 16 (2) (b) of the Immigration and Refugee Protection Act (IRPA), such as:

• Foreign nationals other than:
  • Those foreign nationals who are applying for a Permanent Resident Visa (PRV) or applying to remain in Canada as a permanent resident – including their family members, whether they are accompanying or not
  • Those foreign nationals who are seeking to work in Canada in occupations in which the protection of public health is essential
  • Those foreign nationals who:
    • Are seeking to enter Canada or applying for a renewal of their work or study permits or authorisation to remain in Canada as a temporary resident for a period in excess of six successive months – including an actual or proposed period of absence from Canada of less than 14 days and,
    • Have resided or stayed for a period of six successive months, at any time during the one-year period immediately preceding the date on which they sought entry or made their application, in an area that the Minister has determined, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada
  • Those foreign nationals who, an officer or the Immigration Division, has reasonable grounds to believe are inadmissible based on the provisions specified in subsection 38 (1) of the Immigration and Refugee Protection Act (IRPA)
  • Those foreign nationals who are claiming refugee protection in Canada and,
  • Those foreign nationals who are seeking to enter or remain in Canada and who have the ability to apply to the Minister for protection based on the provisions specified in subsection 112 (1) of the Immigration and Refugee Protection Act (IRPA), other than foreign nationals who have not left Canada since the authorities had rejected their claim for refugee protection or application for protection

Situations could arise where officers find that the protected persons (including members of the Protected Temporary Residents (PTR) class) and their accompanying family members possess valid and unexpired medical certificates. If these medical certificates indicate that these individuals are not inadmissible on health grounds, they will not need to undergo a subsequent medical examination.

It is worth mentioning that the medical examination is not for the purpose of declaring a protected person or their family members as being medically inadmissible based on the provisions specified in subsection A38 (2). Instead, the medical examination takes place to identify medical conditions so that the relevant treatment can take place.

It is worth highlighting that inadmissibility on health grounds based on excessive demand on health and social services does not apply to protected persons or their family members in Canada and abroad. It does not apply to members of the Protected Temporary Residents (PTR) class as well. As a result, officers will be able to grant these individuals permanent residence.

However, these individuals would be inadmissible on health grounds if they are likely to be a danger to public health and safety. This is in accordance with the provisions specified in A38 (1) (a) and A38 (1) (b). In such cases, officers will need to refuse applications for permanent residence made by inadmissible people. Despite this, the refusal of the application does not affect the determination pertaining to the need for protection. As such, any applicant who is a protected person could continue to remain in Canada. But, the authorities require officers to verify whether applicants and their family members in Canada have completed a medical examination. For this, the officers will need to do the verification by referring to the Global Case Management System (GCMS).

In some cases, officers might find that the individuals have not completed the prescribed medical examination. In this scenario, the officers will need to send the applicant the appropriate medical forms i.e. IMM 1017 and a list of the designated panel physicians.

Similarly, in some cases, it is possible that the validity of the medical examination might have expired. In this scenario, the officers might need to seek an extension of the validity in specific circumstances from the Migration Health Branch. Officers will need to refer to the guidelines for reassessments of medical certificates prior to contacting the Migration Health Branch.

It is worth mentioning that the automatic partner notification of HIV does not apply to members of the Protected Temporary Residents (PTR) class. For more details on this, refer to the section titled ‘The Procedures for HIV Positive Cases’ that appears subsequently in this document.

Processing Applications for Permanent Resident – Stage 2 – The Temporary Resident Permit (TRP)

Under the authority of the Temporary Resident Permit (TRP), in certain cases, the officers might have reasons to permit people who are inadmissible under the provisions specified in sections A34, A35, A36 (1), A37 or paragraph A38 (1) (a) or A38 (1) (b) to remain in Canada.

In case the officers find that the situation warrants the issuing of the Temporary Resident Permit (TRP), they will need to:

• E-mail a full report and recommendation to the Director of Case Review, Case Management Branch (CMB), National Headquarters (NHQ) and the Director General, CMD – they will need to red flag the report to indicate high priority
• Send a copy of the report to the Canada Border Services Agency (CBSA) and,
• Notify the visa offices to stop processing applications from family members overseas

Processing Applications for Permanent Resident – Stage 2 – The Inadmissible Applicant or Family Member

Situations could arise where the officers determine that an applicant is inadmissible on serious criminal, security or medical grounds. In this scenario, the Case Processing Centre in Vegreville (CPC-V) will need to transfer the file to the applicable Immigration, Refugees and Citizenship Canada (IRCC) office for refusal. If the authorities refuse the application, the officers will need to notify the client of the decision in writing. In addition, the office processing the file will need to inform the visa office (where there might be overseas dependents) of the refusal of the application.

In some cases, the officers might come across a family member, for whom the applicant has sought permanent residence, who is inadmissible. In this scenario, the authorities will be able to grant permanent residence to the protected person and other family members. This is because the general rule that pertains to inadmissible family members does not apply to protected persons seeking to become permanent residents. This is in accordance with the provisions specified in A42.

According to the provisions specified in A42, a foreign national, other than a protected person, will be inadmissible on grounds of an inadmissible family member in case:

• Their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible or,
• They are an accompanying family member of an inadmissible person

But, an exception exists in this case.

In the case of a foreign national referred to in the above paragraph, who is a temporary resident or who has made an application for temporary resident status or an application to remain in Canada as a temporary resident:

• The matters referred to in cases where the accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible, constitute inadmissibility only if the family member is inadmissible under the provisions specified in sections 34, 35 or 37 and,
• The matters referred to in cases where they are an accompanying family member of an inadmissible person, constitute inadmissibility only if the foreign national is an accompanying family member of a person who is inadmissible under the provisions specified in sections 34, 35 or 37

It is worth mentioning that the decision of an officer to refuse to issue a visa to an inadmissible or ineligible family member is not subject to reconsideration by the officer processing the application of the protected person in Canada.

Situations could arise where the applicant or the family member in Canada is inadmissible. In this scenario, the officers will need to write a report under the provisions specified in section A44 on the individual concerned. Thereafter, the officers will need to transfer the file to the appropriate delegated authority.

Note: 

• The inadmissibility of the family member will not in any way affect the admissibility of the principal applicant
• For this reason, non-concurrent processing of the application is possible
• As such, officers will not need to await the admissibility results for all the dependent (including overseas dependents) before the authorities provide an approval to the principal applicant and permit the principal applicant to land

In such cases, officers will need to prepare a case summary for the delegated decision maker. Officers will need to indicate that the applicant has met the requirements of the permit holder class. In addition, they will need to include the following details:

• The reasons for the issuance of the original Temporary Resident Permit (TRP)
• The reasons for the issuance of any subsequent permits (if any) and,
• Any other information or documents that are relevant to the case
  • This could typically include medical notifications in medically inadmissible cases, information about the best interests of the child etc.

It is worth mentioning that applicants for permanent residence will need to pay the processing fee for the permit holder class and the Right of Permanent Residence Fee (RPRF) (if required).

However, it is worth mentioning that the officers might need to grant refunds in all cases where the applicant has paid the Right of Permanent Residence Fee (RPRF) and the applicant has not acquired permanent resident status. The Department would remain obligated to refund the Right of Permanent Residence Fee (RPRF) if:

• The authorities refuse the application or,
• The applicant withdraws the application

The authorities usually provide refunds to the payer (usually the sponsor) in family class cases. Similarly, they provide refunds to the principal applicant in all other cases. In non-family-class cases, they also issue the refund to the principal applicant. It is worth highlighting that the authorities do not issue any refunds to any representatives or third parties.

Family-Class Sponsorship Cases

The authorities will issue refunds in family-class sponsorship cases to the sponsor “on demand” after a negative appeal decision. This is especially so in cases where there are appeal rights. Officers would need to ensure that the authorities have not issued a visa with the applicable visa office abroad. Thereafter, they would need to notify the sponsor that they would be refunding the Right of Permanent Residence Fee (RPRF) upon receiving a written request only after all appeals have been exhausted.

It is worth mentioning that the withdrawal of sponsorships at any time during the process would result in the refund of the Right of Permanent Residence Fee (RPRF). However, the Case Processing Centre would need to advise the visa office abroad of the withdrawal of the sponsorship. Thereafter, it would need to wait for receiving the confirmation that the authorities have not issued a visa prior to processing the refund.

Some sponsorship cases at the Case Processing Centre Mississauga (CPC-M) could result in a negative sponsorship recommendation. In this scenario, the sponsor has the option of continuing with the processing of the case or obtaining a refund of the relevant fees paid immediately by withdrawing the application. In case they opt for the latter, they would receive the refund after the authorities have deducted $75 towards the application fee.

Cases Outside the Family Class

In cases outside the family class, the officers would need to initiate the refund of the Right of Permanent Residence Fee (RPRF) as soon as they send the letter to the applicant indicating the refusal, the withdrawal or the receipt of an unused permanent resident visa at the visa office. In some situations, the officers might find that the principal applicant is a deceased individual. In this scenario, they would need to make the refund to the estate of the applicant after receiving confirmations from the legal representative of the deceased.

For All Cases

Officers would need to check the “Right of Permanent Residence Fee (RPRF)” field in the following systems for all cases before they issue refunds:

• The Field Operations Support System (FOSS)
• The Computer Assisted Immigration Processing System (CAIPS)
• The Case Processing System (CPS)

In addition, they would also need to check the Computer Assisted Immigration Processing System (CAIPS) notes for ensuring that the:

• Applicant paid the fees and,
• Authorities have not already issued a refund

In some cases, the officers might find that the authorities have issued a permanent resident visa, which the applicant has not utilised. In this scenario, the officers would need to ensure the return of the visa to the issuing office, before they can process a refund.

