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Русский Processing Federal Skilled Worker (FSW) e-Applications Received On or After January 01, 2015
This section provides information on the manner in which officers would need to process electronic Applications for Permanent Residence (e-APRs). Federal Skilled Worker (FSW) applicants typically submit electronic Applications for Permanent Residence (e-APRs) on receiving the invitations to apply via Express Entry.
Federal Skilled Worker (FSW) electronic Applications for Permanent Residence (e-APRs) are subject to the Express Entry six-month processing standard i.e. 80 percent of applications in six months or less.
The six month period commences when Citizenship and Immigration Canada (CIC) confirms that a candidate has submitted a complete electronic Application for Permanent Residence (e-APR) through the MyCIC account. The processing period concludes once the authorities make a final decision.
The authorities prescribed the Federal Skilled Worker (FSW) class as a class of persons who:
- Are skilled workers
- Might become permanent residents based on their ability to become economically established in Canada and,
- Intend to reside in a province other than Quebec
Source: Citizenship and Immigration Canada (CIC)
- Published in 2015
The Updated Triage Criteria for Centralised Processing of Family Class Parent and Grandparent Applications
Operational Bulletin 550 (Modified) – January 24, 2014
The Updated Triage Criteria for Centralised Processing of Family Class Parent and Grandparent Applications
Summary
The authorities updated the triage criteria used by the Case Processing Centre in Mississauga (CPC-M). The Case Processing Centre in Mississauga (CPC-M) used these criteria for assess Family Class Parent and Grandparent (FC4) applications.
Based on the changes, the officers would need to forward all identified applications to the Case Processing Centre office in Ottawa (CPC-O) for processing. The appropriate visa office would need to continue processing all the remaining Family Class Parent and Grandparent (FC4) applications. This change comes into effect from September 03, 2013.
Issue
This Operational Bulletin (OB) is a modified version of the earlier OB 550.
Background
Citizenship and Immigration Canada (CIC) is implementing some activities as part of its modernisation agenda. One of these activities resulted in the centralisation of some Family Class Parent and Grandparent (FC4) applications on November 30, 2011.
Since then, the Case Processing Centre in Mississauga (CPC-M) has been triaging Family Class Parent and Grandparent (FC4) applications based on certain defined criteria. It has also been forwarding various identified applications to the Case Processing Centre office in Ottawa (CPC-O) for processing.
The authorities had announced the commencement of Phase I of the Action Plan for Faster Family Reunification on November 04, 2011. They put this initiative in place following this announcement. As part of this initiative, the authorities began requesting complete Applications for Permanent Residence (APRs). They did this to address efficiently the existing inventory levels as well as processing times.
Following the implementation, Citizenship and Immigration Canada (CIC) completed an activity aimed at validating the Family Class Parent and Grandparent (FC4) applications. The results of this exercise showed that officers could effectively identify certain Family Class Parent and Grandparent (FC4) applications that officers could process centrally in Canada.
The Updated Family Class Parent and Grandparent (FC4) Triage Criteria
The authorities updated the triage criteria within the Family Class Parent and Grandparent (FC4) of applications. They did this as a result of the review process.
In addition, the updated list now includes countries or nationalities that are exempt from requiring a Temporary Resident Visa (TRV). This is in accordance with the specifications given in subsection 190 (1) of the Immigration and Refugee Protection Regulations (IRPR). All other criteria remain unchanged. Officers would need to refer to the updated list given in Appendix A.
The Case Processing Centre – Mississauga (CPC-M)
Henceforth, the Case Processing Centre in Mississauga (CPC-M) will use the updated criteria for all Family Class Parent and Grandparent (FC4) sponsorship applications. This is applicable for all Family Class Parent and Grandparent (FC4) sponsorship applications they assess as of September 03, 2014. This also includes all applications received in response to previous letter mail out campaigns.
Officers would need to forward certain Family Class Parent and Grandparent (FC4) sponsorship applications to the visa office. They would do this for Family Class Parent and Grandparent (FC4) sponsorship applications that:
- Do not meet the sponsorship requirements and,
- Have an ineligible sponsor opting to proceed
Additional Information
Officers might require further information on the subject. For this, they would need to contact the Operational Management and Coordination Branch.
