The Process for Determining Admissibility
The office would need to determine whether an applicant is a member of the Federal Skilled Trades Class. This is in accordance with the guidelines specified in R87.2 (refer to Appendix A). Thereafter, the principal applicant and their family members would need to:
- Complete the prescribed medical examinations
- Pass the criminal checks and,
- Clear the specified security checks
This is applicable regardless of whether the family members are accompanying the principal applicant or not.
The authorities have prescribed medical examinations to serve a variety of purposes. Typically, medical examinations help in:
- Protecting the health of Canadians
- Protecting the safety of Canadians and,
- Reducing and preventing situations of excessive demands on Canada’s health and social services
Officers might need to obtain detailed information about determining admissibility. For this, they would need to refer to ENF 2 / OP 18 – Evaluating Inadmissibility.
The Process for Approving the Application
Situations could arise where certain approved applicants in the Federal Skilled Trades Class live outside of Canada. In this scenario, the officers 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.
Officers would need to avoid issuing a permanent resident visa counterfoil to applicants who have passports issued by:
- The United States of America or,
- A country specified in R190 (1) (a) or (b), 190 (2) (b) to 190 (2) (f) or R190 (2.1) (refer to Appendix B)
However, the officers could request the applicant to provide the applicant’s original passport in these situations for reviewing.
Approved applicants would need to present their Confirmations of Permanent Residence (CoPRs) and permanent resident visa counterfoils (if applicable) to the officers at Canadian ports of entry. This is in accordance with the specifications given in R71.1 (1) – refer to Appendix C.
In some cases, an officer might approve an application from a temporary resident in Canada, who is a member of a class referred to in R70 (2) (a) or R70 (2) (b) – refer to Appendix D. In this scenario, the officers would need to:
- Send the Confirmation of Permanent Residence (CoPR) and permanent resident visa counterfoil (if applicable) to the applicant’s address in Canada and,
- Inform the applicant that, in order to become a permanent resident, the applicants would need to either:
- Present the Confirmation of Permanent Residence (CoPR) and 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 for an appointment at a local Citizenship and Immigration Canada (CIC) office, with the applicant’s family members if applicable
- This is in accordance with the provisions specified in R71.1 (2)
The Process for Refusing the Application
The officers would need to provide all refused applicants in the Federal Skilled Trades Class with a formal refusal letter. The refusal letter would need to:
- Inform the applicant of the immigration class in which the authorities considered the applicant’s application
- Explain in detail to the applicant why the authorities have refused the application in that class and,
- Inform the applicants who have paid the Right of Permanent Residence Fee (RPRF) that they:
- Are entitled to receive a refund of this fee and,
- Could expect to receive this refund within an approximate timeframe
Appendix A – The Regulations and Requirements (87.2)
The Regulations
The regulations provide for any matter relating to the application of this Division. In addition, they could include provisions concerning the conditions and qualifications that applicants would need to meet for obtaining inclusion in the list referred to in subsection 85 (1). The regulations could also specify any additional qualifications, which are assets that the authorities could take into account for that specific purpose.
The Requirements
The regulations:
- Require that to get their names included in the list, an individual would need to:
- Be members in good standing of the bar of a province
- Not be employed in the federal public administration and,
- Not be associated with the federal public administration in a manner that would impair the individual’s ability to protect the interests of the permanent resident or foreign national and,
- Might include provisions respecting the requirements specified
Appendix B – Visa Exemption Guidelines (R190)
Appendix C – Foreign Nationals in and Outside Canada (R71.1)
The Process for Foreign Nationals Outside Canada
To become permanent residents, foreign nationals, who are members of a class referred to in subsection 70 (2) and are outside Canada, would need to present their permanent resident visas to an officer at a port of entry.
The Process for Foreign Nationals in Canada as Temporary Residents
To become permanent residents, foreign nationals, who are members of a class referred to in subsection 70 (2) (a) or 70 (2) (b) and are temporary residents in Canada, would need to present their permanent resident visas to an officer at a port of entry or at an office of the Department in Canada.
Source: Citizenship and Immigration Canada (CIC)
