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 38^th 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 38^th Session of the Assembly. The 38^th 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 38^th 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 38^th 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)