In addition, Appendix A contains the updated triage list for Family Class Parent and Grandparent (FC4) sponsorship applications. Therefore, officers would need to refer to this for further information.
Source: Citizenship and Immigration Canada (CIC)
- Published in 2014
The Processing of Confirmation of Permanent Residence Documents (CoPRs)
Operational Bulletin 545 – October 07, 2013
The Processing of Confirmation of Permanent Residence Documents (CoPRs)
Summary
This Operational Bulletin instructs officers of Citizenship and Immigration Canada (CIC) and the Canada Border Services Agency (CBSA). It provides guidelines on the manner in which these officers would need to process a Confirmation of Permanent Residence (CoPR) document properly.
Background
Officers typically issue a Confirmation of Permanent Residence (CoPR) document to applicants i.e. IMM 5688E or IMM 5292B. Applicants need to present this document at:
- A Port of Entry (POE) or,
- An inland Citizenship and Immigration Canada (CIC) office
On presenting this document for processing, the applicants typically take the next step towards becoming permanent residents. This is in accordance with the Immigration and Refugee Protection Act (IRPA).
The Confirmation of Permanent Residence (CoPR) document certifies that at the time of issuance, the foreign national named in the document was:
- Admissible and,
- Met the selection criteria and complied with the requirements of the Act and Regulations
Some applicants might have applied for and obtained a Permanent Resident (PR) visa and a Confirmation of Permanent Residence (CoPR) document from a Canadian visa office outside Canada. They would need to present their document to a Border Services Officer (BSO) upon arrival in Canada.
Similarly, some applicants might already be having legal status in Canada. These individuals would need to go to:
- A Port of Entry (POE) or,
- An inland Citizenship and Immigration Canada (CIC) office (after calling the Citizenship and Immigration Canada (CIC) Call Centre for a landing appointment)
These sites would provide the necessary assistance in finalising the processing of the applicant’s Permanent Resident (PR) application. This is in accordance with R71.1 (2).
However, regardless of whichever of the two locations these applicants go to, they would need to have:
- A Permanent Resident (PR) visa counterfoil or,
- An exemption from this specific requirement
The Guidelines for Port of Entry (POE) or Inland Processing
This process commences when a foreign national with a Confirmation of Permanent Residence (CoPR) seeks to obtain Permanent Resident (PR) status. The applicant would need to present the Confirmation of Permanent Residence (CoPR) document at:
- A Port of Entry (POE) or,
- An inland Citizenship and Immigration Canada (CIC) office
The Border Services Officer (BSO) at Immigration Secondary or the inland Citizenship and Immigration Canada (CIC) officer would need to compare the details mentioned on the Confirmation of Permanent Residence (CoPR) document with the applicant’s travel document or passport. The details the officers would need to check include:
- The Bio data
- The Travel Document number
- The applicant’s height and,
- The applicant’s eye colour
The last two details are necessary for the production of the Permanent Resident (PR) card.
The Procedure for Making Corrections
Situations might arise where officers find that the IMM 5688E or IMM 5292B contain clerical errors. In this scenario, the officers would need to must correct the IMM 5688E or the IMM 5292B appropriately. The officers would need to ensure that they bring these documents into agreement with:
- The bio data given in the passport or,
- Any other travel document
Thereafter, they would need to make the correction on all copies of the Confirmation of Permanent Residence (CoPR) document by:
- Placing an asterisk beside the error and,
- Annotating the correction in the remarks section
The officers would also need to ensure that any corrections they make must also reflect in the Field Operations Support System (FOSS) and/or the Global Case Management System (GCMS).
The officers hold the final responsibility for:
- Ensuring data integrity and legibility of the Confirmation of Permanent Residence (CoPR) document and,
- Reprinting the replacement document from the Field Operations Support System (FOSS) and/or the Global Case Management System (GCMS) in case of significant changes
The Procedure for Making Corrections to the Document Number in the Field Operations Support System (FOSS)
In certain cases, the document number (also known as the T number) on the printed Confirmation of Permanent Residence (CoPR) document could differ from the T number listed on the Field Operations Support System (FOSS).
