Operational Instructions


Operational Bulletins 089 – December 2, 2008

Background

On June 18, 2008, the Immigration and Refugee Protection Act was amended to give the Minister of Citizenship and Immigration authority to issue instructions that would ensure the processing of applications and requests be conducted in a manner that, in the opinion of the Minister, will best support the attainment of immigration goals set by the Government of Canada.

The first set of Ministerial Instructions was issued on November 28, 2008 and came into effect immediately.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2008/ob089.asp


Frequently Asked Questions - Operational Bulletins 093 – December 29, 2008


Further to Operational Bulletin 089 (Ministerial Instructions) which was sent to missions on December 2, 2008, RIM and OMC have been receiving numerous questions regarding C-50 and specific processing situations.

Thank you to everyone who has submitted C-50 enquiries. We have discussed the questions with various branches atNHQ in order to ensure the answers are as comprehensive as possible and have responded to the individual missions.

In order to ensure all missions have the same guidance, RIM and OMC have prepared the following list of Frequently Asked Questions to clarify the issues you may have.

Please continue to submit your questions as we continue to refine the C-50 guidelines and instructions in the manual. Other branches at NHQ will be consulted in order to ensure that the responses provided are comprehensive. Subsequent messages responding to FAQs will follow in the coming weeks.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2008/ob093.asp


Canadian English Language Proficiency Index Program (CELPIP) - Operational Bulletins 094 – January 20, 2009


Background

As of October 10, 2008, Canadian English Language Proficiency Index Program (Canadian English Language Proficiency Index Program (CELPIP) tests are once again acceptable for the purpose of Federal Skilled Workers selection.

Please note that Canadian English Language Proficiency Index Program (CELPIP has not yet been designated as a language-testing agency for the selection of applicants under the Canadian Experience Class (CEC). Canadian English Language Proficiency Index Program (CELPIP test results will not be accepted for CEC until further notice.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob094.asp


Federal Skilled Worker (FSW) Applications – Procedures for Visa Offices - Operational Bulletins 120 – June 15, 2009


Purpose

This operational bulletin provides visa officers with additional guidance on making final determinations of eligibility for processing of federal skilled worker (FSW) files referred from the Centralized Intake Office (CIO) in Sydney.

Background

The Action Plan for Faster Immigration of November 28, 2008 includes Ministerial Instructions (MI) outlining a set of eligibility criteria applying to all new FSW applications received on or after February 27, 2008. The MI enables CIC to keep the federal skilled worker backlog from growing, to reduce wait times and to assess new applications according to Canada’s labour market needs.

CIC has committed to processing eligible applications on a priority basis, with a processing time objective of 6 to 12 months.

In order to meet the goals of the Action Plan, especially the processing time commitments, deadlines must be clear and respected.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob120.asp

 

Application of Dual Intent - Operational Bulletins 131 – July 6, 2009

Background

The Government of Canada has expressed its commitment to attract more international students and temporary foreign workers to Canada, and to tap into this source for the selection of highly skilled workers as permanent residents who will contribute to the Canadian labour force in the long term. Given the potential for an increase in the number of temporary resident applications co-existing with applications for permanent residence in Canada, a number of industry stakeholders have asked for clarity around the concept of dual intent.

The purpose of this operational bulletin is to clarify the interpretation and application of dual intent within the processing of temporary resident applications by:

  • defining dual intent;
  • reaffirming that an application for temporary resident status will not be refused based on dual intent; and
  • clarifying what steps temporary residents must take in the application process.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob131.asp


Credit Card Payment Option for Applications for Permanent Residence in the Federal Skilled Worker Class - Operational Bulletins 153 – September 1, 2009

Purpose

The purpose of this operational bulletin is to provide notice of the upcoming implementation of a new payment option to applicants in the federal skilled worker (FSW) class.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob153.asp


Clarification on continuous full-time experience and break in continuity of employment - Operational Bulletin 173 – January 8, 2010


Purpose

The purpose of this operational bulletin is to clarify the requirement in the Ministerial Instructions (MI) that Federal Skilled Worker (FSW) applicants in the SW1category must have one year of continuous full-time (or equivalent part-time) paid work experience in the last ten years in one or more of the occupations listed in the MI. This also clarifies the issue of breaks in continuity of employment for both SW1 and SW3 applicants.

Background

The MI state:

“Applications from skilled workers with evidence of experience [ Note 1 ] under one or more of the following National Occupation Classification (NOC) categories…”

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob173.asp


Section 11 of the Immigration and Refugee Protection Regulations (IRPR) and applications for permanent residence in the Federal Skilled Worker (FSW) class - Operational Bulletin 180 – January 22, 2010


Purpose

This operational bulletin (OB) includes instructions for the Centralized Intake Office (CIO) and visa offices on how to apply subsection 11(1) of the IRPR. It also reiterates the existing policy on file transfers.

