Re-testing

Appendix F – Re-testing

The Procedure / Re-testing Policy

Segregating first-time testers from those taking a re-test would enhance the accuracy of test performance reports. Therefore, local offices would schedule and hold re-testing sessions as separate events.

Local offices can prescribe tests and re-tests for applicants if the applicants:

  • Are clearly prohibited
  • Have not met the basic residence requirements owing to:
    • Insufficient permanent resident time or,
    • Section 21 (where the applicant is a paroled inmate or has been in jail or under a probation order)
  • Face an enforceable removal order
  • Are permanent residents no longer
  • Have not provided court documents and/or their fingerprints
  • Have been in Canada for 900 days or less

Exceptions to Testing / Re-testing

The local office staff cannot schedule a test/re-test for applicants, if the applicants request a hearing with Citizenship and Immigration Canada (CIC). This could be because the applicants:

  • Do not read English or French
  • Have a medical condition that prevents them from writing the test e.g. a mental disability or any cognitive, psychiatric or psychological condition

Monitoring and Reporting

The local office staff would monitor and report performances manually. Their reporting template would contain:

  • Test session performance (i.e. pass, fail, no-show etc.) and,
  • Test details (i.e. first test, re-test, re-test inventory etc.)

Communicating Test Results and Further Steps

Successful Applicants

The local office staff would inform applicants who pass the test:

  • That they would proceed to the citizenship ceremony if they meet all the other requirements – pending a final decision by the citizenship judge
  • About the timelines for the ceremony (either on-the-spot or via a mailed notice)

Unsuccessful Applicants (First Test)

The local office staff would:

  • Provide applicants their test scores (without discussing the outcomes per question)
  • Give applicants a copy of the information sheet titled Notice – Results of Your Citizenship Test and Next Steps – Annex 1
  • Inform applicants that they can withdraw their applications (without recommending this explicitly) if the applicants would not be able to meet the knowledge requirements
  • Provide applicants with a copy of Discover Canada

       They would also inform the applicants that:

  • The applicants would only have one re-testing opportunity
  • The re-test would take place in approximately four to eight weeks
  • If the applicants do not appear for the re-test and do not inform the staff about their absence within 60 days from the date of the scheduled re-test appointment, then the staff would:
    • Close the applicant’s files and,
    • Refund the Right of Citizenship fee of $100
    • In this situation, the applicants could submit a fresh application with the necessary fees for obtaining citizenship
  • Some files could contain more than one applicant. In this scenario, the Citizenship and Immigration Canada (CIC) would split the file if the unsuccessful applicants in the file, also fail the re-test. Thus, the successful applicants would proceed to the next stage. Similarly, the unsuccessful applicants would appear for the hearing. However, families could make a request to stay as a unit during the processing stages.

Unsuccessful Applicants (Re-test)

The local office staff would provide applicants with:

  • Their test score
  • A copy of the information sheet titled Notice – Results of Your Citizenship Test and Next Steps – Annex 1
  • An intimation that the applicants would have to meet a citizenship judge for an oral interview

The staff would also return the file to its original place in the hearing queue (if the applicant came from the hearing inventory).

Implementation Plan

Group 1: Applicants taking the test (First-time testers)

  • Effective September 3, 2013, local office staff would:
    • Inform applicants that they would need to take a re-test if they fail – regardless of any other issues with their file
    • Use the new Notice to Appear – To Re-write a Citizenship Test
  • For applicants served through itinerant service, local offices could provide operationally feasible options like:
    • Testing sessions without a judge being present
    • One pass sessions in the presence of a judge
  • Local offices could also split successful family files once the applicant(s) fail the first test. This is an exception to the specifications listed in OB 529-A. However, before splitting a file, local offices would need to ensure that there are no:
    • Security concerns  and,
    • Residency issues for any client mentioned in the file

Group 2: Reduction of Hearing Inventory

  • Local office staff would arrange re-tests for applicants in the hearing inventory. They would also:
    • Identify and segregate files marked for:
      • A knowledge hearing only or,
      • A knowledge combined with any other criteria hearing
      • Mark the files for place in the queue
      • Return the file to the hearing queue if the applicant fails the re-test
      • Conduct re-testing sessions separately from first-time test sessions
  • For hearings concerning knowledge combined with any other criteria:
    • The previous instructions of OB 530-A do not apply any longer except where local offices have already scheduled files for a hearing. In this situation:
      • Judges could offer applicants the choice of proceeding with an oral knowledge evaluation or with a re-test
      • Office staff would complete the Retest Option for Adult Grant – See Annex 4 and attach it to the file