In this scenario, the officers at the Ports of Entry (POEs) would need to confirm the T number by checking the Global Case Management System (GCMS). If they find the valid T number on the Field Operations Support System (FOSS), they would need to make the necessary corrections by:
- Placing an asterisk beside the incorrect document number and,
- Annotating the correct T number in the remarks section
Taking this action would prevent errors from occurring when officers:
- Process the Permanent Resident (PR) card and,
- Use the Confirmation of Permanent Residence (CoPR) document as a proof of status document
In some situations, the officers might find that two document numbers exist in the Field Operations Support System (FOSS). In this scenario, the officers would need to ensure that they never land the client on both the numbers. Instead, they would need to ensure that the client only uses the valid document number for landing purposes.
Similarly, situations could arise where:
- The Field Operations Support System (FOSS) displays an invalid T number or,
- The Confirmation of Permanent Residence (CoPR) document does not show up in the Field Operations Support System (FOSS)
In this scenario, the officers would need to:
- Defer the examination (this is in accordance to the guidelines specified in A23) and,
- Refer the client to an inland Citizenship and Immigration Canada (CIC) office for completing the landing
In addition, the inland Citizenship and Immigration Canada (CIC) office would also need to contact the issuing office. This would enable them to:
- Correct the error and,
- Close the application in the Global Case Management System (GCMS) (if necessary)
Note:
- The authorities plan to decommission the Field Operations Support System (FOSS) and replace it with the Global Case Management System (GCMS) by the end of 2014
- This would nullify future occurrences of these kinds of cases
The Guidelines Prescribed for Photographs
The officers would need to verify that the Confirmation of Permanent Residence (CoPR) document has an affixed photograph. In addition, they would need to check that this photograph bears a clear resemblance to the photograph on the passport or travel document. Typically, they would be able to find this photograph:
- On the Citizenship and Immigration Canada (CIC) copy of the IMM 5688E or,
- On Copy 1 of the IMM 5292B
The officers would also need to check that the photograph also meets the prescribed specifications. Otherwise, the applicant would need to submit another photograph.
For retakes of photographs, the applicant would need to attach the new photograph to a separate Supplementary Identification Form (IMM 5455B). This is because removing the photograph affixed to the Confirmation of Permanent Residence (CoPR) document could end up damaging the form.
In addition, the applicants would need to attach the photo using a standardised photo patch. This is useful if they are using the fillable and downloadable version of the IMM 5455B. To order photo patches, applicants would need to use the IMM 1389 (Requisition for Non-controlled Immigration Forms). Then, they would need to select the item CIC 0108B – Photo Patch. Thereafter, they would need to enter the number of packages they require.
The Guidelines Prescribed for Updating an Address
In some situations, the officers might find that the Confirmation of Permanent Residence (CoPR) document already indicates an address. In this scenario, the officers would need to confirm with the client that the addresses listed on the Confirmation of Permanent Residence (CoPR) document are correct.
If the addresses listed on the Confirmation of Permanent Residence (CoPR) document are incorrect, the officers would need to cross out the incorrect address. Then, they would need to update the new address in the Field Operations Support System (FOSS) and/or the Global Case Management System (GCMS). They would typically do this based on the system used by the department.
Similarly, the officers might find that the department is using the Global Case Management System (GCMS). In this situation, the officers would need to:
- Verify that the address in the Field Operations Support System (FOSS) is also correct and,
- Make the necessary changes (if required)
This is because the Permanent Resident Card Centre (PRCC) uses the information found in the Field Operations Support System (FOSS) to generate a Permanent Resident (PR) card. Hence, the officers would need to update the address on all the systems used.
Some clients might not have a permanent address. Therefore, officers would need to inform these clients to send their permanent address whenever it becomes available. Typically, officers would need to inform the clients that the clients must send their permanent address details within 180 days. Only then would the clients be able to receive their Permanent Resident (PR) card.
In case the department is using the Field Operations Support System (FOSS), the officers would need to:
- List “Address to follow” in the street space and,
- Leave the postcode field vacant or blank
Clients could update their address in Canada by:
- Contacting the call centre
- Using the online Address Notification tool on the Citizenship and Immigration Canada (CIC) website
- Completing the form titled Address Notification – Permanent Resident Card (IMM 5456B) and transmitting it to the fax number shown
At a Port of Entry (POE), officers might come across some clients who provide a third party address in Canada. This address could be the address of a friend, relative, paid representative etc. This is perfectly appropriate because the clients, as new immigrants, might not have a permanent address in Canada. Thus, by providing the address of a third party in Canada, these clients would simply be facilitating the processing and the issuance of their Permanent Resident (PR) card following their arrival in Canada.
