The Process for Determining Admissibility

Appendix A – The Process for Determining Admissibility

The processing office will assess whether the applicant is a member of the Federal Skilled Worker Class or not. They will do this evaluation in respect of the provisions specified in R75. Once the processing office deems that the applicant is a member of the Federal Skilled Worker Class, the principal applicant and the applicant’s family members would need to complete the medical examinations listed below (if required). Thereafter, they would need to pass the criminal and security checks. It is worth noting that these requirements apply to all family members of the applicant, whether they are accompanying the applicant or not.

Officers might require further information about determining admissibility. For this, they would need to refer to ENF 2 / OP 18 – Evaluating Inadmissibility.

Immigration Medical Examination (IME)

A medical examination includes any or all of the following:

• A physical examination
• A mental examination
• A review of past medical history
• Laboratory tests
• Diagnostic tests and,
• A medical assessment of records concerning the applicant

This is in accordance with the provisions specified under R29 – with special reference to paragraph A16 (2) (b).

Who needs to submit to an Immigration Medical Examination (IME)?

The following individuals would need to submit to an Immigration Medical Examination (IME):

• Permanent resident applicants
• Temporary residents and,
• Refugees

What are the various medical exemptions?

The authorities provide the following exemptions:

• Exemptions from undergoing an Immigration Medical Examination (IME) and,
• Exemption from inadmissibility on the grounds of excessive demand

How does one issue medical instructions?

The authorities have put in place various procedures for issuing medical instructions and upfront medical exams.

Who can perform an Immigration Medical Examination (IME)?

Typically, the authorities permit panel physicians to perform an Immigration Medical Examination (IME). In some circumstances, non-panel physicians also have the authority to perform an Immigration Medical Examination (IME) [dispensation].

How does one submit medical information?

Typically, the submission of medical information could take place via the following formats:

• Electronically i.e. eMedical and,
• Paper submissions

Making a Final Decision – Approving the Application

The authorities would need to send the Confirmation of Permanent Residence (CoPR) and the permanent resident visa (if applicable) to the applicant’s address outside of Canada. This is applicable in case the applicant is living outside of Canada.

Situations could arise where officers come across applicants who have passports issued by a visa exempt country. Officers would need to refer to the list of visa exempt countries identified in:

• R190 (1) (a)
• R190 (1) (b)
• R190 (2) (b) to R190 (2) (f) or,
• R190 (2) (i)

In this scenario, the officers would need to ensure that they do not issue a permanent resident visa counterfoil to these applicants. However, they have the authority for requesting to see the applicant’s original passport in these situations.

Approved applicants would need to present their Confirmations of Permanent Residence (CoPRs) and permanent resident visa counterfoils (if applicable) to an officer at a Canadian port of entry. This is in accordance with the provisions specified under R71.1 (1).

In case an officer approves an application from a temporary resident in Canada, who is also a member of a class referred to in the provisions specified under R70 (2) (a) or R70 (2) (b), the officer would need to:

• Send the Confirmation of Permanent Residence (CoPR) and the permanent resident visa counterfoil (if applicable) to the applicant’s address in Canada and,
• Inform the applicant that, to become a permanent resident, the applicant would need to either:
• Present the Confirmation of Permanent Residence (CoPR) and the permanent resident visa counterfoil (if applicable) to an officer at a Canadian port of entry or,
• Contact the Citizenship and Immigration Canada (CIC) Call Centre for requesting an appointment at a local Citizenship and Immigration Canada (CIC) office, along with their family members, if applicable
• This is in accordance with the provisions specified under R71.1 (2)

Making a Final Decision – Refusing the Application

Officers would need to provide all refused applicants in the Federal Skilled Worker Class with a formal refusal letter. The refusal letter would need to:

• Inform the applicant of the immigration class in which the authorities had considered the applicant’s application
• Explain fully to the applicant about the reasons for which the authorities refused the applicant’s application in that particular class and,
• Notify applicants who have paid the Right of Permanent Residence Fee (RPRF) that they are entitled to a refund and provide these applicants with an approximate timeframe for the issuance and receipt of the refund

Source: Citizenship and Immigration