Depending on the circumstances in the case, the process for refunds could differ.

• For Family Class Applicants
  • Who May Request the Refund: The sponsor
  • The Issuing Office: 
    • The Case Processing Centre Mississauga or,
    • The Case Processing Centre Vegreville
• For Other Permanent Residence Categories
  • Who May Request the Refund: The principal applicant
  • The Issuing Office: The case processing centre (CPC) or the visa office processing the application
• If the authorities refuse the application:
  • The case processing centre (CPC) or the visa office processing the application would need to automatically initiate the refund if the applicant has not filed an appeal
  • However, if the applicant files an appeal, the authorities would not be able to issue a refund until the rendering of a final decision
• If an applicant wishes to withdraw an application:
  • The applicant would need to provide the request for withdrawal in writing to the responsible office and,
  • The officers would need to initiate the refund after they receive the withdrawal notice

Note:

• Economic and business class applicants outside Canada would be able to pay the Right of Permanent Residence Fee (RPRF) online with effect from January 14, 2014
• They would be able to do so by using an accepted credit card i.e. Visa, MasterCard and American Express only
• For more information on processing refunds for online Right of Permanent Residence Fee (RPRF) payments, officers would need to review the Payments abroad section on the website of Citizenship and Immigration Canada (CIC)

Situations could arise where, at any time during the validity of the Temporary Resident Permit (TRP), the permit holder becomes inadmissible for an additional reason that the Temporary Resident Permit (TRP) did not cover. In this scenario, the officers might need to cancel the existing Temporary Resident Permit (TRP) and make a new A44 (1) report and evaluate the new circumstances.

Depending on the circumstances of the cases, officers could recommend the issuance of a new Temporary Resident Permit (TRP). This would enable the individual to remain in Canada. Alternatively, officers could make a recommendation regarding whether or not to refer the client to the Canada Border Services Agency (CBSA) for taking the appropriate enforcement action.

In some cases, the authorities might issue a new Temporary Resident Permit (TRP). Despite this, it is worth mentioning that the new inadmissibility constitutes a break in continuity that affects the conditions for eligibility for permanent residence under the permit holder class.

It is worth highlighting that there is no provision that permits members of the permit holder class to include accompanying family members in their applications for permanent residence. This is because any accompanying family members would have required their own Temporary Resident Permits (TRPs) at the time of the applicant’s original entry to Canada. In order for the authorities to consider the accompanying family members for permanent residence, these individuals would need to submit their own applications under the permit holder class as principal applicants.

Family members living abroad who are eligible for membership in the family class might receive sponsorship once a member of the permit holder class becomes a permanent resident.

Once the authorities accept a person in the permit holder class, the applicant will be exempt from having to pay the Right of Permanent Residence Fee (RPRF) in case the individual is a dependent child of another member of the permit holder class who has already submitted an application for permanent residence or, if the individual is a dependent child of a permanent resident or a Canadian citizen.

The Provision of the Health Follow-up Handout – HIV Infection Document

Officers could come across foreign nationals who are HIV positive when they assess applications for permanent or temporary residence, during the immigration process. The authorities require officers to issue these HIV positive individuals a copy of the Health Follow-up Handout – HIV Infection document.

The Automatic Partner Notification of Sponsored Family Class Applicants Who Test Positive for HIV

It is possible that officers might not assess applicants in the family class and the dependent refugee class who test positive for HIV as medically inadmissible because of excessive demand on Canada’s health care system. This is in accordance with the provisions specified in A38 (2). As such, officers will need to make the sexual partners of these individuals residing in Canada aware of the risk this serious medical condition could place on their health.

In this scenario, automatic partner notification will serve to give applicants in the family and dependent refugee classes, who test positive for HIV 60 days from the date of receiving notification of the policy, to voluntarily disclose their HIV positive status to their spouse or partner or to withdraw their application. After this 60-day period lapses, the Department will formally notify the spouse or partner of their dependents’ HIV positive status prior to proceeding with the application.

This policy serves to provide HIV positive applicants with an appropriate window of opportunity to voluntarily disclose their medical status or to withdraw their applications. This helps in facilitating the commitment of Immigration, Refugees and Citizenship Canada (IRCC) towards public health and safety.

It is worth mentioning that the medical officers will have to continue notifying immigration program managers of cases where individuals test positive for HIV in both the family class and dependent refugee class. Such cases might well be few in number. However, it is still essential for officers to follow these instructions accurately.

The authorities require all permanent resident applicants who are 15 years of age or older to undergo an HIV test as part of their medical examination. This applies to children who have certain risk factors, such as having received blood or blood products, having a known HIV positive mother or being potential adoptees as well.

As part of this medical examination, the responsible panel physician will need to provide post-test counselling to HIV positive applicants in accordance with the guidelines provided in the handbook for designated medical practitioners. The panel physician will need to have the applicant sign the Acknowledgement of HIV Post-Test Counselling form i.e. IMM 5728E as well.

Thereafter, the authorities require the applicants to attend an interview with a visa or an immigration officer. During this interview, the officers will need to inform the applicants of the Automatic Partner Notification Policy for HIV Positive applicants in the Family and Dependent Refugee Classes. In addition, the applicants will need to sign the Acknowledgment of the Automatic Partner Notification Policy for HIV Positive applicants in the Family and Dependent Refugee Classes to indicate that the officers have informed them of this policy. The officer will need to feel satisfied that the applicant has understood the implications and received the information pertaining to the policy. The officer will need to ensure that the officer addresses any other concerns that the applicant might have with regard to their application.

The visa or immigration officer will need to provide the applicant 60 days for disclosing their HIV positive status to their spouse or partner residing in Canada. Alternatively, they will need to withdraw their applications.

Once the period of 60 days has elapsed from the date of the interview, the officer will need to send a partner notification letter to the known spouse or partner in Canada.

While administering the automatic partner notification policy, the authorities require visa and immigration officers to ensure that:

• All the applicants have signed the Automatic Partner Notification Policy for HIV Positive applicants in the Family and Dependent Refugee Classes
• All the applicants have clearly understood the implications of the policy
  • This will typically include the direct consequences of withdrawing their application and of being HIV positive
  • For more details, refer to the section titled ‘The Guidelines Pertaining to Witnesses that Visa and Immigration Officers Will Need to Use’ that appears subsequently in this document
• The officers have given 60 days to all applicants for voluntarily disclosing their status or withdrawing their applications before the officers send a formal notification to the spouse or common-law or conjugal partner residing in Canada
• The case notes clearly reflect all the counselling that the officers have given to the applicant
  • The case notes will need to include the decisions agreed to by the applicant and the steps taken towards completing the notification process

As mentioned earlier, the responsible panel physician will need to provide post-test counselling to HIV positive applicants. During this session, the responsible panel physician will counsel the applicants on the medical, social and psychological implications of being HIV positive. It is worth mentioning that the topics will only include those that have a relevant medical theme. As such, the topics should not include any implications for the immigration application. The panel physician will then need to ensure that the applicant signs the Acknowledgement of Post-Test Counselling form i.e. IMM 5728E.

It is worth mentioning that the responsible medical officer will need to notify the responsible immigration program manager in writing, when the officer comes across an applicant, who is exempt based on the provisions specified in subsection A38 (2), tests positive for HIV. In addition, the responsible medical officer will need to notify the responsible immigration program manager in writing about any risk assessment made on public health or public safety grounds.

In some cases, applicants might have taken advantage of the family class procedures. Thus, some applicants might already be aware of their HIV status before the missions have received their completed applications and created family class files. In such cases, the missions should avoid initiating any partner notification process until they have created a file at the visa office and the applicant has completed all the necessary counselling in accordance with the instructions that follow.

During the interview with the visa or immigration officer, the first activity that will take place will be the verification of the post-test counselling.

It is worth highlighting that dealing with HIV positive applicants will invariably involve various serious medical, legal and ethical concerns. As a result, the authorities require officers to ensure that they interview all of these applicants in person. In addition, the visa and immigration officers will need to ensure that they do not discuss the issue of partner notification with applicants who do not possess an Acknowledgement of Post-Test Counselling form i.e. IMM 5728E.

Situations could arise where, during an interview, it becomes apparent that the applicant does not adequately understand the nature of their medical condition. In this scenario, the officers will need to suspend the interview. In such cases, the officers will need to counsel the applicant to revisit the panel physician they originally saw in order to seek further counselling. In addition, the officers will need to request the applicant to obtain another Acknowledgement of Post-Test Counselling form i.e. IMM 5728E from their panel physician.

Only once an officer is satisfied that the applicant understands the implications of their medical condition, should the officer proceed to providing an explanation of the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes.

The next step will involve providing an explanation of the Automatic Partner Notification Policy.

Officers bear the responsibility for explaining the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes to the applicant. As such, they will need to ensure that the applicant understands the policy thoroughly.

After determining that the applicant understands the policy, its potential consequences and the options available, the visa or immigration officer will need to ensure that the applicant:

• Has reviewed and signed the acknowledgement of the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes
• Has received a copy of the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes and,
• Has received a copy of the signed acknowledgement

The authorities require officers to advise applicants that the signing of the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes does not in any way affect the processing of their application to completion. Some applicants might not want to sign the form. In this scenario, the officers will need to advise the applicants who do not sign the form that the form only exists to ensure that the Department has a record that the applicants have received the appropriate information about the policy and have had the opportunity of discussing their options under the provisions specified in the policy.

In addition, the visa or immigration officers will need to ensure that all the case notes reflect the counselling, the decisions and the steps taken between the visa or immigration officer and the applicant towards completing the notification process.