However, some cases could provide clear indications that the client’s stay in Canada is for a short span only. Therefore, officers would need to check whether the client provided a third party address to forward the Permanent Resident (PR) card outside Canada.
In these situations, officers would need to flag these cases with a Non-Computer Based Entry (NCB) 22. This flag indicates that the client resides outside Canada. Officers would need to brief clients planning to leave Canada before receiving their Permanent Resident (PR) card. They would need to inform these clients about the requirements under A31 (3). These requirements typically relate to travel documents issued at a visa office abroad.
The Guidelines Prescribed for Completing Fields on the IMM 5688E and the IMM 5292B
Officers would need to complete the following fields on the IMM 5688E and the IMM 5292B. In particular, they would need to use a black pen for this activity.
- Last Entry at:
- Officers would need to complete this field if the Confirmation of Permanent Residence (CoPR) document originated from a visa office overseas
- Officers would need to fill in the location where permanent resident (PR) status was granted
- Last Entry Date / Original Entry Date:
- Officers would need to complete this field if the Confirmation of Permanent Residence (CoPR) document originated from a visa office overseas
- Officers would need to fill in the date when permanent resident (PR) status was granted
- Became Permanent Resident (PR) at: Officers would need to fill in the location where permanent resident (PR) status was granted
- This could be either a Port of Entry (POE) or an inland Citizenship and Immigration Canada (CIC) office
- Became Permanent Resident (PR) on: Officers would need to fill in the date when permanent resident (PR) status was granted
- Conditions: The client would need to write their initials alongside any specified imposed conditions
- Have you ever been charged/convicted of a crime or offence; refused admission to Canada or required to leave Canada?: The client would need to mention their initials alongside a ‘Yes/No’ answer (This would be NA for minors)
- Dependent(s) Information: The client would need to mention their initials alongside a ‘Yes/No’ answer.
- If the client’s answer is a ‘Yes’, the officers would need to add the dependent’s information only if:
- The client has included the names of the dependents in the application and,
- The officers have examined the dependents
- Signatures: The client and the officer granting permanent resident (PR) status will sign and date all copies of the Confirmation of Permanent Residence (CoPR) document
- This is only applicable for clients who are 14 years of age or older
- Parents would need to sign for children under 14 years of age
Note:
- Citizenship and Immigration Canada (CIC) officers would need to remember to stamp the client’s passport or travel document during the landing appointment
- They would need to do this only if the client is not a refugee
- The stamp would typically include details like:
- The date on which the authorities granted permanent resident (PR) status and,
- The location of the Citizenship and Immigration Canada (CIC) office
- The officers would also need write their initials beside the stamp on the passport page or the travel document
- In some situations, the officers might require additional port stamps
- In this scenario, the local Citizenship and Immigration Canada (CIC) office would need to contact Paul Geoffroy at Corporate Security
The Guidelines Prescribed for Counselling New Permanent Residents
Officers would need to counsel all new permanent residents about:
- The residency obligation
- The Permanent Resident (PR) status conditions imposed and:
- How to comply with them and,
- Apply for their removal
- The procedures for applying for and obtaining:
- A Permanent Resident (PR) card
- Provincial health coverage and,
- A social insurance number
- Settlement Assistance (if applicable)
The Guidelines Prescribed for Distributing the Confirmation of Permanent Residence (CoPR) document
Officers would need to distribute the Confirmation of Permanent Residence (CoPR) document appropriately. This is especially so after the authorities have granted permanent resident (PR) status to clients.
