Temporary Resident Permits (TRPs) – The Background and the Purpose

This section pertains to fees and refunds for citizenship services.

Officers will only accept applications with the complete fee as specified on the fee schedule at the end of this section. As such, they will return applications that do not include the entire fee. In addition, they will return applications that do not have the correct fee.

In addition to the processing fee, all 5 (1) applications submitted for people aged 18 years or above will need to include the $100 right of citizenship fee. There is no processing fee for applications for a 5 (5) grant. However, the applicants will need to include the $100 right of citizenship fee for all applicants who are 18 years of age and over.

The table that follows depicts the fees payable for applications received at the Case Processing Centre in Sydney (CPC-S) on or after January 01, 2015.

The Application Type	The Processing Fee	The Right of Citizenship Fee	The Total Fees
Adult, grant of citizenship in accordance with subsection 5 (1) of the Act	$530	$100	$630
Minor applying as an adult, grant of citizenship in accordance with subsection 5 (1) of the Act	$530	NA if minor at the time of application	$530
Minor, grant of citizenship in accordance with subsection 5 (2) of the Act	$100	NA	$100
Adult, grant of citizenship, statelessness – bloodline connection in accordance with subsection 5 (5) of the Act	NA	NA if minor at the time of application Or $100 if adult at the time of application	NA or $100
Adoptee, grant of citizenship in accordance with subsection 5 (1) of the Act	$100 or $530 if adult at the time of application	NA if minor at the time of application Or $100 if adult at the time of application	$100 or $630 if adult at the time of application
Adult only, renunciation of citizenship in accordance with section 9 of the Act	$100	NA	$100
Adult only, renunciation of citizenship in accordance with section 7.1 of the Regulations	NA	NA	NA
Resumption of citizenship in accordance with subsection 11 (1) of the Act	$530	NA	$530
Adult and minor, proof of citizenship in accordance with section 3 of the Act	$75	NA	$75
Search of records in accordance with section 29 of the Regulations	$75	NA	$75

Clients typically pay various processing fees towards the processing of their application rather than for the outcome of their application. Therefore, these processing fees will be non-refundable once the processing of the application begins – regardless of its outcome. The responsible Case Processing Centre (CPC) or visa office would need to issue a cheque to the payer (who will usually be the applicant or the sponsor). In addition, they would need to send a letter of explanation along with the refund cheque.

The Types of Refunds

When Can Officers Issue a Refund?

Typically, officers would refund revenues when:

• They have collected these in error
• They have collected these in excess of the requirements
• An applicant requests the withdrawal of the application before the officers begin processing it
• An applicant who has paid a privilege fee such as the Right of Permanent Residence Fee (RPRF) does not exercise the right or does not receive the right from the authorities
• An applicant paid a fee for a service fee before the authorities subsequently determine that the applicant qualifies for a fee exemption or,
• An applicant submits an application for which the authorities cannot grant the service because of the applicant’s status

The Scenarios Specific to Applications from Designated Foreign Nationals

It is worth mentioning that the authorities would not refund any fees for suspended cases. However, the authorities would need to refund the fees received for new permanent residence or temporary resident permit applications submitted by a Designated Foreign National on or after the date of designation if the five-year bar applies. In this scenario, the officers would also need to return the application to the applicant.

The Employer Compliance Fee Refunds

The officers would need to refund the employer compliance fee to the person who paid it if:

• The authorities refuse the work permit or,
• The employer withdraws the offer of employment and requests a refund prior to the issuance of the work permit

The Refunds for Open Work Permit Holder Fees

The officers would need to refund the open work permit holder fee to the person who paid it if:

• The authorities refuse the work permit or,
• The foreign national withdraws the application and requests a refund prior to the issuance of the work permit

Refunds for the Processing Fee

The authorities have made provisions to enable officers to issue refunds in the following situations:

• Fees paid in error or in excess (such as the Right of Permanent Residence Fee (RPRF) following the reduction announcement)
  • According to the Department’s policy, officers would need to refund the fees in situations where they have collected the fees in error or in excess
• Application not processed
  • Officers would need to refund the fees for service if:
    • They have not processed an application and,
    • The client has formally indicated that the client wishes to withdraw the application OR,
    • The client decides not to submit the application
• Right not granted or right not exercised
  • Officers would need to refund the Right of Permanent Residence Fee (RPRF) or the Right of Citizenship Fee (ROCF) if the authorities do not grant this right or if the applicants do not exercise this right
• Multiple applications
  • Clients can only submit a single application per requested service. As such, officers would need to refund the fees collected for the submission of multiple applications for the same service.
• Status cannot be obtained
  • If a Canadian citizen submits an application for a status that they cannot obtain, the officers would need to refund the appropriate fees
  • This is typically the case if a Canadian citizen submits an application for the grant of citizenship when the person is already a citizen
  • This is in accordance with the provisions specified in the Citizenship Regulations
• Service cannot be obtained
  • If a person submits an application for which the authorities cannot grant the service because of the applicant’s status, the officers would need to refund the fees
  • This would typically be the case where a permanent resident or a Canadian citizen submits an application for permanent residence
  • This is in accordance with the provisions specified in the Immigration Regulations
• Fee exempt
  • In some cases, the officers might accept a fee for a citizenship or an immigration application
  • However, the officers might subsequently discover that the client is fee exempt
  • In this scenario, the officers would need to refund all processing fees collected
• Applicant for a citizenship application received incorrect information
  • Officers would need to provide a refund when the applicant applies for a proof or a grant of citizenship on the basis of receiving incorrect information from officials of Citizenship and Immigration Canada (CIC)
  • However, in this scenario, the applicant would need to provide the relevant documentation supporting the error
• Applicant for a citizenship application dies (proof or grant)
  • Officers would need to provide a refund if the applicant dies before the authorities make a decision or issue a proof certificate
  • In this scenario, the refund request would typically need to come from a spouse or common-law partner (CLP), a parent or an executor
  • The applicant submitting the refund request would need to include a copy of the death certificate along with the refund request
  • The officers would pay the refund to the applicant’s estate

Note:

• It is worth highlighting that officers would not refund the processing fee for applications that the applicants withdraw before the authorities render a decision
• Officers could refer to Section 9.5 of CP 13 for more detailed information

The Refund Transactions at Missions

Refund transactions usually take place once:

• The applicant has deposited the fee payment and,
• The Cost Recovery Officer (CRO) determines that one of the conditions specified above exists

In these cases, the Cost Recovery Officer (CRO) would need to complete the appropriate request for the MA to refund the applicant. The Immigration Program Manager (IPM) would need to approve the payment request by signing under Section 20 of the Financial Administration Act (FAA). Thereafter, the Management and Consular Officer (MCO) would need to sign under Section 33 of the Financial Administration Act (FAA).

The officers would need to place a copy of the request in the case file. In addition, they would need to place the appropriate comments in the Computer Assisted Immigration Processing System (CAIPS) or the Global Case Management System (GCMS) notes or data. It is worth mentioning that the copy of the request must have an outline declaring the rationale for the refund.

In most cases, the officers would need to issue the refund directly to the client by the MA through an appropriate financial instrument. However, they would need to obtain the appropriate approval from the Immigration Program Manager (IPM) or the Deputy Immigration Program Manager (DIPM). Under no circumstances should the officers issue the refund to a third party unless they receive this authorisation specifically from the client in writing. Similarly, the officers would, under no circumstances, make payments to or make payments through the Cost Recovery Clerk (CRC) or any other immigration program staff.

It is worth mentioning that the authorities would only make refunds of less than five Canadian dollars if the applicant requests for it on the same day. For more details on this policy, officers would need to review FP 4.2.

The authorities generally establish the fee by regulation in Canadian dollars. As such, the officers would typically generate refunds in foreign currencies equivalent to the Canadian dollar according to the exchange rate at the time of the refund.