Note:

• Situations could arise that warrant the need for the services of an interpreter
• In this scenario, the officers will need to ensure that the applicant completes the Interpreter Declaration form
• The authorities require visa and immigration officers to use the instructions given in the Guidelines for Witnesses, as and when they deem it to be necessary

Situations could arise where the applicant does not sign the acknowledgement of the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes. In this scenario, the officers will need to continue processing the application with notes on the file. The notes will serve to indicate that the applicant understood the policy but chose not to sign the acknowledgement. The authorities require officers to flag such cases to the National Headquarters (NHQ) Litigation Management (BCL).

In some cases, the applicant might express certain personal concerns. For instance, the applicant might express concerns about a risk to the applicant’s safety should others become aware of their HIV status. It is clear that standard counselling alone will not suffice for satisfying such a concern. In this scenario, the authorities require visa and immigration officers to notify the immigration program manager of these cases. The authorities will deal with such cases in consultation with the International Region (IR) – Operational Coordination (RIM) and other headquarters divisions as the case may be.

The authorities require officers to ensure that 60 days have elapsed from the date of the interview before the officers continue processing the application.

• In some cases, the applicant might withdraw the application
  • In this scenario, the officers will need to process withdrawals by the applicant based on the normal procedures
• In some cases, the sponsor might choose to withdraw the sponsorship
  • In these cases, the Case Processing Centre in Mississauga (CPC-M) will typically inform the visa office that the sponsor (i.e. the spouse or partner residing in Canada) has withdrawn the sponsorship
  • In this scenario, the visa office will need to refuse the application in accordance with the standard procedures
  • They will also need to use the refusal letter for sponsorship withdrawal
• In some cases, neither the sponsor not the applicant might withdraw the application
  • In this scenario, the visa office will not receive any notifications from the Case Processing Centre in Mississauga (CPC-M) that the sponsor has withdrawn the sponsorship
  • Similarly, the visa office will not receive any indications from the applicant that the applicant wishes to withdraw the application
  • In such cases, the officers will need to resume the case processing to finalisation

In some cases, neither the applicant nor the sponsor might have initiated any withdrawals of the application. In this scenario, the officers will need to prepare and send the partner notification letter. In addition, they will need to send the HIV Contact Information in Canada handout along with the partner notification letter. Officers will usually send both these documents to known spouses or partners residing in Canada with copies on file. The visa or immigration officer will need to ensure that the spouse or partner’s address is the most current available. They could verify this by requesting verification from the Case Processing Centre in Mississauga (CPC-M) for family class applicants. Alternatively, they could verify the paper file of the dependent refugee class applicant.

It is worth mentioning that the authorities require officers to use these guidelines when they witness an applicant’s signature.

The following rules are generic in nature. As such, the authorities require officers to use them when the officers complete any forms used for processing HIV positive applicants in the family and dependent refugee classes. However, the officers should not consider these guidelines as being all inclusive or exhaustive.

The authorities require officers to be aware of the importance of ensuring that the applicant fully understands the implications of being HIV positive. In addition, the authorities require officers to be aware of the importance of ensuring that the applicant fully understand the implications of the provisions specified in the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes. The officer will need to find out whether the applicant requires an interpreter prior to convoking an interview. In case the applicant requires the services of an interpreter, the officer will need to use the interpreter declaration form, when necessary.

Some general guidance tips that the officers could follow include:

• Not obtaining the applicant’s signature until the discussion of the automatic notification policy and the implications of testing positive for HIV have been completed
• Not obtaining a signature of consent from an applicant who is under the influence of medication that could affect the applicant’s mental ability to make a decision pertaining to their understanding of the policy and any options available
• Filling in blanks in block letters that are clearly legible – in blue or black ink
• Ensuring that the form is complete in all aspects before the applicant signs it
• Ensuring that the applicant signs the form before the disclosure to the spouse or partner takes place
• Delaying acting on the partner notification until the officers have answered any questions that the applicant might have after the form has been signed
• Avoiding the use of terms that the applicant might not be able to understand when the officer explains the automatic partner notification policy
• Avoiding making any additions, deletions or alterations to the form once the applicant has signed it and,
• Ensuring that the statement that the applicant is signing is correct

It is worth mentioning that some key documents pertaining to the Automatic Partner Notification Policy for HIV Positive Applicants in the Family and Dependent Refugee Classes include:

• The Acknowledgement of HIV Post-Test Counselling i.e. IMM 5728E
• The Health Follow-up Handout – HIV Infection (for the applicant)
• The HIV Contact Information in Canada (for the sponsor) and,
• A copy of the Automatic Partner Notification Policy (for the applicant)

The validity of an initial or a subsequent Temporary Resident Permit (TRP) typically ranges from one day to three years. This is in accordance with the provisions specified in section 63 of the Immigration and Refugee Protection Regulations (IRPR). However, it is worth highlighting that if the holder of the Temporary Resident Permit (TRP) leaves Canada without obtaining prior authorisation to re-enter Canada, the Temporary Resident Permit (TRP) will no longer be valid.

Situations could arise where the Temporary Resident Permit (TRP) expires and the person does not apply for a new permit prior to the expiration. Such situations could lead to a break in continuity under the permit holder class. Thus, when determining the validity period, officers will need to ensure that:

• They issue the Temporary Resident Permit (TRP) only for the time required e.g. for one week to admit a person to attend a conference etc.
• They assess whether an ongoing and compelling need for the Temporary Resident Permit (TRP) exists and if so, weight that vis-à-vis the risks
• They consider whether any new grounds for inadmissibility have arisen since the issuance of the previous Temporary Resident Permit (TRP) (if applicable) and,
• They remain mindful of the fact that Temporary Resident Permit (TRP) holders could become eligible to apply for permanent resident status under the permit holder’s class after the specified spans of time

In some cases, the authorities might have authorised the Temporary Resident Permit (TRP) holder to work or study. In this scenario, the officers will need to ensure that the validity period of all the documents remains the same.

The authorities require officers to consult the Case Management Branch (CMB) in cases of serious criminality. In this scenario, the Case Management Branch (CMB) could recommend the length of the validity of the Temporary Resident Permit (TRP).

Note:

• In the view of the authorities, three years amounts to 1,095 days i.e. 365 days x 3
• As such, when calculating the expiration date of the Temporary Resident Permit (TRP), officers will need to add the intended length of the Temporary Resident Permit (TRP) from the current date and subtract one day
• However, an exception applies if the period in consideration includes leap years i.e. 2016, 2020 and 2024
• Leap years invariably feature 366 days
• As such, the officers will need to count the expiration date as the intended length of the Temporary Resident Permit (TRP) from the current date minus two days

The authorities require Temporary Resident Permit (TRP) holders to:

• Leave Canada prior to the expiration date specified on the Temporary Resident Permit (TRP) or upon the cancellation of the Temporary Resident Permit (TRP) by an officer
• Apply for a subsequent Temporary Resident Permit (TRP) prior to the expiry of their Temporary Resident Permit (TRP) in case they want to maintain their temporary resident status in Canada and,
• Apply for and obtain a counterfoil that enables them to return to Canada in case all the following stipulations apply in their circumstances:
  • They are from a country whose citizens require a Temporary Resident Visa (TRV) and,
  • They have the relevant authorisation for re-entering Canada

It is worth mentioning that Temporary Resident Permit (TRP) holders who do not comply with the provisions stipulated in the Immigration and Refugee Protection Regulations (IRPR) or the Immigration and Refugee Protection Act (IRPA) could well become subject to:

• The cancellation of their Temporary Resident Permit (TRP)
• An inadmissibility A44 (1) report and,
• A removal order

Similarly, Temporary Resident Permit (TRP) holders whose circumstances change could also be subject to the above-mentioned actions.

It is worth highlighting that Temporary Resident Permits (TRPs) are not usually valid for re-entry to Canada. However, the authorities permit officers to authorise this in exceptional circumstances. Officers will need to record the authorisation to re-enter Canada accurately in the Global Case Management System (GCMS). In addition, the Temporary Resident Permit (TRP) will need to specify ‘DEPARTURE FROM CANADA WILL NOT INVALIDATE THIS TEMPORARY RESIDENT PERMIT UNDER REGULATION R63 (b).’ For more details on the manner in which officers will need to record this information in the Global Case Management System (GCMS), officers will need to refer to the online help provided in the Global Case Management System (GCMS).

Besides this, officers will need to counsel Temporary Resident Permit (TRP) holders who have received the authorisation for re-entering Canada that:

• The Temporary Resident Permit (TRP) is not a travel document
• The Temporary Resident Permit (TRP) holders will need to be in possession of a valid travel document or passport in order to return to Canada
• The Temporary Resident Permit (TRP) holder might require a Temporary Resident Visa (TRV) counterfoil in order to travel to Canada – this is usually required in case the Temporary Resident Permit (TRP) holder is from a visa required country and,
• The Temporary Resident Permit (TRP) holder will always be subject to examination upon re-entering Canada and that the officers of the Canada Border Services Agency (CBSA) could refuse entry into Canada, even if the Temporary Resident Permit (TRP) authorises re-entry

Situations could arise where an officer of the Canada Border Services Agency (CBSA) comes across a Temporary Resident Permit (TRP) holder, who is in possession of a valid permit and is returning to Canada, but does not have the proper authorisation for returning to Canada. In this scenario, the officer will need to seize the permit and cancel it in the Global Case Management System (GCMS). This is because the permit is no longer valid. In addition, the officer will need to examine all the factors associated with the person at the time when the person is seeking to enter Canada. This is because the circumstances might have changed from the time of issuance of the previous Temporary Resident Permit (TRP). 

