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Русский Temporary Resident Visa (TRV) Applicants in Canada
The officers might come across situations where they would need to consider obtaining additional information concerning whether the applicant intends to return to an Ebola Affected Country (EAC). They would typically need to do this if:
- The applicant is in Canada and applies for a Temporary Resident Visa (TRV) and is a citizen of an Ebola Affected Country (EAC) or,
- The in-Canada applicant’s last country of permanent residence on their most recent Citizenship and Immigration Canada (CIC) document was an Ebola Affected Country (EAC)
In this scenario, the officers would need to send letter C to these applicants.
For in-Canada Temporary Resident Visa (TRV) applicants, the officers would need to call the applicants and ask them the questions specified in letter C. In particular, they would need to elicit answers to the questions pertaining to the confirmation of where the applicants intend to travel. The officers would also need to note the responses given in a detailed and precise manner as well. Situations could arise where the officers do not receive any responses from the applicant. In this scenario, they would need to put these applications on hold.
In-Canada applicants would need to express a definite intention to travel to one of the Ebola Affected Countries (EAC) on a specific date or for a specific occasion. This is the criteria specified for the Ministerial Instructions (MIs) to describe the in-Canada applicant. Officers would need to note the emphasis on specific dates and specific occasions. If the applicant merely hints at the possibility of travelling at some indeterminate point in the future to an Ebola Affected Country (EAC), the officers cannot conclusively establish that the applicant intends to travel to the Ebola Affected Country (EAC).
As long as the Ministerial Instructions (MIs) are in effect, officers would need to consider issuing single-entry visas. These visas would typically have a validity of not more than six months for all the approved:
- Temporary Resident Visa (TRV) applicants who are citizens of the Ebola Affected Country (EAC)
- In-Canada Temporary Resident Visa (TRV) applicants whose last country of permanent residence on their most recent Citizenship and Immigration Canada (CIC) document was an Ebola Affected Country (EAC) and,
- Temporary Resident Visa (TRV) applicants who have travelled to an Ebola Affected Country (EAC) within the last year (but not the three months prior to the application)
The office printing the visa would need to assess the applicants against the Ministerial Instructions (MIs). This would enable it to ascertain that the Ministerial Instructions (MIs) describe the applicant. Only then would they be able to issue the Temporary Resident Visa (TRV). For carrying out this assessment, the officers would need to examine the sections on intent to travel and actual travel.
In particular, the officers would need to verify whether the applicant’s travel documents (e.g. passports) have any stamps that indicate whether the Ministerial Instructions (MIs) describe the applicant under the first or second criteria. The authorities have specified this in the document titled Determining if the applicant is described in the Ministerial Instructions (MIs)’. In addition, the officers would need to ensure that they do not proactively request passports from applicants who do not need a visa.
The Intent to Travel to an Ebola Affected Country (EAC) After a Temporary Resident Visa (TRV) Application
In some cases, it is possible that Citizenship and Immigration Canada (CIC) might receive information of the applicant’s intent of travelling to an Ebola Affected Country (EAC). Typically, Citizenship and Immigration Canada (CIC) could obtain this information through the Call Centre. Or, it could also obtain this information by examining the passports at the time of visa issuance.
In this scenario, Citizenship and Immigration Canada (CIC) would need to reassess the applicant’s file. This would enable it to determine whether the Ministerial Instructions (MIs) describe the applicant or not. According to the Ministerial Instructions (MIs), the specifications contained in the Ministerial Instructions (MIs) describe an applicant if the applicant:
- Applies for temporary resident status and,
- Now intends travelling to an Ebola Affected Country (EAC)
On receiving the information about the applicant’s intent to travel to an Ebola Affected Country (EAC), the office receiving this information would need to:
- E-mail the Case Management Branch (CMB) and,
- E-mail the office processing the application (if this is different)
The e-mail must contain:
- The subject line as: “URGENT EBOLA – UCI – Intent to travel” and,
- Detailed notes in the body of the e-mail, which outline the applicant’s statements
Source: Citizenship and Immigration
- Published in 2015
Temporary Resident Visa (TRV) Applicants in Canada
The Ministerial Instructions (MIs) apply to all Temporary Resident Visa (TRV) applications. This includes applications made by foreign nationals in Canada or overseas.
In certain situations, officers would need to consider obtaining information about whether the applicant intends to return to any of the Ebola Affected Countries (EAC). They would do this if:
- The applicant is in Canada and applies for a Temporary Resident Visa (TRV) and is a citizen of one of the Ebola Affected Countries (EAC) or,
- The in-Canada applicant’s last country of permanent residence on their most recent Citizenship and Immigration Canada (CIC) document was one of the Ebola Affected Countries (EAC)
In these situations, officers would need to send letter C to these applicants. For in-Canada Temporary Resident Visa (TRV) applicants, the officers would need to call the applicants and ask them the questions specified in letter C – especially the questions pertaining to the confirmation of where the applicants intend to travel. They would also need to note the responses given in a detailed and precise manner. In case officers do not receive responses from the applicant, they would need to put these applications on hold.
