Completeness Check Stage Two – The Centralised Intake Office (CIO) Request for Additional Supporting Documents from Applicants Whose Application Passed the Initial Completeness Check
The authorities will usually wait until they send 60 applicants a second stage completeness package. Once they have deemed applications complete (as indicated above), they will typically send each applicant the following documents:
- The Request for Additional Supporting Documents – The Second Stage Completeness Check Letter
- The Immigrant Investor Venture Capital Class – The Consent to Disclosure of Information and Limitation of Liability form
- The Immigrant Investor Venture Capital Class – The Designated Service Provider Contact Information Sheet and,
- The Document Checklist – Permanent Residence – The Immigrant Investor Venture Capital Class – Additional Supporting Documents form i.e. IMM 5808
Each applicant, whom the officers send the second stage completeness package, would need to submit all of the supporting documents requested for in the checklist and listed below, to the Centralised Intake Office (CIO). Applicants would usually need to submit these documents within 60 days of the written request. This is essential for the application to be complete and eligible for processing. The supporting documents that applicants would need to send to the Centralised Intake Office (CIO) include:
- A properly completed Supplementary Information – Your Travels form i.e. IMM 5562 for the principal applicant
- A properly completed Additional Family Information form i.e. IMM 5406 for the principal applicant and, if applicable, for the principal applicant’s spouse or common-law partner and each dependent child who is 18 years of age or older
- A due diligence report from a designated service provider – refer to Appendix B
- A properly completed Immigrant Investor Venture Capital Class – The Consent to Disclosure of Information and Limitation of Liability form
- Evidence of upfront medical examinations for the principal applicant and all family members – regardless of whether they are accompanying or not
- Identity and civil status documents for the principal applicant and the principal applicant’s spouse or common-law partner (if applicable)
- Police certificates and clearances for the principal applicant and the principal applicant’s family members and,
- Any additional documents and information required by the Regulations, along with any other evidence that the Act might specify
Note:
- For the purposes of the second stage completeness check, the Centralised Intake Office (CIO) would only need to confirm that the applicant has provided a due diligence report from a designated service provider
- Thus, the Centralised Intake Office (CIO) would not need to provide the results of the assessment by the service provider pertaining to the net worth of the applicant
- Only once the authorities place the application into process will they assess whether the applicant meets the net worth requirement
- This will usually take place at the time when the authorities determine membership in the class
- Situations could arise where applicants cannot obtain police certificates and submit them as part of the second stage completeness check
- In this scenario, the officers would need to avoid rejecting these applications as long as they find these applications to be otherwise complete in all respects
- However, once the authorities place the application into process, the applicant would need to submit police certificates to the processing office when requested
The Guidelines for Additional Applications
The Centralised Intake Office (CIO) would need to retain all applications until it has put 60 complete applications into process. These 60 complete applications typically refer to the applications that clear the second stage completeness check.
Thereafter, the Centralised Intake Office (CIO) would need to send a request for additional supporting documents to the first 60 applicants that have cleared the first stage completeness check. At this stage, the Centralised Intake Office (CIO) would need to put on hold the rest of the applications that have cleared the first stage completeness check i.e. application number 61 and onwards. The officers at the Centralised Intake Office (CIO) would need to put these applications on hold in the order in which they received them i.e. based on the date of receipt. These applications would continue to remain on hold until the 60-day deadline has passed. At this point, the Centralised Intake Office (CIO) would need to review all the submissions for the second stage review.
Situations could arise where certain applications do not pass the second stage completeness check. In this scenario, the Centralised Intake Office (CIO) would need to return the application and the fees to the applicant. In addition, it would need to send a letter to the applicant that explains the reasons for which the authorities are returning the application. Thereafter, the Centralised Intake Office (CIO) would need to pull the next application being held i.e. the 61st application received, and any successive applications (as required). Following this, the Centralised Intake Office (CIO) would need to send these applicants a second stage completeness package.