Background

The creation of the CIO introduced an additional step that FSW applicants must complete before their applications can be processed. As a result, clarification of how subsection  R11(1)  applies is necessary. Similarly, although the policy on file transfers is not affected by the creation of the CIO, new guidelines are required for technical reasons.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob180.asp


Administrative change in assessment of written evidence as proof of language proficiency - Operational Bulletin 166 – March 10, 2010

Purpose

This operational bulletin is to inform visa officers of an administrative change being made to streamline the language assessment process for Federal Skilled Worker (FSW) and Canadian Experience Class (CEC) applicants. Visa Officers will now only be required to consider the evidence of language proficiency provided at the time of application.

Background

The option of providing a written submission as proof of language proficiency was intended only for applicants whose language proficiency was not in question, such as applicants whose first language is English or French. However, many applicants whose first language is neither English nor French choose to provide other written evidence of their language proficiency. Often, such applicants do not adequately demonstrate their proficiency through the written proof they provide.

RIM 016 of February 9, 2004, instructed visa officers to offer these applicants the opportunity to submit the results of a designated language test within a certain time period, if their written submissions did not substantiate the proficiency levels claimed. Section 10.10 of OP 6 [PDF, 280 Kb] was amended on October 28, 2004, to include this instruction.

One of the objectives of the Action Plan for Faster Immigration is to process FSW cases within 12 months. To achieve this, it is necessary to streamline language assessment and eliminate the time spent communicating with applicants on the issue of language proficiency.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob166.asp


Ministerial Instructions and Federal Skilled Worker Class Applications - Operational Bulletin 218 - June 28, 2010

Purpose/Issue

On June 18, 2008, the Immigration and Refugee Protection Act was amended to give the Minister of Citizenship and Immigration authority to issue instructions that would ensure the processing of applications and requests be conducted in a manner that, in the opinion of the Minister, will best support the attainment of immigration goals set by the Government of Canada.

The first set of Ministerial Instructions (MI) was issued on November 28, 2008. The second set of MIs, issued on June 26, 2010, introduced a number of changes, including a revised list of eligible occupations, annual limits to the number of applications to be processed in the Federal Skilled Worker (FSW) class, as well as revised eligibility criteria with respect to evidence of official language proficiency and work experience. The second set of MIs also includes instructions for the federal Immigrant Investor Program and the Canadian Experience Class that will be addressed in separate operational bulletins (OB). The full text of the Instructions can be found at: http://canadagazette.gc.ca/rp-pr/p1/2010/2010-06-26/html/notice-avis-eng.html.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob218.asp


Updated Ministerial Instructions: New Cap on Federal Skilled Worker Applications - Operational Bulletin 318 - June 27, 2011

Summary

Effective July 1, 2011, a cap of 10,000 new Foreign Skilled Worker (FSW) applications, without an offer of arranged employment, will be considered for processing each year. Within the 10,000 cap, a maximum of 500 new applications per occupation will be considered each year. Instructions are given to the field on what to do with applications received before and after this date.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob318.asp


Fourth Set of Ministerial Instructions: New PhD Eligibility Stream under the Federal Skilled Worker Program - Operational Bulletin 351 - November 4, 2011

Summary

Effective November 5, 2011, the Federal Skilled Worker (FSW) program will have a new eligibility stream for international students pursuing doctoral (PhD) studies at Canadian institutions. Instructions are provided on how to proceed with applications received both before and after this date.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob351.asp


Issuing Refunds to MI-1 Applicants in GCMS - Operational Bulletin 376 - January 19, 2012


Issue

Effective immediately, when issuing refunds of the cost recovery fee payment for Federal Skilled Worker (FSW) applications submitted under the first set of Ministerial Instructions (MI-1) using the Global Case Management System (GCMS), the instructions below should be followed.

These instructions are for applicants who are not eligible for processing under the MI-1 or who have withdrawn their application before an eligibility determination under the MI has been made.

Background

The refund procedures outlined in Appendix C of Operation Bulletin 120 (OB 120) (June 15, 2009) Federal Skilled Worker (FSW) Applications – Procedures for Visa Offices need to be updated for MI-1 FSW cases created in GCMS.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob376.asp


Processing for Certain Federal Skilled Worker Backlog Applications: Budget 2012 – amended version - Operational Bulletin 413 - April 27, 2012

Issue

A number of immigration-related announcements were made in the 2012 budget on March 29, 2012. This Operational Bulletin (OB) replaces OB 400 and OB 404, and serves to clarify further the immediate implications for processing of Federal Skilled Worker applications received prior to February 27, 2008.