For the Ministerial Instructions (MIs) to describe the in-Canada applicant, the applicant would need to express a definite intention to travel to one of the Ebola Affected Countries (EAC) on a specific date or for a specific occasion. Officers would need to note that merely hinting at the possibility of travelling at some indeterminate point in the future is not sufficient for establishing that the applicant intends to travel to one of the Ebola Affected Countries (EAC).
While the Ministerial Instructions (MIs) are in effect, officers would need to consider issuing single-entry visas valid for not more than six months to all the approved:
- Temporary Resident Visa (TRV) applicants who are citizens of one of the Ebola Affected Countries (EAC)
- In-Canada Temporary Resident Visa (TRV) applicants whose last country of permanent residence on their most recent Citizenship and Immigration Canada (CIC) document was one of the Ebola Affected Countries (EAC) and,
- Temporary Resident Visa (TRV) applicants who have travelled to one of the Ebola Affected Countries (EAC) within the last year (but not the three months prior to the application)
Prior to issuing the Temporary Resident Visa (TRV), the office printing the visa would need to assess the applicants against the Ministerial Instructions (MIs) to ascertain that the Ministerial Instructions (MIs) describe the applicant. For this, they would need to examine the sections on intent to travel and actual travel. In particular, officers would need to verify whether the applicant’s travel documents (e.g. passports) have any stamps that indicate whether the Ministerial Instructions (MIs) describe the applicant under the first or second criteria. The authorities have specified this in the document titled Determining if the applicant is described in the Ministerial Instructions (MIs)’. Officers would need to ensure that they do not proactively request passports from applicants who do not need a visa.
Source: Citizenship and Immigration
- Published in 2015
Operational Bulletin 548 – September 06, 2013
Specific Directives for Processing Temporary Resident Visa Applications under the Foreign Missions and International Organisations Act for Spouses, Common / Civil Law Partners and Dependent Children Under 22 Years of Age Accompanying Representatives of an International Civil Aviation Organisation Member Country Travelling to Canada on the Occasion of the 38th Session of the Assembly of this Organisation September 24 – October 04, 2013
Summary
This Operational Bulletin (OB) provides information and processing instructions. These instructions concern the Foreign Missions and International Organisations Act (FMIOA) for:
- Spouses
- Common or civil law partners and,
- Dependent children under 22 years of age
These individuals could be accompanying representatives from member states of the International Civil Aviation Organisation (ICAO) for the 38th Session of the Assembly. The 38th Session of the Assembly is taking place from September 24, 2013 to October 04, 2013. It is worth noting that the International Civil Aviation Organisation (ICAO) has an Order in Council under the Foreign Missions and International Organisations Act (FMIOA).
Background
The International Civil Aviation Organisation (ICAO) is a specialised agency of the United Nations. It has its headquarters in Montreal. It will be hosting its 38th Session of the Assembly on September 24, 2013. All member states will be participating in this Session. The organisers have also planned some activities for the spouses.
Officers would need to note that this OB only applies to:
- Spouses
- Common or civil law partners and,
- Dependent children under 22 years of age
These individuals could be accompanying representatives from member states of the International Civil Aviation Organisation (ICAO) for the 38th Session of the Assembly. These individuals typically benefit from “immunity from immigration restrictions” as specified in:
- The Order in Council issued under the Foreign Missions and International Organisations Act (FMIOA) and,
- The Headquarters Agreement between the Government of Canada and the International Civil Aviation Organisation (ICAO) – or, the Agreement
Officers would need to provide these dependents with a fee exempt temporary resident visa. This is in accordance with R296 (2) (a). For this, the officers would need to use the fee exemption code of A-01.
In addition, officers might require additional information and details of the processing procedures applicable to the official delegates to the Assembly. For these details, officers would need to refer to OB 522, published on May 16, 2013.
The Processing Instructions
The authorities would need to process visa applications for the dependents described above expeditiously. This is particularly so if these dependents meet the specifications covered under the Foreign Mission and International Organisations Act (FMIOA). In addition, the authorities would need to issue these visa applications without charges or restrictions. In other words, the authorities mandate that the visa requirement in itself must not become a hindrance with regards to the person’s travel and entry into Canada.
Furthermore, the authorities would need to process these visa applications in an expeditious manner subject to the procedures outlined below. These instructions are valid, regardless of the type of passport the applicants hold.
Category of Participants | International Civil Aviation Organisation (ICAO) Applicable Immunities that are relevant to Citizenship and Immigration Canada (CIC) | The Impact on Immigration and Refugee Protection Act (IRPA) |
Spouse, common or civil law partner and dependent children (up to 22 years of age) of a Representative of a member state
“Representative of a member state” denotes a Representative other than a Permanent representative and this could include an entire delegation, delegates, deputy delegates, advisers, technical experts (security staff) and secretaries of the delegation.
