The points listed below would help officers identify whether:
- The operation of law has resulted in the termination of an IIP or an EN application by operation of law or,
- Officers would need to continue processing the applications to a final decision
Some features about the termination of certain applications entail that:
- Officers must not take any action on cases terminated by the operation of law
- Officers would need to consult with Strategic Planning and Delivery, International Region if they are unsure of whether the authorities have terminated a case or not
- Visa offices would not need to take any action for those applications terminated by the operation of law
- The Global Case Management System (GCMS) would freeze terminated applications as soon as possible after June 19, 2014
- This would ensure that officers cannot process the terminated applications any further
Situations could arise where visa offices could find some individual applications, which the authorities might have terminated incorrectly. In such situations:
- Officers would need to contact the Strategic Planning and Delivery, International Region
- They would need to explain why, in their belief, the application does not meet the criteria stipulated in the legislative amendments
- Strategic Planning and Delivery, International Region would confirm whether the application of law resulted in the incorrect termination of the application
- In case Strategic Planning and Delivery, International Region confirms the incorrect termination of the application, the NHQ would reactivate that specific file in the Global Case Management System (GCMS)
- This would enable officers to continue processing the application
- However, visa offices do not need to review their IIP or EN inventory periodically to find such cases
- They would only need to take action by contacting the NHQ, in case they come across cases like these on a normal basis
- Officers would terminate the application and return the fees paid to the CIC to the person who paid them if:
- The officers have not been able to establish whether the applicant meets the selection criteria prior to February 11, 2014 and,
- The authorities have not given a final decision to the application before June 19, 2014
- Officers would terminate the application and return the fees paid to the CIC to the person who paid them if:
- The officers have been able to establish whether the applicant meets the selection criteria on or after February 11, 2014 and,
- The authorities have not given a final decision to the application before June 19, 2014
- Officers would continue to process the application to a final decision and also retain the fees paid to the CIC by the person if:
- The officers have been able to establish that the applicant meets the selection criteria prior to February 11, 2014 and,
- The authorities have not given a final decision to the application before June 19, 2014
- Officers would continue to process the application for the necessary additional processing (e.g. the issuance of Confirmation of Permanent Residence documents or refusal letters, as applicable) and also retain the fees paid to the CIC by the person if:
- The officers have been able to establish that the applicant meets the selection criteria on or after February 11, 2014 and,
- The authorities have given a final decision to the application before June 19, 2014
- In this scenario, the final decision on the applications continues to stand
Source: Citizenship and Immigration