Applicants Approaching the Age of 55 Years

For applicants turning 55 on or before the date of the re-test or during the triage of hearing inventory files, the local office staff can:

  • Remove the applicant from the re-test and,
  • Refer the applicant to the judge for a paper review and decision

Source: Citizenship and Immigration Canada (CIC) 

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Additional Procedures Specific to Citizenship Hearings

Appendix E – Additional Procedures Specific to Citizenship Hearings

The Coordination Between Offices

Managers would first need to contact their counterparts at the other office for discussing the judge’s availability. The manager receiving the request would need to do their utmost for accommodating the request. This is particularly so if the request is for providing service in the applicant’s official language. However, in case the request stems from an attempt to reduce the hearing inventory, the manager would need to consider the impact to their office’s output first.

The manager receiving the request would need to confirm the availability of their judge for performing hearings by videoconference. Once confirmed, the managers would need to agree upon the number of hearings and hearing dates. Similarly, the officers would need to keep the Office of the Senior Judge informed of the arrangements. They would do this via regular reporting of videoconference hearings that took place. Offices would also need to note instances of videoconference hearings planned on the monthly schedules they send to the Senior Judge’s Office.

In general, the office whose applicants come in for interviews remains responsible for:

  • Ensuring that the office obtains consent for the videoconference hearing
  • Checking the availability of the interview room
  • Ensuring the reservation of the interview room
  • All the scheduling in the Global Case Management System (GCMS) and,
  • All notifications sent to the applicant and the judge

The Eligibility for Participation

Obtaining Consent

Scheduling the Hearing

Scheduling a Hearing in the Global Case Management System (GCMS)

Source: Citizenship and Immigration

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Interviews and Interpreters

Appendix D – Interviews and Interpreters

This section contains detailed information on the policies and procedures necessary for conducting effective interviews. It also provides details on how officers would need to use the services of an interpreter, if needed.

 

 Source: Citizenship and Immigration

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Proof of Funds for Skilled Immigrants (Express Entry)

Appendix C – Proof of Funds for Skilled Immigrants (Express Entry)

Applicants would typically need to demonstrate that they have sufficient money for supporting themselves and their family after they get to Canada. This is applicable unless the applicant:

  • Is currently authorised for working in Canada and,
  • Has a valid job offer from an employer in Canada

Applicants would need to note that they would not be able to borrow this money from another individual. They would need to use this money for covering the costs of living for their family. This is applicable even if the family is not accompanying the applicant to Canada.

Applicants would also need to provide proof to the Canadian visa office in their home countries that they possess sufficient money when they apply to immigrate.

It is worth noting that the amount of money that applicants need for supporting their families typically depends upon the size of their families. The authorities revise these amounts each year. Applicants would need to note the details specified in the table below.

Number of Family Members

Funds Required (in Canadian dollars)

1

$12,474

2

$15,530

3

$19,092

4

$23,181

5

$26,291

6

$29,652

7

$33,013

Each additional family member

$3,361

Applicants would not need to show that they possess these funds if:

  • They already have a valid offer of arranged employment in Canada and,
  • They are currently working or have the relevant authorisation for working in Canada

How much money should applicants bring when they come to Canada?

Applicants would need to research the costs of living in the place where they plan to settle in Canada.

It is worth noting that the applicants would need to bring as much money as they can to make it easier for themselves to move and find a home in Canada. However, it is worth noting that applicants would need to declare if they are bringing more than $10,000 Canadian dollars into the country. This is in accordance with the Canadian customs regulations. In case applicants do not inform the authorities that they are bringing more than $10,000 Canadian dollars with them into the country, the authorities could levy a fine on them or even, put them in prison.

Typically, the authorities permit applicants to bring funds in the form of:

  • Cash
  • Documents that highlight property or capital payable to the applicant such as:
    • Stocks
    • Bonds
    • Debentures or,
    • Treasury bills OR,
  • Documents that guarantee payment of a specific amount of money, which is payable to the applicant, such as:
    • Bankers’ drafts
    • Cheques
    • Travellers’ cheques or,
    • Money orders

Source: Citizenship and Immigration

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The Process for Determining Admissibility

Appendix A – The Process for Determining Admissibility

The processing office will assess whether the applicant is a member of the Federal Skilled Worker Class or not. They will do this evaluation in respect of the provisions specified in R75. Once the processing office deems that the applicant is a member of the Federal Skilled Worker Class, the principal applicant and the applicant’s family members would need to complete the medical examinations listed below (if required). Thereafter, they would need to pass the criminal and security checks. It is worth noting that these requirements apply to all family members of the applicant, whether they are accompanying the applicant or not.