Officers would need to treat each member of the delegation as a Representative. In addition, a spouse, a common or civil law partner or children could accompany the Representative. | Subsection 3 (3) of the Order and Paragraph 13 (d) of the Headquarters Agreement between the Government of Canada and the International Civil Aviation Organisation (ICAO):
“exemption in respect of himself and his spouse and members of his family forming part of his household from immigration restrictions, aliens registration or national service obligations”
Section 5 (4) of the Foreign Mission and International Organisations Act (FMIOA)
“In the event of an inconsistency or conflict between an order made under subsection (1) and any of sections 33 to 43 of the Immigration and Refugee Protection Act, the order prevails to the extent of the inconsistency or conflict.” | Officers would need to issue a Temporary Resident Visa (TRV) to individuals meeting the criteria, who require a visa to come to Canada. In this scenario, the officers must not issue a Temporary Resident Permit (TRP) to these individuals. This is even if the individuals are inadmissible under any sections of 33 – 43 of the Immigration and Refugee Protection Act (IRPA).
In some situations, officers might issue a Temporary Resident Visa (TRV) to an inadmissible person. In this scenario, they would need to follow OP 1 Section 15: Procedures for High-profile, contentious and sensitive cases. They would also need to indicate that the person had cover under an Order within the purview of the Foreign Mission and International Organisations Act (FMIOA) along with the name of the event.
Special Events (SE) Code: 13ICAO
Fee Exemption codes: A-01 R296 (2) (a)
Type of Visa: Diplomatic (D-1), Official (O-1) or Courtesy (C-1) depending on the type of passport presented
Duration of Visa: Single entry
Security Screening Procedures: Officers would need to follow the security screening procedures. In particular, they would need to follow the procedures specified in the Foreign Missions International Organisations Act (FMIOA). In addition, they would need to do this in conjunction with the existing high-profile notifications, as required. |
The Foreign Missions and International Organisation Act (FMIOA) Coding Applicable at Missions and Ports of Entry for “Representatives” and “Officials”
- Officers would need to insert a note in the Global Case Management System (GCMS) if they processed the case under the Foreign Missions International Organisations Act (FMIOA)
- Situations might arise where officers enable an inadmissible person covered by the Foreign Missions International Organisations Act (FMIOA) to come to Canada by issuing a Temporary Resident Visa (TRV)
- In this scenario, the officers would need to enter the following note in the Global Case Management System (GCMS)
“This applicant is inadmissible under Section X of the Immigration and Refugee Protection Act (IRPA), but the applicant’s visit falls under the purview of the Foreign Missions International Organisations Act (FMIOA).”
The authorities have assigned the Special Events (SE) Code 13ICAO to all International Civil Aviation Organisation (ICAO) meetings scheduled in 2013. Therefore, the authorities urge all visa officers to enter the Special Events (SE) code in the Global Case Management System (GCMS). By keying in this information, visa officers would be able to:
- Support planning
- Track progress on the processing of applications and,
- Support various reporting requirements
Situations could arise where officers might have questions on the information given in this document. Alternatively, officers might feel ambiguous about which candidates have the appropriate cover under the Foreign Missions International Organisations Act (FMIOA). In this scenario, officers would need to:
- Contact their geographic desks and,
- CC Paul Bisaillon, CIC ICAO Liaison Officer
In addition, situations might arise where officers have questions related to processing fees for the participants. They would need to direct these enquiries to the unit responsible. Moreover, they would also need to cc Special Events. These instructions have come from the Finance Branch.
Source: Citizenship and Immigration Canada (CIC)
- Published in 2013
Operational Bulletin 543 – August 19, 2013
Special Events – The Specific Directives Given for Processing Foreign Missions and International Organisations Act (FMIOA) Temporary Resident Visa (TRV) Applications for Participants to Meetings in Canada Hosted by the Cospas-Sarsat Secretariat
Summary
This Operational Bulletin (OB) provides processing instructions to Citizenship and Immigration Canada (CIC) offices. These instructions concern the participants attending meetings hosted by the Cospas-Sarsat Secretariat in Canada. The Foreign Missions International Organisations Act (FMIOA) typically covers these meetings.
Background
The Cospas-Sarsat Secretariat is the administrative body of the International Cospas-Sarsat Programme. The head office of the Cospas-Sarsat Secretariat lies in Montreal, Quebec. In addition, an Order in Council (SOR/2005 – 112) covers the Cospas-Sarsat Secretariat, under the Foreign Missions International Organisations Act (FMIOA).
The International Cospas-Sarsat Programme is a satellite-based search and rescue distress alert detection and information distribution system. Countries such as Canada, France, the United States (USA) and the former Soviet Union established this programme back in 1979.
Cospas-Sarsat co-operates with the following organisations:
- The International Civil Aviation Organisation
- The International Maritime Organisation
- The International Telecommunication Organisation and,
- Various other international organisations
Together, these organisations ensure the compatibility of the Cospas-Sarsat distress alerting services with the:
- Needs of the international community
- Standards followed by the international community and,
- Applicable recommendations suggested by the international community
Under the Foreign Missions International Organisations Act (FMIOA), Cospas-Sarsat members enjoy a number of immunities and privileges. However, this document only covers the “immunity from immigration restrictions”. This is because this immunity has an effect on the visa processing offices.