- For Confirmation of Permanent Residence (CoPR) documents printed on the IMM 5688E, officers would need to give:
- The client copy to clients
- The Citizenship and Immigration Canada (CIC) copy to the Permanent Resident Card Centre (PRCC) at the Case Processing Centre in Sydney (PRCC-Sydney), Nova Scotia
- For Confirmation of Permanent Residence (CoPR) documents printed on the IMM 5292B, officers would need to send:
- Copy 1 with affixed photograph to the Permanent Resident Card Centre (PRCC) at the Case Processing Centre in Sydney (PRCC-Sydney), Nova Scotia for scanning and production of the Permanent Resident (PR) Card
- Copy 2 to the National Headquarters (NHQ), Document Management for microfilming (CIC Records-Microfilm Unit, Jean Edmonds Tower North, 2nd floor, 300 Slater Street, Ottawa, Ontario, K1A 1L1)
- Copy 3 to the client for informational purposes
The officers would need to send copies sent to the Permanent Resident Card Centre (PRCC) at the Case Processing Centre in Sydney (PRCC-Sydney), Nova Scotia as quickly as possible. Doing so would enable the Permanent Resident Card Centre (PRCC) at the Case Processing Centre in Sydney (PRCC-Sydney), Nova Scotia to initiate the processing of the Permanent Resident (PR) card.
Depending on the mode of delivery, officers would need to send the Confirmation of Permanent Residence (CoPR) documents to one of the following addresses:
Regular Mail
Case Processing Centre – PR Card
PO Box 10020
Sydney, NS
B1P 7C1
Courier
Case Processing Centre – PR Card
49 Dorchester Street
Sydney, NS
B1P 5Z2
The Guidelines Prescribed for Processing Confirmation of Permanent Residence (CoPR) documents in the Global Case Management System (GCMS)
In some cases, inland Citizenship and Immigration Canada (CIC) officers might process the Confirmation of Permanent Residence (CoPR) documents. These officers would need to change the status of the Confirmation of Permanent Residence (CoPR) documents to ‘Confirmed’. Dong this would ensure that officers can download the information to the Field Operations Support System (FOSS).
It is worth noting that the Field Operations Support System (FOSS) allows officers to carry out this step in advance. However, officers would need to avoid implementing this step in advance i.e. before the client appears for the landing appointment. This is because carrying out this step in advance would:
- Transfer the information to the Field Operations Support System (FOSS) prematurely before the client receives Permanent Resident (PR) status
- Prevent the system from downloading the information to the National Case Management System (NCMS), as this system does not record the disposition for landing dates in the future (or in advance)
Reminders for Citizenship and Immigration Canada (CIC) Officers
The Citizenship and Immigration Canada (CIC) officers would be issuing the Confirmation of Permanent Residence (CoPR) documents to applicants. Therefore, they would need to provide clients with the correct version.
Situations could arise where officers cancel a Confirmation of Permanent Residence (CoPR) document for making changes once they have already generated the Confirmation of Permanent Residence (CoPR) document.
In this scenario, the officers would need to print the new Confirmation of Permanent Residence (CoPR) document for the client. In particular, the officers would need to ensure that the valid T number in the Global Case Management System (GCMS) matches the T number on the printed Confirmation of Permanent Residence (CoPR) document.
In addition, situations could also arise where the officers would require a Certificate of Selection for Quebec. In this scenario, the officers would need to ensure that this certificate is valid. Only after confirming this must the officers issue the Confirmation of Permanent Residence (CoPR) document.
However, officers would need to note that clients do not need to renew the Certificate of Selection for Quebec. This is especially so if, at the time of landing, the officers find that the certificate has expired.
Source: Citizenship and Immigration Canada (CIC)
- Published in 2013
The Processing Procedures for Certain Federal Skilled Worker Backlog Applications: Budget 2012 – The Amended Version
Operational Bulletin 413 – April 27, 2012
The Processing Procedures for Certain Federal Skilled Worker Backlog Applications: Budget 2012 – The Amended Version
Issue
The authorities announced a slew of immigration related announcements on March 29, 2012. These announcements came during the presentation of the 2012 budget. This Operational Bulletin (OB):
- Serves to replace OBs 400 and 404 and,
- Provides further clarifications on the immediate implications for the processing of Federal Skilled Worker (FSW) applications received prior to February 27, 2008
Background
The authorities propose to eliminate the backlog of cases in the Federal Skilled Worker (FSW) Program. This was one of the main announcements made during Budget 2012 (Economic Action Plan 2012). They propose to eliminate this backlog by terminating certain applications. These applications will comprise those applications made prior to February 27, 2008.
