Officers of the CIO would need to consider the date on which the CIO received the FSW, FST and CEC applications. Therefore, the CIO would consider all FSW, FST and CEC applications based on their dates of receipt. This would help the CIO staff calculate the overall and occupation-specific caps. This is in accordance with the existing routine office procedures.
The twelfth set of Ministerial Instructions i.e. MI12 does not apply to FSW, FST and CEC applications received before May 01, 2014 by the CIO. Therefore, the CIO would continue processing all FSW, FST and CEC applications received prior to May 01, 2014 as per:
- The specific program requirements and,
- The Ministerial Instructions applicable at the time the CIO received the application
The CIO would receive FSW, FST and CEC applications on or after May 01, 2014. Thus, it would need to assess these applications against the criteria specified in MI12. This would help the officers at the CIO gauge whether the application is eligible so that they could process it. The CIO would make a final determination of the eligibility for processing of the application.
In some situations, the applications could receive a negative eligibility from the CIO. In these circumstances, the CIO would:
- Return the application the applicant and,
- Not collect the appropriate fees from the applicant
In case the CIO determines that an application has a positive eligibility:
- The CIO would place the application into the processing queue and,
- The applicant would not be eligible for a refund any longer
Each application placed by the CIO for processing would still need to meet the eligibility criteria. Therefore, all applications would need to meet the requirements of:
- The FSW Program
- The FST Program
- The CEC Program and,
- All other applicable requirements under the IRPA
Source: Citizenship and Immigration