Situations might arise where officers would need to obtain information on other privileges and immunities enjoyed by Cospas-Sarsat members. For obtaining more details on this, the officers would need to refer to the:
- International Cospas-Sarsat Programme Privileges and Immunities Order (the Cospas-Sarsat Order) and,
- Various other related documents
The instructions specified in this document only cover the individuals coming to attend meetings in Canada. Officials of the Cospas-Sarsat Secretariat would need to receive the O-1 visas. This is in accordance with the regular processing instructions applicable for officials of international organisations accredited to Canada. Officers would need to issue the Head of the Secretariat with a D-1 visa.
Note:
- Officers could find themselves having to process visa applications for participants covered by the Foreign Missions International Organisations Act (FMIOA)
- In this scenario, the officers would need to process these visa applications in an expeditious manner
- In other words, the officers would need to ensure that the visa requirement itself must not become a hindrance to the person’s travel or entry into Canada
Subject to the procedures specified, officers would need to expedite the processing procedures for all Cospas-Sarsat participants. This is regardless of the type of passport the applicant holds. Thus, this directive is applicable even if the participant holds a passport that the Foreign Missions International Organisations Act (FMIOA) does not cover.
Officers would also need to issue long term multiple entry visas for the participants of the Cospas-Sarsat meeting. This is especially so if these participants have a history of frequent attendance to these meetings. Therefore, officers must endeavour to do so wherever possible. If required, they would need to seek the guidance from the appropriate agencies. In addition, the officers would need to ensure that the validity of the multiple entry visa remains based on the facts of the case.
Category of Participants to Cospas-Sarsat Meetings in Canada | Cospas-Sarsat Applicable Immunities Relevant to Citizenship and Immigration Canada (CIC) | Impact on the Immigration and Refugee Protection Act (IRPA) |
“Representatives” of the Cospas-Sarsat Secretariat
Officers would consider France, Russia, USA and Canada as the only parties to the International Cospas-Sarsat Program Agreement. As such, only these individuals would have the cover accorded to Representatives. Representatives could include:
| Article IV Section 11 (d) of the UN Convention and as set out in Schedule III of the Foreign Missions International Organisations Act (FMIOA)
Subsection 5 (4) of the Foreign Missions International Organisations Act (FMIOA)
Paragraph 10 (d) – of the Arrangement between Canada, the Republic of France, the Russian Federation and the United States of America regarding the headquarters of the International Cospas-Sarsat Programme applies. | Officers would need to issue a Temporary Resident Visa (TRV) to applicants who meet the criteria and require a visa to come to Canada.
In this situation, officers would not issue a Temporary Resident Permit (TRP). This is applicable even if the applicants are likely inadmissible under any one of the sections 33 to 43 of the Immigration and Refugee Protection Act (IRPA).
In case officers issue a Temporary Resident Permit (TRP) to an applicant, then they would need to follow the guidelines specified in Section 15 of OP 1.
Procedure: High-profile, contentious and sensitive cases
Officers would need to indicate that an Order under the Foreign Missions International Organisations Act (FMIOA) covered the individual along with mentioning the name of the event
Special Events Code: 13SCSC
Fee Exemption code: A-01 R296 (2) (a)
Type of Visa: Diplomatic (D-1) or Official (O-1)
Duration of Visa: Multiple entry (as appropriate)
Security Screening Procedures: Officers would need to follow the security screening procedures. In particular, they would need to follow the procedures specified in the Foreign Missions International Organisations Act (FMIOA). In addition, they would need to do this in conjunction with the existing high-profile notifications, as required. |
Foreign Missions International Organisations Act (FMIOA) Coding at Missions and Ports of Entry for “Representatives” and “Officers”
| ||
“Experts” from non-member countries and participating organisations
According to the Cospas-Sarsat Order, under the Foreign Missions International Organisations Act (FMIOA) an expert denotes an individual, who is neither a representative of a member state nor an official.
Rather, an expert is someone from a state or an organisation, which has an official association with the Cospas-Sarsat Programme and, who is attending official meetings or conferences of the organisation.
Experts could come from states, governments and intergovernmental and non-governmental organisations.
Therefore, officers would need to consult the Cospas-Sarsat website. Here, the officers would be able to find a complete list of participants that belong to this category. In addition, the Special Events Notice provides more specific information on the invitees. | Section 16 of the Cospas-Sarsat Order under the Foreign Missions International Organisations Act (FMIOA) provides certain immunities to “experts” participating in the above-mentioned meetings.