At present, all applicants submit their applications to officers of Citizenship and Immigration Canada (CIC). While submitting their applications, the applicants will pay a certain amount as fees to Citizenship and Immigration Canada (CIC). However, the Federal Skilled Worker (FSW) proposal could result in the cancellation of many applications. Citizenship and Immigration Canada (CIC) officers would need to return these fees to the affected applicants in this situation.
As mentioned earlier, the Federal Skilled Worker (FSW) proposal aims to terminate certain Federal Skilled Worker (FSW) applications. The authorities detailed this proposal as a part of the March 2012 Budget. The authorities plan to amend the provisions of the Immigration and Refugee Protection Act (IRPA). They will do this via the Budget Implementation Act (BIA) bill. This will help them to enact the Federal Skilled Worker (FSW) proposal specified during the March 2012 Budget.
Therefore, the Federal Skilled Worker (FSW) proposal will have no legal effect at present. This will remain the case until the authorities enact the Budget Implementation Act (BIA). In addition, the Federal Skilled Worker (FSW) proposal will also have no legal effect until the Budget Implementation Act (BIA) comes into force.
Therefore, the authorities have introduced the Budget Implementation Act (BIA) since. In time, the bill will become a law. However, the date on which the bill will come into force date remains unknown for the moment.
The Instructions for Processing
The authorities have specified that the local managers would need to continue processing Federal Skilled Worker (FSW) applications. This includes the processing of Federal Skilled Worker (FSW) applications:
- Submitted prior to February 27, 2008 and,
- Regardless of whether the authorities have rendered a selection decision prior to March 29, 2012 or not
However, the local managers would only follow these instructions for the moment. They will cease to do so once the authorities enact the Federal Skilled Worker (FSW) proposal and bring it into force.
Effectively, this means that the local managers would continue the processing of all cohorts of Federal Skilled Worker (FSW) cases. It also means that the established priorities for MI cases will continue to remain in effect.
OB 400 and OB 404 have resulted in widespread local communications and website changes. However, this OB effectively replaces OBs 400 and 404. Therefore, with the coming into effect of this OB, the authorities would need to discontinue these local communications and website changes.
The authorities will provide further instructions on the next steps with respect to the Federal Skilled Worker (FSW) backlog cases affected by the Budget announcement. They will publish these instructions as soon as they become available. In all probability, these instructions will also specify how Citizenship and Immigration Canada (CIC) will go about returning the fees to the affected applicants.
Source: Citizenship and Immigration Canada (CIC)
- Published in 2012
The Implementation of Ministerial Instructions Stopping the Intake and Processing of Permanent Residence and Temporary Residence Applications from Individuals who Have Resided in, Travelled to, or Transited through Ebola Affected Countries
Operational Bulletin 593 – November 04, 2014
The Implementation of Ministerial Instructions Stopping the Intake and Processing of Permanent Residence and Temporary Residence Applications from Individuals who Have Resided in, Travelled to, or Transited through Ebola Affected Countries
Summary
This Operational Bulletin (OB) gives operational instructions to officers. These instructions concern the Ministerial Instructions (MIs) that affect applications from the following individuals:
- Individuals, who have resided in Ebola Affected Countries (EAC) during the last three months
- Individuals, who have travelled to Ebola Affected Countries (EAC) during the last three months and,
- Individuals, who have transited through Ebola Affected Countries (EAC) during the last three months
Background
Ministerial Instructions (MIs) serve to provide the best support to the attainment of the immigration goals established by the Government of Canada. This is in accordance with Section 87.3 of the Immigration and Refugee Protection Act.
The Ministerial Instructions (MIs)
The Minister issued Ministerial Instructions (MIs), which the Canada Gazette published on October 31, 2014. These Ministerial Instructions (MIs) aimed at protecting the public health and safety of Canadians against the threat of the Ebola virus disease.
