Operational Instructions


Separation of Processing Streams at CPC-V – New vs. Existing Employer Applications - Operational Bulletins 087 – November 14, 2008

Background
In an effort to reduce the impact processing delays have on in-Canada Temporary Foreign Worker (TFW) applications, a decision was made to adjust the TFW queues at the Case Processing Centre – Vegreville (CPC-V). The current queues divide applications based on whether the applicant is a student (off-campus, co-op, post-graduation) or not. The separation of the queues is done via mailing address. The new queues will divide the applications solely based on whether the applicant is applying to extend with their existing employer or to work for a new employer.
The separation of these processing streams will benefit temporary foreign workers (TFWs) in a number of scenarios, including those in undesirable situations, by ensuring that new employer work permits (WPs) are processed in a timely manner.
For further reading, please visit following webpage:

National Roll-out of the Electronic Notification System (ENS) for the Off-Campus Work Permit Program (OCWPP) - Operational Bulletins 096 – February 3, 2009

Background
The purpose of this bulletin is to provide guidance and information on the national roll-out of the Electronic Notification System (ENS) for the Off-Campus Work Permit Program (OCWPP). This national roll-out is the result of a successful pilot project that began in June 2008 with 16 post-secondary educational institutions. As of February 3, 2009, international students applying for an off-campus work permit will be required to use ENS in order to validate academic eligibility.
For further reading, please visit following webpage:

Open Work Permits and Provincial Health Insurance in Ontario and Quebec - Operational Bulletins 111 – April 27, 2009

Background
Unlike most work permits, an “open” work permit does not specify the employer. An open work permit may, however, have restrictions associated to it in terms of the employment location and/or occupation. In general, an applicant for a post-graduation work permit will receive an open work permit. For more information on open work permits, please consult page 82 of the Foreign Worker Manual.
Due to issues in obtaining health coverage in Ontario and Quebec, the question has been raised over whether a post-graduation student who is eligible for an open work permit can request that the name of a specific employer and the province be included on the work permit, in order to assist in qualifying for health insurance.
Prior to April 1, 2009, Ontario’s Ministry of Health and Long-Term Care provided health coverage under the Ontario Health Insurance Plan (OHIP) only to those holding a work permit that specified an employer and occupation.
In Quebec, post graduate workers were also required to present a work permit with the name of a specific employer and location of work; otherwise, they were not eligible for provincial medical coverage.
For further reading, please visit following webpage:

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:

Assessing Official Language Requirements for Temporary Foreign Workers - Operational Bulletin 170 – December 30, 2009

Background
Subsequent to guidance recently issued regarding the assessment of the language requirement for temporary foreign workers, continued discussions on this subject have taken place at the operational, policy and legal levels. The purpose of this bulletin is to clarify these earlier instructions.
For further reading, please visit following webpage:

Emergency referrals to local offices for work permits - Operational Bulletin 195 – March 23, 2010

Issue
Emergency referral process for work permits.
Background
Citizenship and Immigration Canada has organized its Inland Delivery Network so that applications for work permits (WP) are submitted to the Case Processing Centre in Vegreville (CPC-V). Local Canada Immigration Centres are only expected to process complex or exceptional cases. However, certain types of requests for emergency WP processing may be received by CPC-V or referred to local CICs.
For further reading, please visit following webpage:

Clarification on the eligibility of combined programs for the Post-Graduation Work Permit Program and the last semester of study - Operational Bulletin 194 – June 1, 2010

Issue
Clarification on the eligibility of combined programs for the Post-Graduation Work Permit Program (PGWPP) and on full-time versus part-time in the last semester of study.
Background
The PGWPP allows students who have graduated from a participating Canadian post-secondary institution to gain valuable Canadian work experience. Post-graduation work permits are open work permits, meaning that there are no restrictions on the type of employment performed and no requirement for a job offer prior to applying for a work permit. A work permit (C43 exemption) issued under this program can be valid from 8 months up to a maximum of three years.
For further reading, please visit following webpage:

New Labour Market Opinion (LMO) Exemption – Foreign Medical Residents and Medical Research Fellows - Operational Bulletin 230 - September 1, 2010

Issue
The purpose of this Bulletin is to notify officers of the decision to waive the requirement for a LMO for foreign medical residents and Medical Research fellows completing their training or research in Canada. This decision is effective as of September 1, 2010.
Background
In April 2010, Human Resources and Skills Development Canada (HRSDC) requested that Citizenship and Immigration Canada waive the requirement for employers of foreign national medical residents and fellows to be issued positive or neutral labour market opinions, prior to the issuance of a work permit to a foreign national seeking to occupy one of these positions in Canada.
HRSDC has determined that foreign medical residents and fellows do not take away employment or training opportunities from Canadians as these positions are specifically created for and funded entirely by foreign governments, in the case of residents. Foreign fellows support medical faculties with advanced clinical and research training due to ongoing shortages of Canadians available and interested in occupying such clinical or research positions. As such, HRSDC determined that Canadians cannot be negatively impacted by these offers to foreign medical residents and fellows. Furthermore, HRSDC determined that the transfer of skills and knowledge relating to foreign fellows employed in such positions is a significant benefit to Canadian universities and the medical field.
The implementation of this exemption will provide for the waiving of the LMO requirement for work permits for foreign medical residents and fellows pursuant to 205(c)(ii) of the Immigration and Refugee Protection Regulations, which outlines when a work permit may be issued to a foreign national who intends to perform work that is related to the competitiveness of Canada’s academic institutions or economy.
For further reading, please visit following webpage:

New Overseas Temporary Resident Forms - Operational Bulletin 270 - February 4, 2011

Summary
Effective February 15, 2011, a new Application for a Work Permit form, Application for a Study Permit form and an updated Application for Temporary Resident Visa Made Outside of Canada form will be made available to all clients.
Issue
The purpose of this Operational Bulletin (OB) is to advise of new application forms that will be available for visitors, temporary foreign workers and students applying to enter Canada from overseas.
Background
The introduction of the new Application for Temporary Resident Visa Made Outside of Canada [IMM 5257] form on October 14, 2010, was an initial step towards the vision of Citizenship and Immigration Canada (CIC) for integrated application forms. Following the successful implementation of the Temporary Resident Visa (TRV) application form, the student and worker application forms will now follow.
For further reading, please visit following webpage:

Temporary Foreign Worker Program—Operational Instructions for the Implementation of the Immigration and Refugee Protection Regulatory Amendments - Operational Bulletin 275-C - April 1, 2011

Summary
The purpose of this Operational Bulletin (OB) is to provide operational instructions to Citizenship and Immigration Canada (CIC) and Canada Border Services Agency (CBSA) staff concerning amendments to the temporary foreign worker program within the Immigration and Refugee Protection Regulations (IRPR). The new Regulations come into effect April 1, 2011.
For further reading, please visit following webpage:

Changes to Human Resources and Skills Development Canada’s Labour Market Opinion Confirmation Letters - Operational Bulletin 310 - May 31, 2011

Summary
This Operational Bulletin (OB) provides clarification to Citizenship and Immigration Canada (CIC) and Canada Border Services Agency (CBSA) officers on changes to the Human Resources and Skills Development Canada (HRSDC) Labour Market Opinion (LMO) confirmation letters.
For further reading, please visit following webpage:

2 Dimension Bar Coded Temporary Resident Visa, Study Permit and Work Permit Applications - Operational Bulletin 329 - July 27, 2011

Summary
The purpose of this Operational Bulletin (OB) is to advise that as of August 1, 2011 the 2 dimension (2D) bar code forms for temporary resident visas (TRVs), work permits (WPs) and study permits (SPs) listed below are the only temporary resident application forms that will be accepted by Citizenship and Immigration Canada (CIC).
Note: This OB replaces OB 259 (December 21, 2010), “Temporary Resident Visa Application Form Transition Date” and OB 270 (February 4, 2011), “New Overseas Temporary Resident Forms.”
For further reading, please visit following webpage:

Validity of Arranged Employment Opinions - Operational Bulletin 394 - March 8, 2012

Summary
Effective immediately, officers do not require a new Arranged Employment Opinion (AEO) from Service Canada (SC), the service delivery arm of Human Resources and Skills Development Canada (HRSDC), in cases where the AEO has expired while the Federal Skilled Worker (FSW) application is in process. Officers may still issue a permanent resident (PR) visa as long as the AEO was valid at time of receipt of the application, they are satisfied that the job offer is still valid and no adverse information on the employer has come to light.
Background
There may be cases where the validity of an AEO has expired while processing the FSW application. In these cases, officers have been in the practice of requesting that the employer obtain a new AEO from SC even if there have been no changes to the job offer. This has caused frustration for the employer and processing delays at the visa office.
For further reading, please visit following webpage:

Limited Validity Period for Labour Market Opinions - Operational Bulletin 152-A - March 19, 2012 (Modified)

Update
Under the heading “Additional details regarding concurrent processing”, the words “TBD for CAQ” have been removed to clarify that the CAQ process is not part of the concurrent processing provisions currently in place.
Background
Not all Labour Market Opinions (LMOs) issued by Human Resources and Skills Development Canada (HRSDC) have a date by which they must be used to apply for a work permit (WP). In order to ensure that LMO represent an accurate assessment of current labour market conditions and to provide a sound basis for the evaluation of WP applications, HRSDC will no longer be issuing LMOs without expiry dates.
For further reading, please visit following webpage:

Centralization of Temporary Foreign Worker Units in Toronto, Ontario and Montréal, Québec - Operational Bulletin 433 - June 13, 2012

Summary
The purpose of this Operational Bulletin is to provide information regarding the centralization of the services provided by the Temporary Foreign Worker Units (TFWUs) from Vancouver, Calgary, and Moncton to the TFWUs in Toronto and Montreal. Opinions and enquiries related to exemptions from the Labour Market Opinion (LMO) and/or Work Permit (WP) will continue. Outreach will no longer be provided by the TFWUs. This change is effective July 1, 2012.
For further reading, please visit following webpage:

New In-Canada 2D Temporary Resident Application Forms - Operational Bulletin 450 - July 31, 2012

Summary
Effective July 31, 2012, Citizenship and Immigration Canada (CIC) will launch new two-dimensional (2D) bar code application forms for temporary residents (TRs) inside Canada. These forms are:
  1. Application to Change Conditions, Extend My Stay, or Remain in Canada as a Visitor or Temporary Resident Permit Holder (IMM 5708)
  2. Application to Change Conditions, Extend My Stay, or Remain in Canada as a Student (IMM 5709)
  3. Application to Change Conditions, Extend My Stay, or Remain in Canada as a Worker (IMM 5710)
These new forms will be applicable to all visitors, international students and temporary foreign workers inside Canada who wish to extend their stay or change their conditions. The Application to Change Conditions, Extend Your Stay or Remain in Canada (IMM 1249) form will continue to be accepted until November 1, 2012.
For further reading, please visit following webpage:


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