However, officers would need to note that experts are not exempt from immigration restrictions. | Regular processing procedures apply
Subject to a Temporary Resident Visa (TRV) or a Temporary Resident Permit (TRP) (if applicable)
Special Events Code: 13SCSC
Fee Exemption code:
Temporary Resident Visa (TRV) A-01 R296 (2) (a) or A-06 R296 (2) (e)
Temporary Resident Permit (TRP) M-10 R298 (2) (a) or (d), if the applicant meets the criteria
Type of Visa: Official (O-1), as required
Duration of Visa: Multiple entry (as appropriate)
Security Screening Procedures: Officers would need to follow the expedited security screening procedures. In addition, they would need to use the existing high-profile notifications, as required. |
The authorities have assigned the Special Events (SE) code for all meetings hosted by Cospas-Sarsat in 2013. Therefore, visa officers would need to input the Special Events (SE) code in the Global Case Management System (GCMS). Other officers and staff would use this subsequently for statistical collection purposes.
Situations could arise where officers remain unsure of which individuals the Foreign Missions International Organisations Act (FMIOA) covers. Alternatively, officers might have questions concerning the information specified above.
For obtaining the appropriate information, officers would need to contact their geographic desk. In addition, the officers would also need to cc the Special Events Unit at [email protected].
Similarly, officers could also have questions related to the processing fees for these participants. To obtain answers to their queries, the Finance Branch has directed the officers to send their queries to [email protected]. In addition, the officers would also need to cc the Special Events Unit at [email protected].
Lastly, officers would also need to check out the Special Events Intranet site. This site contains a detailed version of the above-mentioned table. It also includes links to reference documents.
Source: Citizenship and Immigration Canada (CIC)
- Published in 2013
Special Events – Specific Directives for Processing Foreign Mission and International Organizations Act (FMIOA) Temporary Resident Visa Applications for the Forum Mondial de la Langue Française (SE Code 12FMLF)
Operational Bulletin 382 – January 31, 2012
Special Events – Specific Directives for Processing Foreign Mission and International Organizations Act (FMIOA) Temporary Resident Visa Applications for the Forum Mondial de la Langue Française (SE Code 12FMLF)
Issue
This Operational Bulletin (OB) contains information and processing instructions for the participants of the Forum Mondial de la Langue Française (FMLF).
Participants would need to note that the officers might process some of the participant applications under the Foreign Mission and International Organisations Act (FMIOA). However, regular processing procedures would apply to other participants. Thus, these participants would also need to pay the appropriate processing fee.
Background
Quebec City will host the Forum Mondial de la Langue Française (FMLF). This event will take place from July 02 to July 06, 2012. The Organisation International de la Francophonie (OIF) has been the main organiser of this forum. The Government of Quebec has extended the cooperation due for organising this event as well. In addition, the Government of Quebec has also taken on the responsibility of hosting this forum.
The Forum Mondial de la Langue Française (FMLF) is open to delegates from all countries. As such, it does not merely remain open to Francophonie member and observer countries. The registration for this forum will take place from December 01, 2011 to February 01, 2012. However, the organisers are aware that there might be some instances of late registrations. Therefore, they are anticipating extending the registration period until April 01, 2012.
For the most part, the Forum Mondial de la Langue Française (FMLF) remains directed at members of the civil society. This is particularly so because many of these individuals might come from non-member countries of the Francophonie.
A permanent Order in Council covers the Organisation International de la Francophonie (OIF). This is in accordance with the Foreign Mission and International Organisations Act (FMIOA).
The organisers expect several member and observer countries to participate in the Forum Mondial de la Langue Française (FMLF). The table below highlights these participants.
Organisation International de la Francophonie (OIF) Member Countries | Organisation International de la Francophonie (OIF) Observer Countries |
Benin, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Comoros, Congo, Democratic Republic of Congo, Côte d’Ivoire, Djibouti, Gabon, Ghana, Guinea, Guinea Bissau, Equatorial Guinea, Madagascar, Mali, Mauritius, Niger, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Chad, Togo, Egypt, Lebanon, Morocco, Mauritania, Tunisia, Dominica, Haiti, St. Lucia, Cambodia, Laos, Vanuatu, Vietnam, Albania, Andorra, Armenia, Belgium, Bulgaria, Cyprus, French Community of Belgium, Former Yugoslav Republic of Macedonia, France, Greece, Luxembourg, Moldova, Monaco, Romania and Switzerland | Mozambique, UAE, Dominican Republic, Georgia, Thailand, Austria, Bosnia and Herzegovina, Croatia, Estonia, Hungary, Latvia, Lithuania, Montenegro, Poland, Czech Republic, Serbia, Slovakia, Slovenia and Ukraine |
The Processing Procedures
The Processing Procedures for “Representatives” and “Officials” of the Organisation International de la Francophonie (OIF) Under the Foreign Mission and International Organisations Act (FMIOA)
The authorities have granted certain privileges and immunities to the following individuals attending the Forum Mondial de la Langue Française (FMLF).
- “Representatives” of member and observer countries and spouses and,
- “Officials” of the organisation and spouses
These individuals have various entitlements to immunities and privileges. Order SOR-88-574 contains detailed provisions concerning these immunities and privileges.
