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Русский 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 (TRV) | Outside | Yes |
Application for Temporary Resident Visa (TRV) | 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 | No |
Application for a Study Permit | Outside | Yes |
Application for a Study Permit – Renewal, Extension | Inside | No |
Application for Restoration of Status | Inside | No |
Application for a Temporary Resident Permit (including subsequent Temporary Resident Permit applications) | Inside or outside | No
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 | Yes
Refer to Assessing permanent resident visa applications for instructions |
Applications for Permanent Residence in the Economic and Family Classes (including international adoption) | Inside | No
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 for permanent residence in Canada, REF-CDA, and their overseas dependents, DR2; and overseas refugees, REF-OVS) | Inside or outside | No |
Application for Permanent Residence on Humanitarian and Compassionate Grounds | Inside or outside | No
There is no separate application for humanitarian and compassionate cases from people applying from outside Canada; individuals requesting humanitarian and compassionate grounds outside Canada would need to do so in writing within the context of a permanent resident (PR) application for one of the existing immigration classes i.e. economic, family or refugee |
Officers must note that the Ministerial Instructions (MIs) do not apply to:
- In-Canada refugee claims
- Pre-removal Risk Assessments (PRRA)
- 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
In addition, the Ministerial Instructions (MIs) do not apply to sponsorship applications. However, officers could obtain special instructions concerning these types of applications in the section titled ‘Assessing permanent resident visa applications’.
Source: Citizenship and Immigration
- Published in 2015