At length, 60 applications will pass the second stage of review. Thus, the officers will put these applications into process. At this point, the Centralised Intake Office (CIO) would need to establish a waiting list of up to 60 additional applications that meet the requirements of the initial completeness check.
The authorities would need to send the waitlist letter to applicants placed on the waitlist. This waitlist letter would be in lieu of the second stage completeness package. The waitlist letter would simply acknowledge the receipt of the application. In addition, it would notify the applicant that the officers have placed the applicant’s file on the waitlist. Lastly, it would inform the applicants that the officers would contact the applicants should the officers put the application into processing at a later date.
It is worth highlighting that the authorities have the ability to put these additional applications into processing. However, they would only do this if they need to arrive at the target of 60 permanent resident visas or approvals issued under this class. The intake will close once there are 60 applications in process and a maximum of 60 applicants whom the officers have placed on the waitlist.
The Guidelines for Incomplete, Over Cap or Surplus Applications
Officers would need to return the following applications to the applicants, along with the processing fees:
- Incomplete applications
- Applications received after the specified intake period and / or the maximum of 60 permanent resident visas / approvals have been issued under this class
- Applications received after the 60 additional applications on the waiting list and,
- Any application that the officers retained on the waiting list that is no longer required
For these applications, the Centralised Intake Office (CIO) would need to record a client note in the Global Case Management System (GCMS). The client note would specify that the authorities received an application and that they have returned this application to the applicant. The client note would also need to specify that after returning the application, the authorities would not be taking any further action on the case.
The Guidelines for Processing Fee Refunds
The authorities have provided various provisions for issuing refunds in the following circumstances:
- For fees paid in error or in excess (such as the Right of Permanent Residence Fee [RPRF] following the reduction announcement)
- The Department has established a policy whereby officers can refund the fees in case the officers have collected the fees in error or in excess
- For applications not processed
- Officers would need to refund fees for service in case they find that an application has not been processed or when the client formally indicates that the client wishes to withdraw the application or when the client decides not to submit the application
- For rights not granted or not exercised
- Officers would need to refund the Right of Permanent Resident Fee (RPRF) or the Right of Citizenship Fee (ROCF) if the right is not granted or is not exercised
- For multiple applications
- The authorities only permit clients to submit a single application per requested service
- Thus, if the clients have submitted multiple applications for the same service, officers would need to refund the fees levied for the multiple applications
- In case the applicant cannot obtain the status requested for
- If a Canadian citizen submits an application for a status that the Canadian citizen cannot obtain i.e. the application for the granting of citizenship when the person is already a citizen, the officers would need to refund the appropriate fees
- This is in accordance with the provisions specified in the Citizenship Regulations
- In case the applicant cannot obtain the services requested for
- If a Canadian citizen submits an application for services that the Canadian citizen cannot obtain i.e. the application for permanent residence received when the person is already a Canadian citizen or a permanent resident, the officers would need to refund the appropriate fees
- This is in accordance with the provisions specified in the Immigration Regulations
- In case the applicant is fee exempt
- Situations could arise where the officers discover that the applicant is fee exempt after accepting a fee for a citizenship or an immigration application
- In this scenario, the officers would need to refund all processing fees to the applicant
- In case the applicant for a citizenship application received incorrect information
- Situations could arise were the applicant applied for a proof or a grant of citizenship on the basis of receiving some incorrect information from Citizenship and Immigration Canada (CIC) officials
- In this scenario, the officers would need to provide a refund of the relevant fees
- However, the applicant will need to provide documentation that supports the error
- In case the applicant for a citizenship application dies (proof or grant)
- Situations could arise where the applicant dies prior to the authorities making a decision or issuing a proof certificate
- In this scenario, the officers would need to pay the refund to the applicant’s estate
- However, the officers would need to ensure that the refund request comes from a spouse, common-law partner or executor of the applicant
- In addition, the refund request would need to include a copy of the death certificate
Note:
- It is worth highlighting that the officers will not refund the processing fees for applications that the client withdraws before the authorities render a decision
- For more details on this, officers would need to go through section 9.5 of CP 13