The privileges and immunities provided to these individuals, which have a particular relevance to Citizenship and Immigration Canada (CIC), are:
- “Representatives” – under Article IV section 11 (d) of the Convention on Privileges and Immunities of the United Nations and,
- “Officials” – under Article V section 18 (d) of the Convention on Privileges and Immunities of the United Nations
Schedule III Section 5 of the Foreign Mission and International Organisations Act (FMIOA) also lists these rights and privileges. The Foreign Mission and International Organisations Act (FMIOA) provides further details on this. It specifies that these individuals enjoy “exemption in respect of themselves and their spouses from immigration restrictions”.
Based on these immunities and privileges, the authorities will not issue “representatives” and “officials” a Temporary Resident Permit. Instead, they would need to issue an official 0-1 Temporary Resident Visa (TRV) to these “representatives” and “officials”. This is despite the fact that some of these “representatives” and “officials” could be inadmissible. Sections 33 – 43 of the Immigration and Refugee Protection Act (IRPA) lay down the details under which the authorities can deem visitors to Canada as being inadmissible.
In short, all individuals belonging to the following classifications will have, at the barest minimum, immunity from immigration restrictions:
- All “representatives” and family members of states and governments that are members or observer countries of the Organisation International de la Francophonie (OIF) and,
- All “officials” and family members of the Organisation International de la Francophonie (OIF)
The organisers are expecting approximately 50 “officials” of the Organisation International de la Francophonie (OIF) to take part in the Forum Mondial de la Langue Française (FMLF). They will be taking part in various capacities. Therefore, the organisers are coordinating arrangements with the mission in Paris. They expect the mission to liaise with the Organisation International de la Francophonie (OIF) officials. This would help in facilitating the processing of any visa that the employees of the Organisation International de la Francophonie (OIF) might require.
The authorities would need to issue all visa applications for participants to Foreign Mission and International Organisations Act (FMIOA) expeditiously. In addition, the authorities would need to issue these visa applications without charges or restrictions. In other words, the authorities mandate that the visa requirement in itself must not become a hindrance with regards to the person’s travel and entry into Canada. The fee exemption code provided is A01 (R296 (2) (a)).
The Regular Processing Procedures for Other Applicants not Covered by Foreign Mission and International Organisations Act (FMIOA)
The authorities would need to note that the delegates from the following group have entitlements to certain exemptions. For example, they are entitled to a Temporary Resident Visa (TRV) or a Temporary Resident Permit (TRP) processing fee exemption. This is in accordance with the following provisions specified in the Immigration and Refugee Protection Act (IRPA):
- Exemption Code A01 (R296 (2) (a)) or,
- Exemption Code M10 (R298 (2) (a))
There are various delegates and family members attending the Forum Mondial de la Langue Française (FMLF). These individuals would be representing intergovernmental organisations and government officials (and family members) of invited countries. However, these individuals might not be holding any status in the Organisation International de la Francophonie (OIF). The countries participating in the Forum Mondial de la Langue Française (FMLF) but belonging to this category include:
- Algeria
- Argentina
- Australia
- Brazil
- China
- Columbia
- Chile
- India
- Italy
- Japan
- Mauritania
- Poland
- Portugal
- Spain
- South Africa
- The United Kingdom and,
- The United States of America
Officers would also need to note that certain delegates are not entitled to a Temporary Resident Visa (TRV) processing fee exemption. This is in accordance with the following provisions specified in the Immigration and Refugee Protection Act (IRPA). These delegates include:
- Delegates representing an institution or Non Government Organisation (NGO) i.e. university president, lecturer, teachers’ associations, school teachers
- Individual Participants i.e. members of the civil society (this especially includes individuals interested in the French language and culture or actively involved at the community level on related issues) and,
- The organisers expect approximately 1,000 individuals belonging to this segment to participate in the Forum Mondial de la Langue Française (FMLF)
- About 40 percent of these participants will be in the 18 – 30 year age group
- Some of these participants might require financial assistance
- The break-up of these 1,000 participants comprises:
- Africa – 280 participants
- Asia – 50 participants
- The Caribbean – 280 participants
- Europe – 250 participants
- Media Representatives i.e. journalists, photographers, camera operators, technicians etc.
- The organisers expect approximately 60 individuals belonging to this segment to participate in the Forum Mondial de la Langue Française (FMLF)
- The break-up of these 60 participants comprises:
- Africa – 15 participants
- Asia – Three participants
- The Caribbean – 30 participants
- Europe – 12 participants
Other Necessary Information on the Forum Mondial de la Langue Française (FMLF)
The Registration Process at the Forum Mondial de la Langue Française (FMLF)
The authorities would require that all participants in the Forum Mondial de la Langue Française (FMLF) register themselves. A selection committee would vet all registration applications for the Forum Mondial de la Langue Française (FMLF). They would also vet the registration applications received from members of the civil society. This selection committee will comprise:
- Representatives of the Commissioner General of the Forum and,
- A representative of the Quebec Government
Information Concerning the Media Representatives
There will undoubtedly be several members of the media, wishing to come to Canada, for reporting on the Forum Mondial de la Langue Française (FMLF). The authorities would require each of these members to follow an accreditation process. The authorities would evaluate the credentials of each of these individuals. Thereafter, they would issue a personalised letter to the approved media representatives. This letter will confirm the participation of the approved media representatives at the Forum Mondial de la Langue Française (FMLF).