The authorities permit designated decision makers to cancel a Temporary Resident Permit (TRP) at any time in case the circumstances warrant it. This is in accordance with the provisions specified in subsection A24 (1) of the Immigration and Refugee Protection Act (IRPA). It is worth highlighting that the Temporary Resident Permit (TRP) is no longer valid when the permit holder leaves Canada unless the document expressly authorises re-entry to Canada. Once the permit expires or gets cancelled, the officers will direct the person to leave Canada. Otherwise, the officers could need to order the deportation of the person.

When the Authorities Consider the Temporary Resident Permit (TRP) to be Deemed Cancelled

As mentioned previously, the Temporary Resident Permit (TRP) will no longer remain valid once the Temporary Resident Permit (TRP) holder leaves Canada and does not have any authorisation for re-entering Canada. As such, when an officer examines an application and discovers that a Temporary Resident Permit (TRP) holder has left Canada, the officer will consider the Temporary Resident Permit (TRP) as deemed cancelled. 

Prior to making a final decision, the officers will need to consult the office that issued the Temporary Resident Permit (TRP). The officers will need to explain the change in circumstances of the applicant. To ensure procedural fairness, officers will need to notify the applicant in writing of the intention of the authorities to cancel the Temporary Resident Permit (TRP).

The letter will need to:

• State the reasons behind the decision to cancel the Temporary Resident Permit (TRP)
• Be delivered by hand or double registered mail for ensuring the acknowledgement of service
• Be copied to the person’s authorised representative (if any)
• Inform the person of the right to make written representations or discuss the decision in person with another officer and,
• Specify a reasonable span of time in which the person could make such representations

Officers have the authority to make the final decision to cancel the Temporary Resident Permit (TRP). This is regardless of whether they received any representations or not. In this scenario, the authorities require officers to send a letter informing the person of the cancellation of the Temporary Resident Permit (TRP). The letter will need to include the effective date of the Temporary Resident Permit (TRP) cancellation. In addition, it will need to instruct the person to leave Canada by a specified date – in most cases. Besides this, the letter will also state that the person could be subject to enforcement action in case the person does not leave Canada by the specified date. 

The authorities require officers to report people whose Temporary Resident Permits (TRPs) have expired or been cancelled under the provisions specified in A44 (1). This is especially so in case these individuals do not leave Canada by the date specified. As such, officers will need to carry out a review of all the factors applicable in the case. Thereafter, in case the officer decides to proceed with the preparation of an A44 (1) report, the officer will need to base this report on:

• The original grounds
• The new grounds of inadmissibility other than the ones on which the authorities had based the previous Temporary Resident Permit (TRP) issuance (if applicable) and,
• The fact that the person has overstayed the period for which the authorities had permitted them to enter or remain in Canada

Based on the circumstances that apply, a delegated decision maker could take additional enforcement action against the person. This action could typically include a removal order or a referral of the report to the Immigration Division (ID) for an admissibility hearing.

For more information on the procedures that officers will need to follow while writing reports, admissibility hearings and removal orders, officers will need to go through the details given in ENF 03, ENF 05 and ENF 06.

In some cases, it is possible that the person’s whereabouts might be unknown. In this scenario, the officers will need to refer the case to the Canada Border Services Agency (CBSA). Thereafter, the Canada Border Services Agency (CBSA) will need to:

• Undertake a thorough investigation for locating the person and,
• Issue a warrant for the arrest of a person reported under the provisions specified in A44 (1)

It is worth mentioning that officers of the Canada Border Services Agency (CBSA) will carry out the above-mentioned actions in case they believe that the person is in Canada and is out of status.

The Procedures for Designated Decision Makers – Negative Decisions

In cases where the applicants have submitted their requests and the appropriate fees, the designated decision maker will need to:

• Record the refusal decision in the Global Case Management System (GCMS)
• Inform the applicant of a negative decision in writing (for all inland cases) and,
• Follow up or monitor to ensure compliance – this will involve verifying the confirmation of departure or a check-out letter

The authorities require that the letter should communicate the following (as applicable):

• The duration and limitation of existing valid temporary status
• The reasons for the decision
• The requirements concerning voluntary departure and confirmation of departure
• The notice to appear for enquiry and information about the penalties for the failure to comply and,
• The mechanisms available for overcoming the inadmissibility

The Procedures for Designated Decision Makers – Positive Decisions for In-Canada Cases

In In-Canada cases, the designated decision maker will need to prepare a Temporary Resident Permit (TRP) by:

• Processing the application until finalisation in the Global Case Management System (GCMS)
• Entering all the relevant case notes
• Ensuring that the Temporary Resident Permit (TRP) has the appropriate validity dates
• Indicating whether or not the authorities will permit the individual to re-enter
• Preparing a Temporary Resident Permit (TRP) for each accompanying family member who requires a Temporary Resident Permit (TRP) and,
• Maintaining a ‘Bring Forward’ system for follow-ups

The Procedures for Designated Decision Makers – Positive Decisions for Overseas Cases

The authorities require the designated decision maker to authorise the issuance of the Temporary Resident Permit (TRP). Thereafter, the officers will need to:

• Generate the Temporary Resident Permit (TRP) in the Global Case Management System (GCMS)
  • In addition, the officers will need to issue a letter of introduction, which bears the Unique Client Identifier (UCI) of the applicant
  • The applicant will need to present this letter of introduction at the Port of Entry (POE) where the client will enter Canada
  • It is worth mentioning that the officers will need to ensure that they print the document number generated by the Global Case Management System (GCMS) at the top right-hand corner of the letter
  • The authorities do not require any letter of introduction for cases processed according to the Immigration Control manual chapter i.e. IC2 for national interest
• Inform the applicant to bring two passport-sized photographs for presentation at the Port of Entry (POE)
• Affix the visa counterfoil in the valid passport or travel document for foreign nationals who are subject to the Temporary Resident Visa (TRV) requirement
  • It is worth mentioning that the authorities no longer issue physical, secure facilitation counterfoils (refer to Appendix A) to visa exempt applicants when these individuals receive the approval for a Temporary Resident Visa (TRV)
  • Instead, the system will create an electronic facilitation counterfoil (eFoil) once the officers generate the Temporary Resident Permit (TRP) in the Global Case Management System (GCMS)
  • However, this process is not visible to the applicants
  • In addition, the authorities do not require applicants to print anything as a result of receiving an electronic facilitation counterfoil (eFoil)
  • It is worth mentioning that the authorities issue the electronic facilitation counterfoil (eFoil) to these applicants to ensure that the airport security permits them to embark on their flights, following airline verification of their passport and travel documents via the Canada Border Services Agency’s (CBSA’s) Interactive Advance Passenger Information system
  • At present, this system is available in air mode only
• Issue the facilitation travel documents for approved applicants for a single entry when the authorities have not given any authorisation for re-entering Canada and,
• Issue the facilitation travel documents for multiple entries to Temporary Resident Permit (TRP) holders with the authorisation for re-entering Canada and to people who have the approval for permits with re-entry privileges to Canada – unless otherwise stipulated in the Immigration Control manual chapter i.e. chapter IC2
  • It is worth mentioning that these documents will need to be valid for the same span of time as the passport or the Temporary Resident Permit (TRP) (if already issued) – whichever is shorter

Officers will also need to transfer the permanent resident files to the Case Processing Centre in Mississauga (CPC-M) for early admission cases. This would enable the officers to complete the process. In addition, it would enable the officers to explain to the applicant that Immigration, Refugees and Citizenship Canada (IRCC) will contact them upon receiving the visa office file.

The Procedures for Designated Decision Makers – Recording Prohibiting Sections (Inadmissibility)

The authorities require the designated decision makers to:

• Record the foreign national’s inadmissibility in the Global Case Management System (GCMS) – this is in accordance with the provisions specified in sections 34 to 42 of the Immigration and Refugee Protection Act (IRPA)
• Ensure that an inadmissibility under the provisions specified in section A41 (i.e. non-compliance) does not appear alone on the Temporary Resident Permit (TRP)
• Ensure that the part of the Immigration and Refugee Protection Act (IRPA) or the Immigration and Refugee Protection Regulations (IRPR) that the Temporary Resident Permit (TRP) holder cannot comply with or fulfill appears on the Temporary Resident Permit (TRP) as well
• For instance, consider that the provisions specified in subsection A11 (1) require every foreign national to apply to an officer for a visa or other documents required by the Immigration and Refugee Protection Regulations (IRPR), prior to entering Canada
  • On occasions, the authorities might permit these applicants to enter Canada without fulfilling this requirement
  • In such cases, the officers will need to record the following sequence as the inadmissibility: section A41 with section A11 (1)

The Procedures for Designated Decision Makers – The Type of Case Code

The authorities require that the type of case code recorded by the officers should be the same for all the members of a family. As such, the type of case code will remain the same even for the codes corresponding to inadmissibility on the grounds of health or criminality. It is worth mentioning that not all family members might have negative criminal or medical assessments. However, if even one of the family members has a negative criminal or medical assessment, the officers will need to ensure that the same type of case code appears on each family member’s Temporary Resident Permit (TRP).

It is worth highlighting that the type of case code is different from the prohibiting section code. On occasions, officers might code a family member as an inadmissible family member. However, the type of case code will need to be the same for all members of the family.