FP 4.2 states that ‘It is the Department’s policy that revenues shall be refunded where a revenue has been collected in error or in excess of requirements’. The only time the authorities make an exception to this case is when they do a file transfer. In this instance, the mission holding the file would need to process the refund. This is part of the International Region (IR) Risk Mitigation Strategy as the mission holding the physical file would normally have finished processing it and have the relevant proof of payment (or receipt) on file. This is part of the International Region (IR) client service initiatives as well, as the applicant would have typically had the most recent dealings with this mission.

Officers would need to code the refunds of processing fees collected in the current fiscal year to the same General Ledger (G/L) revenue account to which they had originally coded the fees. In addition, they would need to code the refunds of processing fees collected in previous years to G/L 21927.

Similarly, officers would need to code refunds of Right of Permanent Residence Fees (RPRF) collected in the current fiscal year to G/L 21918. Officers would need to code refunds of Right of Permanent Residence Fees (RPRF) collected in previous fiscal years to G/L 21920.

It is worth mentioning that an adjustment is the refund of an overpayment to an applicant before the officers reconcile the payment in POS+, which is the cost recovery system that the International Region (IR) typically uses. In addition, a refund refers to the result of an incorrect payment. As such, the officers would need to pay this by cheque through the mission account. Similarly, a remission is the result of a legislative change in the fee, which results in a refund to the applicant.

The Right of Permanent Residence Fee (RPRF) Refund

Officers would need to grant refunds in all cases where the applicant has paid the Right of Permanent Residence Fee (RPRF) and the applicant has not acquired permanent resident status. The Department would remain obligated to refund the Right of Permanent Residence Fee (RPRF) if:

• The authorities refuse the application or,
• The applicant withdraws the application

The authorities usually provide refunds to the payer (usually the sponsor) in family class cases. Similarly, they provide refunds to the principal applicant in all other cases. In non-family-class cases, they also issue the refund to the principal applicant. It is worth highlighting that the authorities do not issue any refunds to any representatives or third parties.

Family-Class Sponsorship Cases

The authorities will issue refunds in family-class sponsorship cases to the sponsor “on demand” after a negative appeal decision. This is especially so in cases where there are appeal rights. Officers would need to ensure that the authorities have not issued a visa with the applicable visa office abroad. Thereafter, they would need to notify the sponsor that they would be refunding the Right of Permanent Residence Fee (RPRF) upon receiving a written request only after all appeals have been exhausted.

It is worth mentioning that the withdrawal of sponsorships at any time during the process would result in the refund of the Right of Permanent Residence Fee (RPRF). However, the Case Processing Centre would need to advise the visa office abroad of the withdrawal of the sponsorship. Thereafter, it would need to wait for receiving the confirmation that the authorities have not issued a visa prior to processing the refund.

Some sponsorship cases at the Case Processing Centre Mississauga (CPC-M) could result in a negative sponsorship recommendation. In this scenario, the sponsor has the option of continuing with the processing of the case or obtaining a refund of the relevant fees paid immediately by withdrawing the application. In case they opt for the latter, they would receive the refund after the authorities have deducted $75 towards the application fee.

Cases Outside the Family Class

In cases outside the family class, the officers would need to initiate the refund of the Right of Permanent Residence Fee (RPRF) as soon as they send the letter to the applicant indicating the refusal, the withdrawal or the receipt of an unused permanent resident visa at the visa office. In some situations, the officers might find that the principal applicant is a deceased individual. In this scenario, they would need to make the refund to the estate of the applicant after receiving confirmations from the legal representative of the deceased.

For All Cases

Officers would need to check the “Right of Permanent Residence Fee (RPRF)” field in the following systems for all cases before they issue refunds:

• The Field Operations Support System (FOSS)
• The Computer Assisted Immigration Processing System (CAIPS)
• The Case Processing System (CPS)

In addition, they would also need to check the Computer Assisted Immigration Processing System (CAIPS) notes for ensuring that the:

• Applicant paid the fees and,
• Authorities have not already issued a refund

In some cases, the officers might find that the authorities have issued a permanent resident visa, which the applicant has not utilised. In this scenario, the officers would need to ensure the return of the visa to the issuing office, before they can process a refund.

The Right of Permanent Residence Fee (RPRF) Refund

Depending on the circumstances in the case, the process for refunds could differ.