The Letters of Invitation or Confirmation
The authorities would issue a letter of invitation to each individual participating in the Forum Mondial de la Langue Française (FMLF). However, participants would need to note that each individual would receive a letter of invitation. The authorities would not issue letters of invitation to a delegation. Therefore, each individual applying for a visa would need to have an invitation letter addressing the person specifically. This letter of invitation would serve as a confirmation of participation in the Forum Mondial de la Langue Française (FMLF) for that individual.
Some participants would also receive financial assistance for participating in the Forum Mondial de la Langue Française (FMLF). The letter of invitation for these individuals would include these details as well.
Spouses
The program for the Forum Mondial de la Langue Française (FMLF) does not include any activities specifically meant for spouses. However, the organisers expect some spouses to accompany the following individuals during their trip to Canada:
- Delegates representing governments of member countries and,
- Organisation International de la Francophonie (OIF) officers
Delegates would need to note that the organisers will not be providing any funding for spouses attending the Forum Mondial de la Langue Française (FMLF).
Foreign Mission and International Organisations Act (FMIOA) Security Screening and Advising National Headquarters (NHQ) for “Representatives” and “Officials” (and Spouses)
As mentioned earlier, the Foreign Mission and International Organisations Act (FMIOA) accords certain specific privileges and immunities to applicants. These privileges apply only to “representatives” and “officials”. Therefore, missions no longer need to send these applications for security screening to the Canada Border Services Agency (CBSA).
However, missions would need to send an e-mail notification to the Canada Border Services Agency (CBSA). The e-mail must specify that the authorities have granted a Temporary Resident Visa (TRV) to these applicants. It must also mention why the authorities have done this. For example, they must specify that the authorities did this in accordance with the provisions specified in the Foreign Mission and International Organisations Act (FMIOA). Therefore, the e-mail must conclude, the missions are sending the e-mail. This e-mail would enable the Canada Border Services Agency (CBSA) to alert its security screening partners.
The missions would need to send these e-mails to the generic inbox – [email protected]. These e-mails must contain the following information:
- The full name and date of birth of the applicant
- The event the applicant is attending, along with the dates and,
- The notification that the person has cover under the provisions of the Foreign Mission and International Organisations Act (FMIOA) Order
Situations could arise where the applicants might apply in the future, under different circumstances. For example, these applicants might apply using non Foreign Mission and International Organisations Act (FMIOA) applications. In this scenario, the authorities would need to refer these applications to the Canada Border Services Agency (CBSA). They would do so via the Global Case Management System (GCMS). The Canada Border Services Agency (CBSA) would take care of the security screening for these applicants. This is in accordance with the indicators specified in the Immigration Classified 2 manual.
In addition, situations could arise where the authorities need to admit an inadmissible applicant to Canada. This might have a significant impact on the security of Canada. In these situations, the officers would need to send a copy of the application to their respective geographic desks. Moreover, the officers would also need to consult the Case Management Branch about these kinds of cases. They could do so by sending an e-mail to [email protected].
The Coding at Missions and at Ports of Entry
- The Special Events Code for this event is 12FMLF
- The authorities have uploaded this Special Events Code in the Global Case Management System (GCMS)
- Therefore, officers would need to insert this Special Events Code as it is a prescribed requirement
- The Statistics Unit of the Operational Management and Coordination Branch would be preparing periodic reports for briefing the management
- Therefore, the organisers have included the Special Events Code in the letter of invitation
- They have done so to enhance the ease of reference for the officers
- The coding applicable for participants covered by the Foreign Mission and International Organisations Act (FMIOA):
- The officers would need to insert a note in the Global Case Management System (GCMS)
- They would do this if they processed the case under the provisions of the Foreign Mission and International Organisations Act (FMIOA)
- The officers would need to mention the notation “Foreign Mission and International Organisations Act (FMIOA)” on the Temporary Resident Visa (TRV) by hand, if applicable
- Situations could arise where the provisions of the Foreign Mission and International Organisations Act (FMIOA) enable an inadmissible person to come to Canada with a Temporary Resident Visa (TRV) despite the fact that the applicant might well be inadmissible under the Immigration and Refugee Protection Act (IRPA) guidelines
- In these situations, the officers would need to place the appropriate notes in the Global Case Management System (GCMS)
- The note must mention:
- “The applicant is indeed inadmissible under section X of Immigration and Refugee Protection Act (IRPA), but his/her visit falls under the purview of the Foreign Missions and International Organizations Act”
Despite all these instructions, other situations might arise. These situations might bring forth a slew of questions among officers. Therefore, officers would need to send an e-mail to [email protected]. They could send their questions to this e-mail address. In addition, they would need to mark a copy of this e-mail to their geographic desk as well.