The Procedures for Designated Decision Makers – The Verification of Departure

The authorities might require the designated decision maker to provide a verification of departure in certain cases. This will typically depend on the prohibiting sections. In addition, it will depend on the instructions issued by the designated authority. Officers will need to use case type 96 in cases where the authorities require a verification of departure. In addition, they will need to issue a letter that instructs the Temporary Resident Permit (TRP) holder to report to an officer when leaving Canada. When an applicant reports a departure to the Canada Border Services Agency (CBSA), the officer will need to record the permit holder’s departure in the Global Case Management System (GCMS).

The Procedures for Designated Decision Makers – The Counselling of Applicants

The authorities require officers to counsel applicants, in writing or in person, that the applicants:

• Could apply for work or study permits where eligible if they wish to work or study in Canada
• Could apply for private health insurance, in case they are not eligible for provincial health insurance
• Could submit applications to the Central Processing Centre in Vegreville (CPC-V) for a subsequent Temporary Resident Permit (TRP) and,
• Will always remain subject to examination when they re-enter Canada and could be refused entry into Canada by the Canada Border Services Agency (CBSA), even if the Temporary Resident Permit (TRP) authorises a re-entry

Officers will also need to counsel applicants, in writing or in person, that the applicants will need to:

• Obtain a temporary resident counterfoil from a Canadian visa office abroad for returning to Canada in case they leave Canada and have the authorisation to re-enter
  • It is worth highlighting that this directive only applies if the applicants are subject to the Temporary Resident Visa (TRV) requirement
• Leave Canada before the Temporary Resident Permit (TRP) expires and,
• Confirm their departure from Canada and return the Temporary Resident Permit (TRP) to an officer of the Canada Border Services Agency (CBSA) when instructed to do so

Situations could arise where the officers issue Temporary Resident Permits (TRPs) to a family with one or more inadmissible members. In this scenario, the officers will need to consider:

• Issuing a separate Temporary Resident Permit (TRP) or a separate counterfoil to each individual family member
• Recording the inadmissibility sections that best describe the person on the Temporary Resident Permit (TRP)
• Being mindful of the fact that a person requiring a Temporary Resident Permit (TRP) because one family member is inadmissible has been described by the provisions specified in section A42
• Ensuring that the type of case code is the same for all members of the family, even if the family members are inadmissible under different sections
  • For instance, if one family member is inadmissible on criminal or health grounds, officers will need to ensure that that type of case code appears on everyone’s Temporary Resident Permits (TRPs)
• Informing all family members to whom the authorities have issued a Temporary Resident Permit (TRP) for the require time span that these individuals will become eligible for applying for permanent residence in the permit holder class

The Summary

It is worth mentioning that Citizenship and Immigration Canada (CIC) will no longer issue a counterfoil to applicants approved for permanent residence from visa exempt countries. As such, the officers will continue to issue a Confirmation of Permanent Residence (COPR) document to all approved applicants.

The Background

At present, the authorities issue a counterfoil and a seal in the passport to all applicants approved for permanent residence in the passport that these individuals are using for their initial travel to Canada to become permanent residents. This applies to applicants approved for permanent residence even from countries exempt from the Temporary Resident Visa (TRV) requirement.

The Instructions

With effect from December 01, 2011, the missions ceased to issue a counterfoil to applicants approved for permanent residence. This was especially so in case the ‘CNTRY OF ISS. OF TRAVEL DOC.’ Field on the Confirmation of Permanent Residence (COPR) document identified a regular passport issued by the United States of America or a country specified in the sections 190 (1) (a), 190 (1) (b), 190 (2) (b), 190 (2) (c), 190 (2) (d), 190 (2) (e), 190 (2) (f) or 190 (2.1) of the Immigration and Refugee Protection Regulations (IRPR).

The authorities permit officers to use their discretion in determining whether it is necessary for them to see the original passport or whether a photocopy of all the passport pages is sufficient. It is worth mentioning that a photocopy of only the bio-date page is not acceptable. This is because the authorities might have made notations on other pages that pertain to the individual’s name, marital status or other relevant information. This change in procedure does not remove the requirement that the staff will need to record the passport information of the approved applicant in the Global Case Management System (GCMS) or the Computer Assisted Immigration Processing System (CAIPS). In addition, officers will need to be mindful of the fact that line 33 on the Confirmation of Permanent Residence (COPR) document continues to reflect the date by which an approved permanent resident applicant will need to enter Canada.

The authorities have informed the Border Services Officers (BSOs) of the Canada Border Services Agency (CBSA) and the Liaison Officer network in Canada and abroad of this change. The authorities have produced a communique for the transportation companies as well. As such, the Border Services Officers (BSOs) of the Canada Border Services Agency (CBSA) will need to continue to evaluate individuals at the Primary Inspection Line. Thereafter, they will need to determine which people are immigrating to Canada and refer those new immigrants to Immigration Secondary for the finalisation of their permanent resident status.

In some cases, the authorities might not have finalised the new immigrant at the Port of Entry (POE) as required. In this scenario, the staff will need to advise the individual to contact the Call Centre of Citizenship and Immigration Canada (CIC) at 1 888 242 2100 for options to correct their status in Canada. The Call Centre staff will need to continue to follow their current procedures when immigrants who require finalisation of their permanent resident status get in touch with them.

The Procedures Related to Systems

The users of the Global Case Management System (GCMS) have the ability to indicate whether they need to print a counterfoil for approved permanent resident applicants. For more information on how these users will be able to flag the need for a counterfoil, these users will need to refer to the online help given in the Global Case Management System (GCMS). In addition, they could refer to the Global Case Management System (GCMS) release notes of July 2011 (given in section 5.4) for setting up a default as well.

Users of Computer Assisted Immigration Processing System (CAIPS) will need to incorporate a workaround to their existing process in order to avoid printing a counterfoil. As such, officers will need to print the counterfoil on regular paper. Thereafter, they would need to proceed to confirming the printing in the Computer Assisted Immigration Processing System (CAIPS) print. This is exactly the same process that they continue to follow even to this day. 

The table that follows depicts the fees payable for applications received at the Case Processing Centre in Sydney (CPC-S) on or after January 01, 2015. It is worth mentioning that the authorities will refund the Right of Citizenship Fee in case the applicant does not require citizenship.

Permanent Residence (R295) – For Family Class or Spouse and Common-Law Partner in Canada Class (SCLPC)

• In accordance with the provisions specified in R304 (1), the sponsorship fee will be $75
  • The sponsorship fee will always be $75
  • The client will need to pay the sponsorship fee per application
  • The sponsorship fee is lower for the principal applicant solely because of the sponsorship fee
  • The authorities will not refund the sponsorship fee in case they find sponsor ineligible to sponsor
• The principal applicant will need to pay $475 in case the principal applicant is a:
  • Spouse, common-law partner or a conjugal partner
  • Mother, father, grandmother or grandfather
  • Dependent child of the sponsor who is 19 years of age or older or who is married or in a common-law or conjugal relationship – regardless of age
• The principal applicant will need to pay $75 in case the principal applicant is:
  • Under 19 years of age
  • A dependent child of the sponsor (orphan or child to be adopted)
  • Not a spouse, common-law partner or conjugal partner
• The family member of the principal applicant will need to pay $550 in case the family member of the principal applicant is:
  • At least 19 years of age or older or,
  • Under 19 years of age and a spouse or common-law partner
• The family member of the principal applicant will need to pay $150 in case the family member of the principal applicant is:
  • Under 19 years of age and,
  • Not a spouse or a common-law partner

• The principal applicant will need to pay $1,050
• The family member of the principal applicant will need to pay $550 in case the family member of the principal applicant is:
  • At least 19 years of age or older or,
  • Under 19 years of age and a spouse or common-law partner
• The family member of the principal applicant will need to pay $150 in case the family member of the principal applicant is:
  • At least 19 years of age or older or,
  • Under 19 years of age and a spouse or common-law partner

Note:

• Situations could arise where a dependent child has a spouse or a common-law partner
• In this scenario, the applicant will not be able to include this spouse on the application
• This is because the officers will only process family members on this application
• Thus, the client will need to sponsor the spouse of the dependent child later through the family class

• In accordance with the provisions specified in R302, an application by a person as a member of the permit holders class to remain in Canada as a permanent resident will cost $325

Other Classes

This section includes:

• Live-in caregivers
• Humanitarian and Compassionate (H&C) considerations
• Skilled workers – including provincial nominees, Canadian Experience Class (CEC) and,
• Protected persons in Canada i.e. Convention refugees and positive Pre-Removal Risk Assessment (PRRA)

• In accordance with the provisions specified in R307 for Humanitarian and Compassionate (H&C) considerations, the principal applicant will need to pay $550
• The family member of the principal applicant will need to pay $550 in case the family member of the principal applicant is:
  • At least 19 years of age or older or,
  • Under 19 years of age and a spouse or common-law partner
• The family member of the principal applicant will need to pay $150 in case the family member of the principal applicant is:
  • Under 19 years of age and,
  • Not a spouse or a common-law partner

Note:

• In the case of protected persons outside of Canada, it is worth highlighting that people in the Convention refugee abroad class remain exempt from having to pay the processing fees
  • This also applies to people in the Convention refugee abroad class – including source country and the country of asylum
  • This is in accordance with the provisions specified in R295 (2) (a)
• In the case of protected temporary residents in Canada and the family members included in their applications, it is worth highlighting that these individuals are exempt from the processing fees
  • This is in accordance with the provisions specified in R301 (1.1)

• It is worth mentioning that all applicants in any immigration class will need to pay the Right of Permanent Residence Fee (RPRF) of $490
• The following individuals however, remain exempt from having to pay the Right of Permanent Residence Fee (RPRF):
  • Protected persons who apply for permanent residence in any class and the family members included in their application
    • This also includes Convention refugees
  • Members of the protected temporary resident class and the family members included in their application
  • Dependent children, regardless of age, of a sponsor or a principal applicant
  • Dependent children of dependent children of a sponsor or a principal applicant and,
  • A child to be adopted, an orphaned brother, sister, niece, nephew or grandchild