Background

Budget 2012 (Economic Action Plan 2012) proposes to eliminate the backlog in the Federal Skilled Worker (FSW) Program by terminating certain applications made prior to February 27, 2008. Applicants whose application would be terminated as a result will have the fees paid to CIC returned to them. The FSW proposal to terminate certain FSW applications announced as part of the March 2012 Budget may be enacted by amendments to the Immigration and Refugee Protection Act (IRPA) through the Budget Implementation Act (BIA) bill. The FSW proposal will be of no legal effect until the BIA bill is enacted and comes into force. The BIA has now been introduced. However, the coming into force date, if the bill becomes law, is not yet known.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob413.asp


Fifth Set of Ministerial Instructions: Temporary Pause on Certain Federal Skilled Worker and on Federal Immigrant Investor Applications - Operational Bulletin 438 - June 29, 2012

Summary

Effective July 1, 2012, a temporary pause has been placed on new applications under the Federal Skilled Worker Program (FSWP), excluding those applications received under the PhD eligibility stream and those with a qualifying offer of Arranged Employment (AE). A temporary pause has also been placed on new applications under the federal Immigrant Investor Program (IIP).

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob438.asp


Cessation of Processing and Return of Fees for Certain Federal Skilled Worker Applications - Operational Bulletin 442 - June 29, 2012

Summary

Processing of certain applications made under the Federal Skilled Worker (FSW) program prior to February 27, 2008, is to cease effective June 29, 2012, and fees paid to Citizenship and Immigration Canada (CIC) in respect of the affected applications are to be returned to the person who paid them as required by law.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob442.asp


Return of Fees for Certain Federal Skilled Worker Applications: Actions Required of Visa Offices - Operational Bulletin 442C - October 12, 2012


NHQ – Finance will be implementing a phased approach to the return of fees for terminated FSW applications. First priority will be given to those applicants who proactively contacted a visa office before October 12, 2012 to inquire about a return of fees following the coming into force of the Jobs, Growth and Long-term Prosperity Act on June 29, 2012.

Second priority will be applicants who respond to the general notice on the CIC website as affected by the terminating provision of the Act, and who submit the Return of Processing Fee, Right of Permanent Residence Fee or Right of Landing Fee form and provide contact information as directed. NHQ – Finance will subsequently follow up with all affected applicants to confirm contact information in advance of issuing fee returns.

In order to facilitate the compilation of data required by NHQ – Finance to initiate the return of fees, visa offices are to take the actions outlined below.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob442C.asp


Open Work Permit Requests from Provincial Nominees Identified Through the Federal Skilled Worker (FSW) Backlog Reduction Pilot - Operational Bulletin 470 - November 5, 2012

Background

In February 2012, Citizenship and Immigration Canada (CIC) launched the FSW Backlog Reduction Pilot in collaboration with provincial and territorial governments to help provinces and territories (PTs) better meet their labour market needs while contributing to CIC’s FSW backlog reduction efforts. Through this pilot, participating PTs (British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia, Newfoundland and Labrador and Northwest Territories) were given the opportunity to identify  FSW  backlog applicants for possible nomination under the Provincial Nominee Program based on applicants’ province of intended destination and work experience. More details on the FSW Backlog Reduction Pilot can be found in OB 408. The Pilot continued to go forward despite the subsequent elimination of the FSW backlog through the enactment of the Jobs, Growth and Long-term Prosperity Act (Budget 2012 implementation).

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob470.asp


Temporary Public Policy to Facilitate Permanent Residence for Certain Federal Skilled Worker Applicants was terminated: Actions Required of Visa Offices - Operational Bulletin 479-A - November 29, 2012


Background

The Jobs, Growth and Long-term Prosperity Act became law on June 29, 2012. Under this legislation, Federal Skilled Worker (FSW) applications that were made before February 27, 2008, were terminated by operation of law if a decision based on FSW program selection criteria had not been made by an immigration officer before March 29, 2012.

However, despite being terminated by operation of law, a number of cases were finalized and visas were issued in error. In view of the exceptional circumstances, and pursuant to his authority under section 25.2 of the Immigration and Refugee Protection Act (IRPA), the Minister of Citizenship, Immigration and Multiculturalism has established that there are public policy considerations warranting the granting of permanent residence and the granting of necessary exemptions (including the requirement to pay processing fees) to permit the issuance of a permanent residence visa to persons who, despite the termination of their applications, had their FSW visa applications processed to a final decision and were issued permanent resident visas.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob479A.asp


Temporary Public Policy to Facilitate Permanent Residence for Certain Persons whose Federal Skilled Worker Applicants was terminated: Actions Required of Inland Offices - Operational Bulletin 479-B - November 29, 2012


Summary

This Operational Bulletin provides instructions to visa offices and inland offices on the actions required to facilitate the granting of permanent residence for persons whose Federal Skilled Worker (FSW) application was terminated and to whom permanent resident visas were issued in error. Specifically, this OB provides instructions for situations where the persons affected have already used the visas and were erroneously admitted to Canada as permanent residents.

For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob479B.asp




Comments