Officers might require further information about determining admissibility. For this, they would need to refer to ENF 2 / OP 18 – Evaluating Inadmissibility.

Immigration Medical Examination (IME)

A medical examination includes any or all of the following:

  • A physical examination
  • A mental examination
  • A review of past medical history
  • Laboratory tests
  • Diagnostic tests and,
  • A medical assessment of records concerning the applicant

This is in accordance with the provisions specified under R29 – with special reference to paragraph A16 (2) (b).

Who needs to submit to an Immigration Medical Examination (IME)?

The following individuals would need to submit to an Immigration Medical Examination (IME):

  • Permanent resident applicants
  • Temporary residents and,
  • Refugees

What are the various medical exemptions?

The authorities provide the following exemptions:

  • Exemptions from undergoing an Immigration Medical Examination (IME) and,
  • Exemption from inadmissibility on the grounds of excessive demand

How does one issue medical instructions?

The authorities have put in place various procedures for issuing medical instructions and upfront medical exams.

Who can perform an Immigration Medical Examination (IME)?

Typically, the authorities permit panel physicians to perform an Immigration Medical Examination (IME). In some circumstances, non-panel physicians also have the authority to perform an Immigration Medical Examination (IME) [dispensation].

How does one submit medical information?

Typically, the submission of medical information could take place via the following formats:

  • Electronically i.e. eMedical and,
  • Paper submissions

Making a Final Decision – Approving the Application

The authorities would need to send the Confirmation of Permanent Residence (CoPR) and the permanent resident visa (if applicable) to the applicant’s address outside of Canada. This is applicable in case the applicant is living outside of Canada.

Situations could arise where officers come across applicants who have passports issued by a visa exempt country. Officers would need to refer to the list of visa exempt countries identified in:

  • R190 (1) (a)
  • R190 (1) (b)
  • R190 (2) (b) to R190 (2) (f) or,
  • R190 (2) (i)

In this scenario, the officers would need to ensure that they do not issue a permanent resident visa counterfoil to these applicants. However, they have the authority for requesting to see the applicant’s original passport in these situations.

Approved applicants would need to present their Confirmations of Permanent Residence (CoPRs) and permanent resident visa counterfoils (if applicable) to an officer at a Canadian port of entry. This is in accordance with the provisions specified under R71.1 (1).

In case an officer approves an application from a temporary resident in Canada, who is also a member of a class referred to in the provisions specified under R70 (2) (a) or R70 (2) (b), the officer would need to:

  • Send the Confirmation of Permanent Residence (CoPR) and the permanent resident visa counterfoil (if applicable) to the applicant’s address in Canada and,
  • Inform the applicant that, to become a permanent resident, the applicant would need to either:
    • Present the Confirmation of Permanent Residence (CoPR) and the permanent resident visa counterfoil (if applicable) to an officer at a Canadian port of entry or,
    • Contact the Citizenship and Immigration Canada (CIC) Call Centre for requesting an appointment at a local Citizenship and Immigration Canada (CIC) office, along with their family members, if applicable
      • This is in accordance with the provisions specified under R71.1 (2)

Making a Final Decision – Refusing the Application

Officers would need to provide all refused applicants in the Federal Skilled Worker Class with a formal refusal letter. The refusal letter would need to:

  • Inform the applicant of the immigration class in which the authorities had considered the applicant’s application
  • Explain fully to the applicant about the reasons for which the authorities refused the applicant’s application in that particular class and,
  • Notify applicants who have paid the Right of Permanent Residence Fee (RPRF) that they are entitled to a refund and provide these applicants with an approximate timeframe for the issuance and receipt of the refund

Source: Citizenship and Immigration

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The Substituted Evaluation

The Substituted Evaluation

Under the provisions specified in R76 (3), the authorities have the ability to substitute an officer’s evaluation for the requirements specified under the provisions of R76 (1) (a) in respect of an application for permanent residence in the Federal Skilled Worker Class.