The authorities require Humanitarian and Compassionate (H&C) principal applicants, regardless of their ages, to pay the Right of Permanent Residence Fee (RPRF). However, the following individuals will remain exempt from having to pay the Right of Permanent Residence Fee (RPRF):

• Protected persons and their family members and,
• Principal applicants who are dependent children of Canadian citizens or permanent residents

Note:

• It is worth mentioning that a dependent child will typically include the adopted child of the parent
• Thus, the child will not need to pay the Right of Permanent Residence Fee (RPRF)
• This is in accordance with the provisions specified in R303

• Applicants seeking a Temporary Resident Visa (TRV) – regardless of single or multiple entry will need to pay $100
  • This is in accordance with the provisions specified in R296 (1)
  • The provisions specified in R297 (1) and R296 (2) list the exceptions that apply
  • Applicants for the Parent and Grandparent Extended Stay Temporary Resident Visa (Super Visa) who submit their applications at the Case Processing Centre in Vegreville (CPC-V) will also need to pay $100
  • Temporary Resident Visa (TRV) exempt nationals who apply at visa offices will not need to pay any fee
• In accordance with the provisions specified in R297 (2), the maximum family rate payable for a Temporary Resident Visa (TRV) is $500
  • For work permits, the clients will need to pay $155
  • Officers will need to refer to the provisions specified in R299 (1) and R299 (2) for the applicable exceptions
  • Officers will also need to refer to the section titled ‘The In-Canada Refugee Claimant – The Fees Chart for Work and Study Permits’ that appears subsequently in this document
• In accordance with the provisions specified in R299 (3), the maximum rate payable for a work permit for a group of three of more performing artists and their staff is $465
• Open work permit holders will need to pay $100
• The fee for employer compliance is $230
• The maximum fee for employer compliance is $690
• For study permits, the clients will need to pay $150
  • Officers will need to refer to the provisions specified in R300 (1) and R300 (2) for the applicable exceptions
  • Officers will also need to refer to the section titled ‘The In-Canada Refugee Claimant – The Fees Chart for Work and Study Permits’ that appears subsequently in this document
• Applicants will need to pay a fee of $200 for a Temporary Resident Permit (TRP)
  • The same fee applies for Temporary Resident Permit (TRP) extensions as well
  • Officers will need to refer to the provisions specified in R298 (1) and R298 (2) for the applicable exceptions
• The fees for the extension of authorisation to remain in Canada as a temporary resident or visitor is $100
  • Officers will need to refer to the provisions specified in R305 (1) and R305 (2) for the applicable exceptions
• In accordance with the provisions specified in R306 (1), the fee for the restoration of temporary resident status is $200
  • It is worth highlighting that restoration does not apply to holders of expired Temporary Resident Permits (TRPs)

Note:

• People who apply at the same time and place for a work permit or a study permit do not need to pay the fee for a Temporary Resident Visa (TRV)
• This does not apply to a group of performing artists and their staff
• This is in accordance with the provisions specified in R296 (2) (d)
• To be eligible for the employer compliance maximum fee, the employer will need to make offers of employment to a group of three or more foreign nationals, comprising performing artists and their staff at the same time

Other Services

• In accordance with the provisions specified in R308, the fee for a Permanent Resident Card (PRC) [in-Canada only] is $50
• In accordance with the provisions specified in R315, the fee for a travel document (overseas only) is $50
  • It is worth mentioning that clients will need to obtain the travel document at a mission
  • The authorities typically issue travel documents to permanent residents who need to travel to Canada and are not in possession of Permanent Resident Cards (PRCs)
  • This is in accordance with the provisions specified in A31 (3)
• In accordance with the provisions specified in R311, the fee for the certification and replacement of an immigration document is $30
  • It is worth highlighting that the fee to replace a Permanent Resident Card (PRC) is $50
• In accordance with the provisions specified in R311 (3), the fee for the verification of status is $30
• In accordance with the provisions specified in R310, the fee for the authorisation to return to Canada is $400
• In accordance with the provisions specified in R309 (a), the fee for the rehabilitation of serious criminality is $1,000
• In accordance with the provisions specified in R309 (b), the fee for the rehabilitation of criminality is $200
• The removal cost i.e. the repayment for removal to the USA or to Saint Pierre and Miquelon is $750
• The removal cost i.e. the repayment for removal to any other destination is $1,500

Note:

• It is worth highlighting that the Handling of Public Monies (HPM) does not apply to:
  • Visa offices
  • Local Canada Immigration Centres (CICs) or,
  • Citizenship applications from abroad

The table that follows lists the applicable fees for work and study permits.

Officers have the ability to issue a Temporary Resident Permit (TRP) to foreign nationals who, in the opinion of the officers, are inadmissible or do not meet the requirements specified in A24 (1) of the Immigration and Refugee Protection Act (IRPA).

Officers will always need to issue the Temporary Resident Permit (TRP) at the discretion of the delegated authority. As such, the delegated authority has the power to the cancel the Temporary Resident Permit (TRP) at any time. The delegated authority has the responsibility of determining whether:

• The need for the foreign national to enter or remain in Canada is compelling and,
• The need for the foreign national’s presence in Canada outweighs any risk to Canadians or Canadian society

In the view of the authorities, a person is not eligible for a Temporary Resident Permit (TRP) if less than 12 months have passed since the authorities last rejected their claim for refugee protection. Similarly, a person is not eligible for a Temporary Resident Permit (TRP) if less than 12 months have passed since the authorities determine the application as having been withdrawn or abandoned as described by the provisions specified in subsection A24 (4).

It is worth highlighting the sole exception that applies here. The one-year ban on accessing a Temporary Resident Permit (TRP) under the provisions specified in subsection A24 (4) does not bar an officer, on the officer’s initiative, from considering a Temporary Resident Permit (TRP) for a victim of human trafficking.

The Guidelines for Evaluating Compelling Reasons Vs. Risks

The authorities require officers to consider the factors that make the person’s presence in Canada necessary. In addition, they require officers to be mindful of the intent of the legislation to maintain program integrity and to protect public health and safety.

Economic Interest to Canada: It is worth mentioning that an urgent need for the foreign national’s presence in Canada should normally relate to economic or employment security of Canadian citizens or permanent residents. As such, the officer will need to confirm such a need with appropriate officials of the national employment service or the provincial government. Officers will need to establish the bona fides of the individual as well as of the employer or business proposal. Lastly, officers will need to establish the urgency of the case prior to making a decision of issuing the Temporary Resident Permit (TRP).

It is worth highlighting that the Minister has authorised only certain officers for determining whether the reasons or benefits for an individual to enter or remain in Canada outweigh the risks, which will typically result in the issuance of the Temporary Resident Permit (TRP). The general principle is that the applicant will only be able to overcome serious inadmissibility based on the decision taken by a senior officer.

The General Factors to Consider

The authorities require officers to consider certain general factors. These include:

• Being mindful of the fact that the issuance of the Temporary Resident Permit (TRP) confers Temporary Resident (TR) status on the holder, in accordance with the provisions specified in A24
• Issuing a Temporary Resident Permit (TRP) only in special circumstances and that too, after carefully considering all the assessment factors before granting an initial Temporary Resident Permit (TRP) or issuing a subsequent Temporary Resident Permit (TRP)
• Being aware of the fact that a Temporary Resident Permit (TRP) can carry privileges greater than those accorded to other visitors, students and workers with temporary resident status
  • For instance, when officers issue a Temporary Resident Permit (TRP) to a foreign national for a validity period of at least six months, these foreign nationals will be able to apply in Canada for a work or study permit and could thus, also receive access to health or other social services
• Considering alternatives before they issue a Temporary Resident Permit (TRP) such as rehabilitation, as there is no discretion involved in granting permanent residence to people who meet the requirements of the permit holder class
• Being aware that in accordance with the provisions specified in paragraph 65 (b) (i) of the Immigration and Refugee Protection Regulations (IRPR), Temporary Resident Permit (TRP) holders with medical inadmissibility (based on the provisions specified in A38 (1)) are eligible for permanent residence after three continuous years in Canada
• Being aware that under the provisions specified in paragraph 65 (b) (i) of the Immigration and Refugee Protection Regulations (IRPR), Temporary Resident Permit (TRP) holders who are inadmissible under the provisions specified in paragraph A42 (1) (a) on the grounds of an accompanying family member who is inadmissible under the provisions specified in subsection A38 (1) or paragraph A42 (1) (a) are eligible for permanent residence after three continuous years in Canada
• Being aware that under the provisions specified in paragraph 65 (b) (i) of the Immigration and Refugee Protection Regulations (IRPR), Temporary Resident Permit (TRP) holders with inadmissibilities other than security (A34), violation of human or international rights (A35), serious criminality (A36 (1)) and organised criminality (A37) are eligible for permanent residence after five years of continuous residence in Canada
• Being cognisant of the fact that before issuing subsequent Temporary Resident Permits (TRPs), in case the foreign national’s situation has undergone a change, the officers will need to reassess all the factors and determine the best course of action – including rehabilitation or a record of suspension
  • This is necessary before the Temporary Resident Permit (TRP) holder becomes eligible for permanent residence under the permit holder class

The authorities require officers to avoid issuing a Temporary Resident Permit (TRP) in the absence of compelling need. This directive applies even if the inadmissibility and the risks are minor. The examples that follow are classic examples of situations where officers should avoid issuing a Temporary Resident Permit (TRP). Officers will need to avoid issuing a Temporary Resident Permit (TRP):