As a result, these Ministerial Instructions (MIs) affected applications from individuals, who:
- Have resided in Ebola Affected Countries (EAC) during the last three months
- Have travelled to Ebola Affected Countries (EAC) during the last three months and,
- Have transited through Ebola Affected Countries (EAC) during the last three months
In particular, the Ministerial Instructions (MIs):
- Instruct officers to stop processing new applications for Temporary Residence (TR)
- Instruct officers to stop processing pending Temporary Residence (TR) applications
- Instruct officers to stop processing new applications for Permanent Residence (PR) and,
- Instruct officers to withhold the issuance of Permanent Resident (PR) visas
These instructions apply to applicants who:
- Have resided in Ebola Affected Countries (EAC) during the last three months
- Have travelled to Ebola Affected Countries (EAC) during the last three months and,
- Have transited through Ebola Affected Countries (EAC) during the last three months
The Ministerial Instructions (MIs) define the Ebola Affected Countries (EAC) as countries that have widespread and persistent (or intense) transmission of the Ebola virus disease. The World Health Organization (WHO) has already identified these countries.
The Ministerial Instructions (MIs) do not apply to all the:
- Permanent Resident (PR) types of applications and,
- Temporary Resident (TR) types of applications
Therefore, the officers would first need to determine whether the Ministerial Instructions (MIs) apply to the type of application submitted by the applicant. Thereafter, the officers would need to assess whether the Ministerial Instructions (MIs) describe the applicants themselves too.
The Types of Applications Affected by the Ministerial Instructions (MIs)
Officers would need to note that the Ministerial Instructions (MIs) only apply to foreign nationals. In particular, they apply to foreign nationals, who require a visa.
The Type of Application | Is the Applicant Physically Inside or Outside Canada? | Do the Ministerial Instructions (MIs) Apply? |
Application for Temporary Resident Visa | Outside | Yes |
Application for Temporary Resident Visa | Inside | Yes (Refer to Temporary Resident Visa (TRV) Applicants in Canada for instructions) |
Application to Change Conditions or Extend Stay as a Visitor | Inside | Yes (Refer to Temporary Resident Status Extensions in Canada for instructions) |
Application for a Work Permit | Outside | Yes |
Application for a Work Permit – Renewal, Extension | Inside | Yes (Refer to Temporary Resident Status Extensions in Canada for instructions) |
Application for a Study Permit | Outside | Yes |
Application for a Study Permit – Renewal, Extension | Inside | Yes (Refer to Temporary Resident Status Extensions in Canada for instructions) |
Application for Restoration of Status | Inside | Yes (Refer to Temporary Resident Status Extensions in Canada for instructions) |
Application for a Temporary Resident Permit (including subsequent Temporary Resident Permit applications) | Inside or outside | Refer to High Profile Cases from Applicants Described in the Ministerial Instructions (MIs) |
Applications for Permanent Residence in the Economic and Family Classes (including international adoption) | Outside | Refer to The Process before Issuing a Permanent Resident Visa for instructions |
Applications for Permanent Residence in the Economic and Family Classes (including international adoption) | Inside | Only applicants who are inside Canada with valid temporary resident status remain unaffected by the Ministerial Instructions (MIs) (Refer to The Process before Issuing a Permanent Resident Visa for instructions) |
Applications for Permanent Residence in the Refugee Classes (including Protected Person applications in Canada) | Inside or outside | No |
Application for Permanent Residence on Humanitarian and Compassionate Grounds | Inside | No |
Application for Pre-Removal Risk Assessment | Inside | No |
Officers must note that the Ministerial Instructions (MIs) do not apply to:
- In-Canada refugee claims
- Permanent resident travel documents
- Permanent resident cards or,
- Any citizenship applications
The Ministerial Instructions (MIs) remain concerned with the applicant’s physical location. However, they do not have any concerns over whether the officers consider an application to be:
- An in-Canada application or,
- An “outside Canada” application
The Process to Follow if the Ministerial Instructions (MIs) Describe the Applicant
High Profile Cases from Applicants Described in the Ministerial Instructions (MIs)
The Process for Requests for Considerations on Humanitarian and Compassionate (H&C) Grounds
Officers would need to note that in certain cases the Ministerial Instructions (MIs) do not prevent certain requests from overcoming the guidelines prescribed by the Ministerial Instructions (MIs). This is especially so in terms of requests for Humanitarian and Compassionate (H&C) consideration.
Officers could come across various requests for overcoming the Ministerial Instructions (MIs) based on Humanitarian and Compassionate (H&C) considerations. In this scenario, the officers could consider these requests. However, they would still need to adhere to the normal procedures prescribed.
Source: Citizenship and Immigration Canada (CIC)
- Published in 2014