Typically, the authorities will assess whether the foreign nationals have the ability to establish themselves economically in Canada or not. For determining this, the authorities will need to consider:

  • The requirements specified under R76 (1) (a) – whether or not they are met – and,
  • Whether the skilled worker has received the minimum number of points referred to in R76 (2)

Both these aspects could be sufficient indicators of the foreign national’s ability to establish themselves economically in Canada.

However, if both these aspects are not sufficient indicators of the foreign national’s ability to establish themselves economically in Canada, the officers have the authority for substituting the criteria specified in R76 (1) (a) with their assessment of the likelihood of the abilities of the skilled workers to establish themselves economically in Canada.

Officers would typically need to consider substituted evaluations on a case-by-case basis. In this scenario, the officers have the authority to consider any relevant factors possible. However, officers would need to be mindful of the fact that just because an applicant ‘almost met’ the requirements of the Federal Skilled Worker Class does not by itself, provide sufficient grounds for recommending the use of positive substituted evaluation.

In addition, section A25 (1) contains various provisions pertaining to humanitarian and compassionate authority. Officers would need to ensure that they do not confuse substituted evaluation with humanitarian and compassionate authority. It is worth highlighting that humanitarian and compassionate authority enables the Minister (or the Minister’s delegates) to:

  • Grant permanent residence or,
  • An exemption from any applicable criteria or obligation of the Immigration and Refugee Protection Act (IRPA)

The Minister (or the Minister’s delegates) would typically utilise this authority if they come across sufficient grounds for humanitarian and compassionate considerations relating to the foreign national.

Situations might arise where an applicant (or their representative) requests that the officer consider exercising their substituted evaluation powers in the applicant’s favour. These requests might be oral or in writing. In this scenario, the officers would need to examine the circumstances thoroughly. If, in the officer’s opinion, the applicant does not make a compelling case for substituted evaluation, the officers would need to remember that there is no requirement that the authorities interview the applicant in these cases.

Therefore, in some situations, the officers might feel that the case does not merit substituted evaluation under the circumstances. In this scenario, the officers would need to indicate this in their:

  • File notes and,
  • Formal refusal letter (along with a brief summary of their reasons)

Officers would also need to use the terms specified explicitly in the legislation when they refer to substituted evaluation. Therefore, they would need to refer to substituted evaluation in writing as:

  • Substituted evaluation or,
  • The ability to establish oneself economically in Canada

In some situations, the applicant might meet all the requirements expected for becoming a member of the Federal Skilled Worker Class. In this scenario, the officer might decide to use substituted evaluation i.e. a negative substituted evaluation. Therefore, the officer would need to:

  • Communicate any concerns the officer might have to the applicant in writing
    • Thereafter, the officer would need provide sufficient opportunities for the applicant to respond to the concerns raised
    • The applicants could respond to the concerns raised by the officer via:
      • Correspondence or documentation and / or,
      • An interview
  • Obtain written concurrence from a second designated officer in case the applicant continues to fail in satisfying the officer about the applicant’s ability to establish themselves economically in Canada and,
  • Provide the relevant reasons for the use of negative substituted evaluation in the formal refusal letter sent to the applicant and in the Global Case Management System (GCMS)

Similarly, there might be situations where the applicant might not meet all the requirements expected for becoming a member of the Federal Skilled Worker Class. In this scenario, the officer might decide to use substituted evaluation i.e. a positive substituted evaluation. Therefore, the officer would need to:

  • Obtain written concurrence from a second designated officer and,
  • Provide the relevant reasons for the use of positive substituted evaluation in their notes in the Global Case Management System (GCMS)

Note:

  • It is worth noting that a substituted evaluation requires the concurrence of a second designated officer – this is in accordance with the provisions specified under R76 (4)
  • In addition, officers would only need to use a substituted evaluation for overcoming the points assessment against the selection criteria
    • Officers would need to ensure that they do not use a substituted evaluation for overcoming the applicant’s failure for meeting the eligibility criteria under:
      • Ministerial Instructions (MIs)
      • The minimum requirements prescribed or,
      • The requirement for settlement funds

Fraud Detection and Deterrence

For detecting and combatting fraud, officers would need to rely on:

  • Interviews
  • Site visits and,
  • Telephone checks

For more information, please refer to Appendix D.

 

Source: Citizenship and Immigration

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Federal Skilled Worker- The Settlement Funds

The Settlement Funds

Section R76 (1) contains various selection criteria established by the authorities. In addition to meeting these criteria, the applicant would need to have sufficient funds available for supporting the applicant’s settlement in Canada. This is in accordance with the provisions specified under R76 (1) (b) (i).