• For reasons of administrative convenience
  • This is because only compelling reasons justifying the presence of a foreign national in Canada should serve as a guide to the decision maker
• In cases where other legal or regulatory mechanisms are accessible
  • Examples of accessible legal or regulatory mechanisms include the restoration of status or rehabilitation provisions
• For people under a removal order without conducting prior consultations with the Canada Border Services Agency (CBSA) or the Case Management Branch (CMB)
• In cases where the presence of a foreign national in Canada would contravene the objectives of the law
  • This is especially so in cases where the presence of the foreign national in Canada would contravene the objectives of the laws intended to protect the health and security of Canadians and to promote international justice and security

Note:

• It is worth mentioning that officers cannot restore the Temporary Resident (TR) status of a Temporary Resident Permit (TRP) holder under the provisions specified in section R182
• Situations could arise where officers report a student, worker or visitor with valid Temporary Resident (TR) status under the provisions specified in subsection A44 (1) but the authorities make a decision not to hold an admissibility hearing or issue a removal order
  • In this scenario, the foreign national continues to remain a Temporary Resident (TR)
  • Thus, the officers will not need to issue a Temporary Resident Permit (TRP)
  • For more information on making a decision to write a subsection A44 (1) report, officers will need to go through section 8 of ENF 05

The Risk Assessment Factors

Prior to issuing a Temporary Resident Permit (TRP), officers will need to consider whether the situation warrants it. For this, they will need to assess each application on a case-by-case basis. In addition, they will need to consider the risk assessment factors such as:

• The History
  • Is there a pattern of non-compliance with the Immigration and Refugee Protection Regulations (IRPR) or the Immigration and Refugee Protection Act (IRPA) – the patterns of non-compliance find mention in the provisions specified in A41
  • Is the violation inadvertent and accident or is it the result of careless of flagrant disregard for the law
• The Credibility
  • Officers will need to assess the credibility of the foreign national during the interview
  • In particular, they will need to weigh the facts in a fair and impartial manner, while considering both positive and negative elements
  • Officers will need to determine the facts that are of the most importance, the evidence that is the most persuasive and the argument that is the most compelling or convincing
  • Thereafter, the officers will need to explain why they felt this way about the facts, the evidence and the arguments pertaining to the case
• The Previous Removal
  • Has the foreign national overcome or diminished the original grounds that led to removal
  • Are there any statutory bars remaining against the person, other than the removal order
• The Controversy
  • Are there any high profile, complex or sensitive elements to the case that warrant referral or consultation with the Case Management Branch (CMB)
• Social Assistance
  • Is there a possibility that the foreign national intends to be become a permanent resident
  • In case the foreign national intends to become a permanent resident, is there any risk that the person will need social assistance

The considerations and examples that follow are not exhaustive. But, they serve to illustrate the scope and the spirit in which officers will need to apply discretion when it comes to issuing a Temporary Resident Permit (TRP). Officers will typically need to consider:

• The reason for the person’s presence in Canada and the factors that make their presence in Canada necessary
  • These factors could typically include aspects like family ties, job qualifications, economic contribution, attendance at an event etc.
• The intention of the legislation
  • This could comprise the objectives of protecting public health or the health care system
• The type or class of application and family composition – both in the home country as well as in Canada
• The aspect of the medical treatment being reasonably available in Canada or elsewhere and the anticipated effectiveness of the treatment in case the situation involves a medical treatment
  • In this scenario, officers will need to consider the comments on the relative costs and accessibility
• The benefits to the person concerned as well as to other and,
• The identity of the sponsor, host or employer

The Guidelines in Case the Person Raises Refugee Protection Related Risks Based on the Provisions Specified in Section A96 or Section A97

Situations could arise where officers find that the authorities have already given a final determination to the foreign national on a refugee claim or a Pre-Removal Risk Assessment (PRRA). In this scenario, the officer will need to assess the Temporary Resident Permit (TRP) without considering any risks identified by the foreign national, that find mention in the provisions specified in section A96 or section A97. This is because the authorities will have already considered these risks in their final determination.

The officer will need to advise the client that the officer did not assess the client’s risk because the authorities had already assessed this through the client’s refugee claim and / or Pre-Removal Risk Assessment (PRRA) application. If necessary, the officer will need to inform the client that the client could consider applying for a subsequent Pre-Removal Risk Assessment (PRRA) or for permanent residence. This is especially so in case the client is a protected person.

If an applicant has not had a refugee claim or a Pre-Removal Risk Assessment (PRRA) application, the officer will need to assess the Temporary Resident Permit (TRP) without considering any risks identified by the foreign national that find mention in the provisions specified in section A96 or section A97. In addition, the officer could advise the client that the client could have the authorities assess this risk through the refugee claim process.

According to section A96 of the Immigration and Refugee Protection Act (IRPA), a Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion:

• Is outside each of their countries of nationality and is unable or, by reasons of that fear, unwilling to avail themselves of the protection of each of those countries or,
• By virtue of not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country

Similarly, according to section A97 of the Immigration and Refugee Protection Act (IRPA), a person in need of protection refers to a person in Canada, whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally:

• To a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture or,
• To a risk of their life or to a risk of cruel and unusual treatment or punishment, if:
  • The person is unable or, because of that risk, unwilling to avail themselves of the protection of that country
  • The risk that that person faces in each part of that country is not faced by other individuals from or in that country
  • The risk is not inherent or incidental to lawful sanctions unless imposed in disregard of accepted international standards and,
  • The risk is not caused by the inability of that country to provide adequate health or medical care

In addition, a person in Canada who is a member of a class of persons prescribed by the Regulations as being in need of protection is a person in need of protection as well.

The Fee Exemption for Certain Temporary Resident Permits (TRPs)

Prior to issuing the Temporary Resident Permit (TRP), the officers will need to:

• Check the prescribed immigration systems, such as the Global Case Management System (GCMS) for ensuring that the authorities have not already granted the one-time fee exempt Temporary Resident Permit (TRP)
• Inform the foreign national that:
  • The foreign national is inadmissible to Canada
  • The authorities are facilitating the foreign national by issuing a one-time only fee exempt Temporary Resident Permit (TRP)
  • The authorities typically issue a Temporary Resident Permit (TRP) only in exceptional circumstances and,
  • The foreign national will need to go to a mission outside Canada to either apply for another Temporary Resident Permit (TRP) if they wish to return to Canada in the future or to apply for individual rehabilitation in case they meet the requirements to do so 

One of the objectives of Citizenship and Immigration Canada (CIC) is to continue to promote the issuance of long-term Multiple Entry Visas (MEVs). This will be useful for facilitating the entry into Canada for legitimate travellers. The authorities expect that all applicants who are eligible for a Multiple Entry Visa (MEV) will benefit from this move and receive a Multiple Entry Visa (MEV). This also applies to applicants who select Single Entry Visa (SEV) on their application forms.

It is worth mentioning that not all applicants will be eligible for a Multiple Entry Visa (MEV). As such, the decision to issue a Multiple Entry Visa (MEV) remains at the discretion of an officer of Citizenship and Immigration Canada (CIC). In some cases, the officers could issue a Single Entry Visa (SEV) such as in cases where:

• An applicant is eligible for a fee exemption and where the purpose of entry to Canada is limited e.g. for an official visit by a foreign national
• An applicant is participating in a one-time special event in Canada e.g. the Pan-American Games or,
• Citizenship and Immigration Canada (CIC) – National Headquarters (NHQ) has put in place and approved country specific procedures or guidelines

Situations could arise where an officer decides to issue a Single Entry Visa (SEV). In this scenario, the officers will need to enter the reasons for doing so in the case notes. The authorities require officers to be aware that the issuance of a Multiple Entry Visa (MEV) is currently the standard. Thus, any issuance of a Single Entry Visa (SEV) will require an explanation. For more details on this, refer to the section titled ‘The General Guidelines for Note Taking’ that appears subsequently in this document.

Note:

• The authorities plan to make the relevant updates to section 12 of chapter 11 of the Overseas Processing Manual i.e. OP 11 to reflect the updated guidelines

The submission of electronic applications and payments takes place simultaneously. As such, officers will need to inform clients at the end of the MyCIC process of the correct processing fees that the clients will need to pay.

