Operational Instructions


Monitoring Conditions for Quebec-Selected Entrepreneurs - Operational Bulletin 256 - December 23, 2010

Issue
This Operational Bulletin (OB) is a follow up to OB 161 and provides instructions to immigration officers with respect to the monitoring of entrepreneurs selected by Quebec on or after October 16, 2006, who are now residing and reporting on compliance with conditions in a province other than Quebec.
Background
Effective October 16, 2006, Quebec instituted its own conditions pursuant to subsection 98(2) of the Immigration and Refugee Protection Regulations. As of that date, an entrepreneur selected by Quebec is required to sign a declaration acknowledging and committing to meet the conditions imposed by Quebec (refer to Annex I).
Officers in other regions have noted that Quebec-selected entrepreneurs admitted to Canada under these Quebec-specific conditions are reporting for monitoring at Citizenship and Immigration Canada (CIC) inland offices outside of Quebec.
The conditions imposed by Quebec include a requirement to operate and actively participate in the daily operations of a business in Quebec. An entrepreneur who is not operating a business in Quebec cannot comply with these conditions, but may have operated and actively participated in the daily operations of a business in another province or territory.
For further reading, please visit following webpage:

Regulatory Change: Certificat de sélection du Québec Validity for Economic Class Applicants Selected by Québec - Operational Bulletin 302 - April 13, 2011

Issue
On April 1, 2011, the Ministère de l’Immigration et des Communautés culturelles implemented a regulatory change to section 15.1 of the Règlement sur la sélection des ressortissants étrangers affecting the validity of CSQs for economic immigrants selected by the province of Québec.
Background
Before this regulatory change, economic immigrants who had applied for and received a CSQ were required to submit an application for permanent residence to a visa office overseas within the 12 month period following the date of CSQ issuance. If an economic immigrant selected by Québec failed to apply for permanent residence within that 12 month period, the CSQ would become null and void.
However, under this regulatory change, effective April 1, 2011, economic immigrants who have been selected by Québec and received a CSQ are no longer obliged to submit an application for permanent residence within 12 months of the date of CSQ issuance. Therefore, the CSQ no longer becomes null and void simply because an economic immigrant did not submit an application for permanent residence within the 12 month period following the date of CSQ issuance.
For further reading, please visit following webpage:

Change in Procedures for Processing Quebec Family Class Applications - Operational Bulletin 295 - April 13, 2011

Summary
This Operational Bulletin (OB) will provide information on the change in procedures for Quebec family class applications that are being implemented by the QuebecMinistère de l’Immigration des Communautés culturelles (MICC) on March 25, 2011. These changes apply when a sponsor lives in the province of Quebec, or abroad, where applicable, and meets the federal requirements to sponsor a member of the family class.
Issue
The purpose of this OB is to provide operational instructions on the change in procedures being implemented by the MICC for family class applications. Effective March 25, 2011, the change applies when a sponsor is living in Quebec and meets the federal requirements to sponsor a member of the family class. It also applies when the sponsor is a Canadian citizen residing outside of Canada, sponsoring a spouse, partner and/or dependent child who intends to reside in Quebec upon return to Canada.
For further reading, please visit following webpage:

Processing of Work Permit Applications for Temporary Foreign Workers in Quebec - Operational Bulletin 287 - April 14, 2011

Summary
Quebec Law governing the Certificat d’acceptation du Québec (CAQ) for foreign nationals has changed. Effective April 1, 2011, it is no longer a requirement for foreign nationals working on a temporary basis in Quebec to work solely for the employer named on the CAQ.
Issue
The purpose of this Operational Bulletin is to provide instructions to Citizenship and Immigration Canada (CIC) and the Canada Border Services Agency officers on the processing of Work Permit (WP) applications for temporary agricultural workers in Quebec after amendments to the Regulations pursuant to the Quebec « Loi sur l’immigration », to be implemented on April 1, 2011.
For further reading, please visit following webpage:

Processing of Work Permit Applications for Temporary Foreign Workers in Quebec - Operational Bulletin 287B - May 12, 2011

This replaces the version of OB 287 issued on April 14th, 2011.
Summary
The purpose of this Operational Bulletin (OB) is to provide instructions to Citizenship and Immigration Canada (CIC) and Canada Border Services Agency officers on the processing of Work Permit (WP) applications for temporary foreign workers coming to work in the province of Quebec.
Issue
On April 1, 2011, amendments to the Règlement sur la sélection des ressortissants étrangers (regulations on the selection of foreign nationals coming to work in the province of Quebec), came into effect.
For further reading, please visit following webpage:

New Work Permit Access for Graduates of Recognized Public/Private Secondary Schools and Private Post-Secondary Institutions in Québec - Operational Bulletin 390 - February 24, 2012