Under one specification, the applicants do not necessarily need to have settlement funds if they:

  • Have the relevant authorisation for working in Canada and,
  • Have received points for arranged employment in Canada (refer to Appendix B)
    • The authorities have provided further clarification on this point under:
      • R82 (1)
      • R82 (2) (a)
      • R82 (2) (b) or,
      • R82 (2) (d)

This is in accordance with the provisions specified under R76 (1) (b) (ii).

In addition, the applicants would need to ensure that the funds:

  • Are available and transferable
  • Are unencumbered by debts or other obligations and,
  • Are sufficient for supporting initial establishment of the applicants in Canada

It is worth mentioning here that the authorities determine sufficient funds according the size of the applicant’s family (refer to Appendix C). Typically, they include both accompanying and non-accompanying dependents in their calculations. They generally use 50 percent of the current Low Income Cut Off (LICO) for urban areas that have a population of 500,000 or more.

In some situations, the applicants might not be able to demonstrate that they have sufficient funds for meeting the prescribed requirements. In this scenario, the authorities would have no other option other than refusing the application.

Applicants would typically need to meet the requirement and criteria for settlement funds at the time of:

  • Making the application and,
  • Issuance of the permanent resident visa by the authorities

This is in accordance with the provisions specified under R77.

Source: Citizenship and Immigration

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Federal Skilled Workers – The Selection Decision

The Selection Decision

The Minister has the authority to set the minimum number of points required of a skilled worker. People also refer to this commonly as the ‘pass mark’. This is in accordance with the provisions specified under R76 (2). At present, the pass mark is 67 points.

Visa officers would need to make a final selection decision for applications. This is especially so for applications assessed by the Centralised Intake Office (CIO) as meeting the pass mark prescribed by the Minister. The visa office would need to review the application in detail. In addition, it would need to review the case analysis provided by the Centralised Intake Office (CIO). Thereafter, it would need to make the final selection decision. Typically, it would make this decision based on the total points earned by the applicant for the selection factors.

Therefore, if the applicant’s total score is equal to or greater than the pass mark established by the Minister, then the visa officer would need to make a positive selection decision. After this, the visa officer would need to proceed towards determining admissibility (refer to Appendix A).

In case the applicant’s total score is less than the pass mark prescribed by the Minister, then the visa officer would need to:

  • Make a negative selection decision,
  • Record the outcome and the reasons in the Global Case Management System (GCMS) and,
  • Send a letter to the applicant notifying the applicant that the authorities have refused the application for insufficient number of points

Note:

  • It is worth noting that officers have the option of exercising their authority for substituted evaluation in respect of:
    • The points assessment and,
    • The final selection decision

Source: Citizenship and Immigration

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Federal Skilled Workers Selection Criteria – Adaptability

Officers would need to assess the application. Thereafter, they would need to award the applicant with up to a maximum of 10 points for adaptability based on the tables given below. This is in accordance with the provisions specified under R83.

  1. The Process for Awarding Points for Applications Received prior to May 04, 2013
  2. The Process for Awarding Points for Applications Received On or After May 04, 2013

 

Source; Citizenship and Immigration

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Federal Skilled Workers Selection Criteria – Arranged Employment

Officers will award up to a maximum of 10 points to an applicant for arranged employment. This is especially if they find that the applicants are:

  • Able to perform
  • Likely to carry out the employment and,
  • Meeting the requirements for a valid offer of employment

In this scenario, the officers would award points to the applicant for a valid offer of employment. However, they would do so only after examining the applicant’s circumstances. This is in accordance with the provisions specified under R82 (2).

  1. The Process for Awarding Points for Applications Received Prior to May 04, 2013
  2. The Process for Awarding Points for Applications Received On or After May 04, 2013

The Process for Bridging the Open Work Permit

Foreign nationals in Canada might require facilitation that enables them to maintain their status and continue working in Canada. This is especially so if they are awaiting a final decision on their application for permanent residence in the Federal Skilled Worker Class. However, this provision is only applicable to foreign nationals in Canada who:

  • Have received a positive determination of eligibility decision under the Federal Skilled Worker Class and,
  • Have a current temporary resident work permit that is due to expire soon

The Role of Employment and Social Development Canada (ESDC)

 

Source: Citizenship and Immigration

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