Note:

• Situations could arise where applicants began the application process and did not complete it prior to February 06, 2014 (0001 hrs EST)
• In this scenario, the system would typically quote the former processing fee to these clients
• If these clients submit their final application on or after February 06, 2014 (0001 hrs EST), the system will prompt them to pay the new processing fee in their MyCIC accounts

The process that applies to paper applications submitted to a visa office or a Visa Application Centre (VAC) is as follows:

• Officers will need to process all completed applications received at a visa office or a Visa Application Centre (VAC) prior to February 06, 2014 (0001 hrs EST) using the former processing fees
  • In addition, the officers will not need to refund the difference of $50 between the former and the new fees for Multiple Entry Visa (MEV) applications received prior to February 06, 2014 (0001 hrs EST)
• Officers will need to process complete applications postmarked prior to February 06, 2014 (0001 hrs EST) but received at a visa office or a Visa Application Centre (VAC) on or after February 05, 2014 (0001 hrs EST) using the former processing fees
• Officers will need to ensure that applicants pay the new processing fees on all other completed applications received at a visa office or a Visa Application Centre (VAC) and postmarked on or after February 06, 2014 (0001 hrs EST)
  • Situations could arise where officers come across applications with insufficient fees
  • In this scenario, officers will need to return applications with insufficient fees to clients as incomplete
  • This directive applies even if the proof of payment bears a date prior to February 06, 2014
  • The authorities offer clients the option of either resubmitting their applications with the correct fees or applying for a refund of the incorrect fees
• Officers will need to accept applications having a proof of payment for the former Multiple Entry Visa (MEV) fees dated prior to February 06, 2014 (0001 hrs EST), but which the officers otherwise deem as being complete and received by a visa office or a Visa Application Centre (VAC) on or after February 06, 2014 (0001 hrs EST) for processing
  • The visa office will typically process the application completion
  • In addition, it will initiate a refund process for the $50 Multiple Entry Visa (MEV) fee difference based on regular procedures

The process that applies to paper applications submitted to a Case Processing Centre (CPC) is as follows:

• Officers will need to process completed applications received at a Case Processing Centre (CPC) prior to February 06, 2014 (0001 hrs EST) using the former processing fees
• Officers will need to process completed applications postmarked prior to February 06, 2014 (0001 hrs EST) but received at a Case Processing Centre (CPC) on or after February 06, 2014 (0001 hrs EST) using the former processing fees
• All other complete applications postmarked or received at a Case Processing Centre (CPC) on or after February 06, 2014 (0001 hrs EST) will remain subject to the new processing fees
  • This directive applies even if the proof of payment bears a date prior to February 06, 2014 (0001 hrs EST)
  • Officers will need to return applications with insufficient fees to the applicant as incomplete
    • The Case Processing Centre (CPC) will need to notify such applicants of the reasons for the return of the application, so that the applicants can resubmit a new application with the corresponding new fees
    • Situations could arise where some applicants might lose their implied status
    • If the applicants lose their implied status, they will lose the related benefits of being able to continue working with the same employer and / or studying as well
    • In this scenario, these applicants will need to apply and pay the fee of $200 for the restoration of status

Note:

• Citizenship and Immigration Canada (CIC) continues to recommend that applicants seeking the renewal of their status inside Canada apply at least 30 days prior to the expiration of their current status
• The authorities have placed the onus on the applicant to ensure that they maintain their immigration status in Canada
• To maintain their immigration status in Canada, applicants will need to complete any immigration application they submit and pay the appropriate processing fees

It is worth highlighting that applicants applying for Temporary Resident (TR) documents at the Port of Entry (POE) will be subject to the fee increases with effect from February 06, 2014 (0001 hrs EST).

The authorities are cognisant of the fact that these fee changes will affect their information technology systems. To streamline things, the authorities have modified their information technology systems to reflect the revised fee structure. Thus, the authorities have made the necessary modifications to:

• MyCIC
• The Global Case Management System (GCMS)
• The Come to Canada wizard for online applications and,
• The online payment system i.e. ePayment

All the necessary changes will come into effect on the above-mentioned systems with effect from February 06, 2014 (0001 hrs EST).

What Considerations Would Officers Need to Account for When They Assess Authorisation to Return to Canada (ARC) Applications?

Officers of Immigration, Refugees and Citizenship Canada (IRCC) will typically need to assess A34, A35 and A37 applications. While doing so, they will need to consult the National Security Division of the Canada Border Services Agency (CBSA).

Situations could arise where the officers find that an applicant is inadmissible on grounds other than those cited in the previous removal order i.e. medical, criminality, security etc. In this scenario, the applicants will need to apply for and obtain a Temporary Resident Permit (TRP). In cases of criminal inadmissibility, the applicant will need to obtain a rehabilitation decision (where the authorities deem the applicant to have been rehabilitated) or a pardon (a foreign pardon or one issued by the National Parole Board) as well. However, it is worth highlighting that a Temporary Resident Permit (TRP) will not overcome the need for an Authorisation to Return to Canada (ARC).

The authorities can grant an Authorisation to Return to Canada (ARC) for return to Canada as a permanent resident, for a one-time visit or for occasional entries for a specified purpose e.g. medical treatments, work-related activities etc. over a prescribed span of time.

In some cases, officers might find that some applicants require an Authorisation to Return to Canada (ARC) but have no submitted the relevant fees. In this scenario, the officers will need to send letters explaining the requirement for an Authorisation to Return to Canada (ARC). If the applicants do not respond within 90 days, the officers could refuse the application. This is in accordance with the provisions specified in section A41 and subsection A52 (1). Appendix G contains a sample letter that officers could use in such cases.

Situations could arise where the Department has defrayed the expenses of multiple removals. In this scenario, the Department will need to recover the entire amount of removal-related expenses. The cost recovery fee applies to each application.

The authorities permit people who have rights of appeal before the Immigration Appeal Division (IAD) to appeal a negative Authorisation to Return to Canada (ARC) decision to the Immigration Appeal Division (IAD). This is in accordance with the provisions specified in section A63.

There is currently no provision that permits members of the permit holder class to include family members on their applications for permanent residence. As such, there is no involvement of visa offices in the processing of such family members.

At the time of their original entry into Canada, members of the permit holder class are inadmissible under any of the grounds for inadmissibility described in the provisions of A33 to A43, barring A34, A35, A36 (1) and A37 (1). As such, their family members are also inadmissible on the grounds of being accompanying family members of a foreign national who is inadmissible or having an accompanying family member who is inadmissible.

As a result, accompanying family members will need their own permits for entering Canada. In order for the authorities to consider these individuals for permanent residence, such individuals will need to submit their own applications under the permit holder class as principal applicants (PAs).

Once a member of the permit holder class has attained permanent resident status, this individual will be able to sponsor family members living abroad who are eligible for membership in the family class.

For more details, officers will need to refer to sections 5.18 and 5.19 of OP 20 and sections 5.18, 5.19 and section 21 (in its entirety) of IP 01.

Concurrent processing applies to this class.

This section refers to family members of protected persons to whom officers have issued a Temporary Resident Permit (TRP) to proceed to Canada on an emergency basis because they are at risk. Thereafter, the officers will process people having Temporary Resident Permits (TRPs) to proceed to Canada as protected temporary residents in the protected temporary residents class. In addition, the Case Processing Centre in Vegreville (CPC-V) will code these individuals as PTR. This denotes that the officers will process the family members of these people living abroad in:

• The same way as family members of protected persons i.e. DR2 family members if the authorities are aware of their whereabouts (refer to the section titled ‘The Procedures Pertaining to Family Members of Protected Persons i.e. DR2s’ i.e. section 10 of OP 24 or,
• The manner of One-Year Window of Opportunity (OYW) applicants, in case their whereabouts are unknown
  • It is worth mentioning that the one-year period will commence as soon as the authorities confer refugee protection on the principal applicant (PA)
  • This is in accordance with the provisions specified in R141 (1) (b)

The visa office will need to use a Computer Assisted Immigration Processing System (CAIPS) coding of PTR, as in Canada. This will apply unless the visa office had already opened a file for the protected person and their family members in another existing category before the principal applicant (PA) proceeded to Canada on a Temporary Resident Permit (TRP).

Note:

• It is worth highlighting that protected temporary residents are not the same as members of the permit holder class
• For more details on this, refer to the section titled ‘The Procedures Pertaining to the Family Members of Temporary Resident Permit (TRP) Holders’ that appears subsequently in this document i.e. section 14 of OP 24

The authorities require that case notes reflect the fact that the officers have considered the totality of the evidence.

The authorities require that the Global Case Management System (GCMS) notes represent a complete record of all the action that officers have taken in a particular case. To the greatest extent possible, officers will need to ensure that there is no information that appears only on the paper file. Thus, any notes that appear in the Global Case Management System (GCMS) will need to be accurate. In addition, these notes will need to be consistent with everything that appears in the paper file. Lastly, the notes entered in the Global Case Management System (GCMS) should not undermine or contradict the written decision.

The authorities permit officers to use point form in most cases. However, on occasions, it might be necessary for the officers to prepare more detailed notes. Some examples of situations that might require more complete notes include cases that feature:

• Strong reactions by the applicant at the interview
• Interference from others present at the interview and,
• Issues that are crucial to the decision, which the officers consider particularly important

The General Guideline for Note Taking During the Case Assessment and Decision-Making Process

Officers will need to follow the guidelines given below for note taking during the case assessment and the decision-making process. Officers will need to:

• Be clear and concise
  • This will involve using common language and avoiding jargon
  • This will involve using complete words and,
  • This will involve avoiding extraneous comments
• Be objective
  • This will involve recoding the facts
  • This will involve avoiding the recording of opinions or the interpretations of the facts
• Organise notes with explanatory headings so that the readers can follow the case history easily
  • The examples of explanatory headings include:
    • Paper file review
    • Representation
    • Interview
    • Pending or outstanding information and,
    • Decision
• Record notes at the first available opportunity
  • This will involve recording notes after any interaction with the client (whether by phone or in person) to ensure that the notes are both clear and accurate
  • This will involve doing revisions as soon as possible (when required)
• Record the interview
  • This will involve specifying the start and finish times
  • This will involve indicating the people present at the interview
  • This will involve including the name of the interpreter and their relationship to the applicant, along with the language of interpretation and the instructions given to the interpreter (in cases where an interpreter was present at the interview)
  • This will involve making clear which person said what during the interview
  • This will involve pointing out the tone of the interview – including indicating whether the applicant was angry or upset)
  • This will involve recording whether the interviewing officer left the office during the interview and providing the appropriate explanation
• Ensure that the notes are complete
  • This will involve ensuring that the notes include a summary of the communication and correspondence
  • This will involve ensuring that the notes contain the contents of all non-routine correspondence and / or the form number of the routine correspondence sent
  • This will involve ensuring that the notes contain the date on which the officers added the note to the file and the note-taker’s initials