Summary
Effective immediately, the Post-Graduation Work Permit Program (PGWPP) has been expanded to include international students who have graduated from:
  • Approved vocational and professional programs of eight months or longer at recognized public and private secondary institutions in Québec; AND
  • Approved vocational and professional programs of eight months or longer at recognized private post-secondary institutions in Québec.
For further reading, please visit following webpage:

MICC will no longer issue CAQs for unpaid internships in Québec - Operational Bulletin 403 - April 5, 2012

Summary
This Operational Bulletin provides instructions to Citizenship and Immigration Canada (CIC) and Canada Border Services Agency (CBSA) officers for the processing of work permit (WP) applications for temporary foreign workers, specifically for applicants seeking unpaid internships in Quebec.
Background
Under Section 2 of the Immigration and Refugee Protection Regulations (IRPR), work is defined as an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market.
Under the IRPR, an unpaid activity may constitute work in Canada, and in the absence of a WP or Labour Market Opinion (LMO) exemption, foreign nationals who wish to undertake such an activity must obtain an LMO in order to obtain a WP.
Under the Canada-Quebec Accord, Quebec’s consent is required before any temporary foreign worker can be admitted to work in Quebec. The same principle of concurrence is required for all LMOs submitted by employers seeking to hire foreign workers to undertake work in Quebec. Under paragraph 200(3)b) of the IRPR, aCertificat d’acceptation du Québec (CAQ) is required for aWP to be issued.
For further reading, please visit following webpage:

Change in Procedures for Processing Quebec Family Class Applications – Modified - Operational Bulletin 295-A - May 7, 2012

Summary
This Operational Bulletin (OB) provides information on the change in procedures for Quebec family class applications that were implemented by the Quebec Ministère de l’Immigration des Communautés culturelles (MICC) on March 25, 2011. These changes apply when a sponsor lives in the province of Quebec, or abroad, where applicable, and meets the federal requirements to sponsor a member of the family class.
Issue
The purpose of this OB is to provide operational instructions on the change in procedures being implemented by the MICC for family class applications. Effective March 25, 2011, the change applies when a sponsor is living in Quebec and meets the federal requirements to sponsor a member of the family class. It also applies when the sponsor is a Canadian citizen residing outside of Canada, sponsoring a spouse, partner and/or dependent child who intend to reside in Quebec upon return to Canada.
For further reading, please visit following webpage:

Centralized Intake of Federal Self-employed Persons Class and Quebec Business Class Applications - Operational Bulletin 430 - May 31, 2012

Issue
Effective May 29, 2012, all applications for permanent residence in the Federal Self-employed Persons Class and the Quebec Business Class must be submitted to the Centralized Intake Office (CIO) in Sydney, Nova Scotia. Quebec Business Class includes Quebec selected Entrepreneur, Investor and Self-Employed applications.
Background
Centralized intake of Federal Self-employed and Quebec Business applications will add to the business lines already centralized at the CIO: Federal Skilled Workers (November 2008), Federal Immigrant Investors (July 2011), Provincial Nominee (December 2011), Quebec Skilled Workers (December 2011), and Canadian Experience Class (December 2011).
For further reading, please visit following webpage:

LMO-exempt work permit renewals or extensions for some CSQ holders currently in Quebec - Operational Bulletin 420 - June 1, 2012

Summary
Effective as of the date of this publication, Quebec’sministère de l’Immigration et des Communautés culturelles(MICC) is implementing provisions that will allow some work permit (WP) holders, who are present in Quebec, to submit an application to renew or extend their work authorizations in Canada without the employer having to obtain a labour market opinion (LMO) from Human Resources and Skills Development Canada/Service Canada (HRSDC/SC) and MICC.
This process is only possible when an application for permanent residence (PR), submitted under the Quebec Skilled Worker category, is in process.
For further reading, please visit following webpage:

Consideration of R205a) for NOC OAB Francophones destined outside of Quebec - Operational Bulletin 429 - June 1, 2012

Summary
This Operational Bulletin provides additional guidance to Citizenship and Immigration Canada’s (CIC) and Canada Border Services Agency’s (CBSA) officers for the processing of work permit (WP) applications for francophone temporary foreign workers (TFW) entering occupations with National Occupational Classification (NOC) O, A and B, destined outside of Quebec who have been recruited through Destination Canada or other employment events coordinated with the federal government and francophone minority communities.
Background
As per the FW 1 Temporary Foreign Worker Manual, section 5.29, in assessing significant or cultural benefit, the foreign national’s proposed benefit must be significant, meaning it must be important or notable.
The Canadian interest in the case of francophone foreign nationals destined outside of Quebec is based on Section 3(1)(b) of IRPA – to enrich and strengthen the social and cultural fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada, and subparagraph 3(1)(b)(i) of IRPA to support and assist the development of minority official languages communities in Canada.
A high-skilled foreign national destined to provinces or territories other than Quebec, when it is assessed that the individual’s level of French language capacity is such that they can work and/or contribute to the community in French may be considered under R205 a).
For further reading, please visit following webpage:


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