Source: Citizenship and Immigration Canada (CIC)
- Published in 2012
New Temporary Resident Visa Requirement for Botswana, Namibia, Saint Lucia, Saint Vincent and the Grenadines and Swaziland
Operational Bulletin 464 – September 11, 2012
New Temporary Resident Visa Requirement for Botswana, Namibia, Saint Lucia, Saint Vincent and the Grenadines and Swaziland
Background
By law, all visitors to Canada require a Temporary Resident Visa (TRV). There is only one exception to this. This exception governs the citizens of those countries, to whom the authorities have granted an exemption. The visa requirements for travellers to Canada represent the country’s first line of defence. They help in maintaining the:
- Health of Canadian citizens
- Safety of Canadian citizens and,
- Security of Canadian citizens
Canada’s visa policy decisions revolve around a country-by-country assessment of:
- The established visa review criteria and,
- The established visa review thresholds
The Current Status
Recently, an Order in Council amended paragraph 190 (1) (a) of the Immigration and Refugee Protection Regulations (IRPR). This amendment removed the names of the following countries from the list of countries, whose nationals have an exemption from the requirement of having to obtain a Temporary Resident Visa (TRV) before they travel to Canada:
- Botswana
- Namibia
- St. Lucia
- St. Vincent and the Grenadines and,
- Swaziland
This amendment to the Immigration and Refugee Protection Regulations (IRPR) comes into effect on September 11, 2012 at 0001 hrs Eastern Daylight Time (EDT). Prior to this amendment, these citizens of Botswana, Namibia, St. Lucia, St. Vincent and the Grenadines and Swaziland required a Temporary Resident Visa (TRV) for:
- Becoming temporary residents and,
- Obtaining authorised entry into Canada
The coming into force of this amendment has brought about certain changes. Hereafter, overseas offices would need to process applications for Temporary Resident Visas (TRVs) by nationals of:
- Botswana
- Namibia
- St. Lucia
- St. Vincent and the Grenadines and,
- Swaziland
In addition, applicants would need to submit applications for Temporary Resident Visas (TRVs). They would also submit the specified processing fee along with the application, if the applicant is a citizen of:
- Botswana
- Namibia
- St. Lucia
- St. Vincent and the Grenadines and,
- Swaziland
This is in accordance with the specifications mentioned in the Immigration and Refugee Protection Regulations (IRPR).
Transactional Instructions
If citizens of Botswana, Namibia, St. Lucia, St. Vincent and the Grenadines and Swaziland has:
- Valid work or study permits, which they have not yet used for entering Canada:
- The officers would need to instruct them to send their original letters back to the visa office, along with their passports, via the mission website
- Thereafter, the officers would:
- Re-open the file
- Issue a new letter and,
- Place a counterfoil in the passport
- The officers would not levy any additional fee
- The officers would use cost recovery code M09 and add a note to the file with an explanation as to why the authorities have waived the fees
- Valid work or study permits, which they have used for entering Canada OR valid temporary resident status and they have left Canada to go anywhere other than the United States or Saint-Pierre and Miquelon:
- The applicants would need to submit a completed Temporary Resident Visa (TRV) application and,
- The applicants would also need to pay the usual Temporary Resident Visa (TRV) processing fees as applicable
- Valid work or study permits, which they have used for entering in Canada AND they plan to remain in Canada
- The authorities would enable the applicants to continue working or studying according to the validity of their permits
Port of Entry Instructions
The authorities have issued certain instructions to the port of entry officers. These instructions authorise the port of entry officers to provide a 48-hour transition period. During this transition period, the port of entry officers would need to accommodate citizens of the affected countries, who:
- Seek entry into Canada and,
- Were in transit at the time the amendment of the Immigration and Refugee Protection Regulations (IRPR) came into effect
This transition period starts from September 11, 2012 0001 hrs Eastern Daylight Time (EDT). It concludes on September 12, 2012, 2359 hrs Eastern Daylight Time (EDT).
Therefore, the officers would usually conduct examinations of foreign nationals from:
- Botswana
- Namibia
- St. Lucia
- St. Vincent and the Grenadines and,
- Swaziland
During this transition period, these officers would provide these foreign nationals with Temporary Resident Permits (TRPs), if the foreign nationals:
- Were in transit to Canada before September 11, 2012 at 0001 hrs Eastern Daylight Time (EDT) and sought to enter Canada before September 12, 2012 at 2359 hrs Eastern Daylight Time (EDT)
- Are not in possession of valid and subsisting Temporary Resident Visas (TRVs) and,
- Are not otherwise inadmissible
Thus, the officers would be able to allow various people meeting the specifications prescribed to enter Canada. In this scenario, the officers would issue all people they allow entry to, with a fee-exempt Temporary Resident Permit (TRP). They would print this Temporary Resident Permit (TRP) on form IMM 1442. They would also enter the cost recovery code as “M25” in the Field Operations Support System (FOSS).
Source: Citizenship and Immigration Canada (CIC)
- Published in 2012
