The Actual Travel to an Ebola Affected Country (EAC) After a Temporary Resident Visa (TRV) Application
Situations could arise where applicants indicate that they have travelled to an Ebola Affected Country (EAC). In particular, they might mention that they have travelled to an Ebola Affected Country (EAC) since they submitted their applications to Citizenship and Immigration Canada (CIC).
In this scenario, the officers would need to note that the Ministerial Instructions (MIs) do not describe an applicant if the applicant does not intend to travel to the Ebola Affected Country (EAC) again. In addition, the officers would need to refer the file to the Case Management Branch (CMB) as listed above. This is despite the fact that the applicant does not intend to travel to an Ebola Affected Country (EAC).
The Process for Assessing Permanent Resident Visa Applications
It is worth highlighting that the Ministerial Instructions (MIs) do not apply to Permanent Resident (PR) applications. This is especially so if the authorities have provided an exemption to the principal applicant and the accompanying family members from the requirement of having to obtain a Temporary Resident Visa (TRV). It is worth noting that the Ministerial Instructions (MIs) would not apply to individuals even if they come from visa-required countries. This is applicable as long as the principal applicant and the accompanying family members are in-Canada with a valid temporary resident status.
Situations could arise where all the members of an Economic or Family Class application do not reside together in the same physical location. This would typically be the case with overseas dependents of in-Canada applicants. In this scenario, officers would need to assess the application based on the principal applicant and the accompanying family members. The officers would not process the application for the entire family if:
- The application is new and,
- The Ministerial Instructions (MIs) describe the principal applicant or any accompanying family member
Officers would be able to process an existing application. But, they would not be able to approve it. For more details on this, they would need to read the section titled The Procedures that Officers Would Need to Follow if They Find that the Ministerial Instructions (MIs) Describe the Applicants.
Similarly, situations could arise where the principal applicant has non-accompanying family members described in the Ministerial Instructions (MIs). This would typically be the scenario if the family members reside in an Ebola Affected Country (EAC). In this scenario, the officers would need to continue processing the application of the principal applicant and any accompanying family members.
The officers would need to examine the permanent resident application and all systems thoroughly before issuing permanent resident visas. This would enable them to obtain any information indicating that the principal applicant or any accompanying family member has:
- Resided in an Ebola Affected Country (EAC) during the last three months prior to the issuance of the permanent resident visa
- Travelled to an Ebola Affected Country (EAC) during the last three months prior to the issuance of the permanent resident visa and,
- Transited through an Ebola Affected Country (EAC) during the last three months prior to the issuance of the permanent resident visa
In this scenario, officers would not be able to process the application. For more details on this, they would need to read the section titled The Procedures that Officers Would Need to Follow if They Find that the Ministerial Instructions (MIs) Describe the Applicants.
It is worth highlighting that the Ministerial Instructions (MIs) do not apply to sponsorships. As such, the officers would need to assess the application for permanent residence against the Ministerial Instructions (MIs). Doing so would enable them to determine the sponsor’s eligibility. The authorities require officers to send letter D to the sponsor regardless of whether:
- The sponsor meets the eligibility requirements and,
- The Ministerial Instructions (MIs) describe the principal applicant or any accompanying family member
By sending this letter, the officer gives the sponsor the option of withdrawing the sponsorship.
In some situations, the sponsor could end up withdrawing the sponsorship. In this scenario, the officers would need to withdraw the application according to normal procedures. They would need to refund all the processing fees too. If the sponsor decides against withdrawing the sponsorship, the officers would need to forward the application for permanent residence for processing according to regular procedures. Eventually, the application for permanent residence will reach the front of the inventory.
When this happens, the officers would need to reassess the application against the Ministerial Instructions (MIs). If they find that the Ministerial Instructions (MIs) still describe the applicant or any accompanying family members, they should not process the application. For more details on this, they would need to read the section titled The Procedures that Officers Would Need to Follow if They Find that the Ministerial Instructions (MIs) Describe the Applicants.
Prior to issuing the permanent resident visas, the office printing the visa would need to assess the applicants against the Ministerial Instructions (MIs) to ascertain that the Ministerial Instructions (MIs) describe the applicant. For this, they would need to examine the sections on intent to travel and actual travel. In particular, officers would need to verify whether the applicant’s travel documents (e.g. passports) have any stamps that indicate whether the Ministerial Instructions (MIs) describe the applicant under the first or second criteria. The authorities have specified this in the document titled Determining if the applicant is described in the Ministerial Instructions (MIs)’. Officers would need to ensure that they do not proactively request passports from applicants who do not need a visa
Source: Citizenship and Immigration
