Operational Bulletin 219 – January 09, 2012

The Ministerial Instructions and Canadian Experience Class (CEC) Applications

Issue

The authorities amended the Immigration and Refugee Protection Act (IRPA) on June 18, 2008. The amendment gave the Minister of Citizenship and Immigration certain authorities and powers. One of these enabled the Minister of Citizenship and Immigration to guide Citizenship and Immigration Canada (CIC) officers on the manner in which they would need to process applications and requests.

The Minister of Citizenship and Immigration would need to ensure that CIC officers process requests and applications in a specific manner. The manner in which CIC officers process these applications and requests must support the attainment of the immigration goals prescribed by the Government of Canada.

The Minister of Citizenship and Immigration issued the first set of Ministerial Instructions (MIs) on November 28, 2008. Similarly, the Minister of Citizenship and Immigration issued the second set of Ministerial Instructions (MIs) on June 26, 2010.

These Ministerial Instructions (MIs) have introduced various changes to the requirements of the Canadian Experience Class (CEC). The Canada Gazette contains further details on these Ministerial Instructions (MIs).

The Requirements for Canadian Experience Class (CEC) Applications

Citizenship and Immigration Canada (CIC) offices will receive various Canadian Experience Class (CEC) applications. The officers would need to ensure that the results of the principal applicant’s English or French language proficiency assessments (refer to Note) accompany these applications. This is applicable for all Canadian Experience Class (CEC) applications received on or after June 26, 2010.

Officers might come across Canadian Experience Class (CEC) applications that do not have these language proficiency results accompanying them. In this scenario, the officers will not consider such applications for processing.

In addition, the officers would need to ensure that the language test results must not be older than one year at the time of application. This is especially so for language test results submitted prior to December 23, 2010.

Officers could come across language test results submitted on or after December 23, 2010. In this case, they would need to ensure that these language test results are not older than two years at the time of application.

The visa office would need to review applications for completeness. This is in accordance with Section 10 of the Immigration and Refugee Protection Regulations (IRPR).

Situations could arise where the visa office comes across applications received on or after June 26, 2010, that do not have any English or French language test results from a designated testing agency accompanying them. In this scenario, the officers would consider such applications as incomplete. Thereafter, the officers would return these applications to the applicants. In addition, they would also return the appropriate fees to the applicants concerned.

The authorities have updated the OP 25 manual.

The officers might want to obtain further information the changes outlined in this OB. To this end, they could contact their supervisors. Alternatively, they could even contact their Regional Program Advisors (RPAs). The Regional Program Advisors (RPAs) would thereafter, need to contact the Operational Management and Coordination Branch (OMC) at: OMC-GOC-Immigration@cic.gc.ca.

Note:

• Visa offices will only accept test results issued by a third party language testing agency designated by the Minister of Citizenship, Immigration and Multiculturalism
• This is in accordance with the guidelines specified in Section 9.6 of OP 25

Source: Citizenship and Immigration Canada (CIC)