Last Updated on October 15, 2015
The Situation in Circumstances of Temporary Inability or the Refusal to Pay
Situations could arise where a client is unable to pay the fee immediately. In this scenario, officers would need to consider the following, where practicable and applicable:
- Counsel the individual to withdraw their applications and leave Canada or,
- Declare the applicant as being inadmissible and produce a report pursuant to A44 (1)
- Defer the application pursuant to A23 by releasing the applicant subject to ‘Conditions’ that the authorities would need to impose pursuant to R43 i.e. inform the applicants to report at a later date for the continuation of the examination.
- In some cases, the continuation of the examination might need to take place at another immigration office
- In this scenario, the port of entry (POE) would need to advise this new office of the details as soon as possible
- Once the applicant pays the relevant fees, the immigration office can conclude the examination
In some situations, the client might refuse to pay the required fee. In this scenario, the officers would need to refer the clients to a Senior Immigration Examining Officer (SIEO) and apply the normal enforcement action.
Performing Artists (Entertainers) and their Staff
Under the Immigration and Refugee Protection Regulations (IRPR) and the Immigration and Refugee Protection Act (IRPA), most performing artists and their staff do not need to apply for work permits. However, there are still some artists for whom the authorities require applications for work permits. The procedures that follow apply to this section of clients. For instance, a group that will be performing in “a bar, a restaurant or a similar establishment” would require work permits. Similarly, there are other clients who belong to this category. These clients still need to obtain work permits. This is why officers would need to read the provisions specified in R186 in detail when they make determinations.
Officers would need to note that the provisions specified in R296 (2) (d) still specify that groups of performing artists and their staff who need to obtain work permits at the same time and place as temporary resident visas do not enjoy any fee exemptions related to their applications for temporary resident visas.
Similarly, the Immigration and Refugee Protection Regulations (IRPR) specify that the total amount of fees payable by a group of three or more persons comprising performing artists and their staff does not exceed $465. This is in accordance with the provisions specified in R299 (3). This fee is applicable as long as the members of the group apply at the same time and in the same place for work permits. However, it is worth noting that performing artists who require temporary resident visas would still need to pay the appropriate fees for each individual. This is because the maximum temporary resident visas fee provision specified in R296 (3) only applies to families.
The wording specified in the Immigration and Refugee Protection Regulations (IRPR) allows a mixed group of performing artists and their staff who require work permits to benefit from the maximum fee provisions. This is valid as long as the total number of persons is three or more. Some documentation presents this as a “group of three or more performing artists and their staff”. This might convey the false impression that a minimum of three performing artists would need to apply for triggering the provisions specified in the Immigration and Refugee Protection Regulations (IRPR).
In addition, officers would need to code each IMM 1102B or IMM 1442B as applicable. The codes would need to show “fee paid” or “fee exempt” as applicable.
The Extension of Haiti Special Measures for Work Permits
Officers would need to refer to the special procedures currently in place for the affected individuals.
Exemptions and Refusals
- Situations could arise where an inland immigration office refuses applications for work permits
- In many of these cases, the applicants would have paid the relevant fees along with their applications
- In this scenario, the officers would need to retain the application for statistical purposes
- In addition, the officers would need to keep any financial statistics pertaining to these payments manually
- This is because the officers would not be coding these financial statistics on any computerised document
- It is worth highlighting that the officers would not be refunding the fees paid for refused applications
- Work that is integral to a course of study
- The authorities have provided exemptions from Human Resources and Social Development Canada (HRSDC) confirmation and / or from the fee relating to work permits issued under the provisions specified in R205 (c) (i) or R299 (2) (e)
- These exemptions pertain to work that forms an essential part of a course of study
- While applying this exemption, the officers would need to ensure that:
- The institution has listed the work as a requirement in the syllabus and,
- The institution also requires Canadian students taking the same course to work for obtaining the relevant course credits
- In other words, the institution must state that students would need to pass the course after taking the work in question into consideration for the authorities to consider the work to be an integral part of the course of study
- For Natural Sciences and Engineering Research Council of Canada (NSERC) and National Research Council of Canada (NRC) Researchers – Exempt from the Work Permit Fee
- The Natural Sciences and Engineering Research Council of Canada (NSERC) and National Research Council of Canada (NRC) typically sponsor or invite persons as distinguished scientists or scholars
- These individuals participate in research for the Natural Sciences and Engineering Research Council of Canada (NSERC) and National Research Council of Canada (NRC)
- Because of this, the authorities exempt these individuals from having to pay the work permit fees