• For Family Class Applicants
  • Who May Request the Refund: The sponsor
  • The Issuing Office:
    • The Case Processing Centre Mississauga or,
    • The Case Processing Centre Vegreville
• For Other Permanent Residence Categories
  • Who May Request the Refund: The principal applicant
  • The Issuing Office: The case processing centre (CPC) or the visa office processing the application
• If the authorities refuse the application:
  • The case processing centre (CPC) or the visa office processing the application would need to automatically initiate the refund if the applicant has not filed an appeal
  • However, if the applicant files an appeal, the authorities would not be able to issue a refund until the rendering of a final decision
• If an applicant wishes to withdraw an application:
  • The applicant would need to provide the request for withdrawal in writing to the responsible office and,
  • The officers would need to initiate the refund after they receive the withdrawal notice

Note:

• Economic and business class applicants outside Canada would be able to pay the Right of Permanent Residence Fee (RPRF) online with effect from January 14, 2014
• They would be able to do so by using an accepted credit card i.e. Visa, MasterCard and American Express only
• For more information on processing refunds for online Right of Permanent Residence Fee (RPRF) payments, officers would need to review the Payments abroad section on the website of Citizenship and Immigration Canada (CIC)

The Right of Citizenship Fee (ROCF) Refund

In some cases, the authorities might deny citizenship to certain applicants. These individuals would get a refund of the Right of Citizenship Fee (ROCF) once the 180-day waiting period has ended. However, they would only get this refund if they have not filed any appeal. In case they file an appeal, they would only get a refund once the authorities deny the appeal. As such, these individuals would not obtain a refund if the authorities allow the appeal and the applicants become Canadian citizens.

The Time for Processing Refunds

It would take approximately one to three months from the time the Case Processing Centre in Sydney (CPC-S) receives the file for processing a Right of Citizenship Fee (ROCF) refund. This is in addition to the six-month holding period i.e. the 180-day waiting period) at the local office for the non-approved files. The officers would be able to send withdrawn applications immediately to the Case Processing Centre in Sydney (CPC-S) for a refund. The officers would typically mail the refunds to the payer on file.

The Application Processing Fee

Generally, the officers do not provide a refund of the application processing fee for either grants or proofs. They would only refund the application processing fee if:

• The applicant dies before a citizenship official made a decision or,
• The applicant applied for a grant or proof of citizenship on the basis of incorrect information given by officials of Citizenship and Immigration Canada (CIC)
  • In this scenario, the applicant would need to provide the relevant documentation that supports the error

No Fee for Minors, No Refund

The authorities do not levy any Right of Citizenship Fee (ROCF) on a minor’s application. As such, they would not provide any refunds for applications made on the behalf of minors for whom the authorities have refused to provide citizenship. Similarly, the officers would not refund the processing fee for applications made by or on behalf of minors if the authorities refuse to grant citizenship to the minor’s parent. It is worth mentioning that in case the authorities refuse to provide citizenship to the parents of the minor, the officers cannot:

• Hold the application processing fee for minors pending a new application by a parent or,
• Credit the application processing fee for minors towards a subsequent application

The Decision Making Process

If the authorities refuse the application, then the Case Processing Centre Sydney (CPC-S) would need to automatically initiate the refund after the regulatory 180-day period, if the applicants have not filed any appeal.

• If the client files an appeal, then the Case Processing Centre Sydney (CPC-S) would only refund the fee if the authorities deny the appeal
• If the client has no intention of appealing, the client can request a refund before the 180-day period by writing to the designated local Citizenship and Immigration Canada (CIC) office

In some situations, parents and a minor might apply at the same time. The authorities might not approve the parent’s application. In this scenario, the authorities would not refund the processing fee for the child’s application even if the parents were to withdraw the child’s application.

Clients wanting to withdraw the application would need to make a withdrawal request in writing to the responsible office. Only then would the authorities be able to initiate a refund.

Officers would need to provide a refund if the applicant dies before the authorities make a decision or issue a proof certificate. In this scenario, the refund request would typically need to come from a spouse or common-law partner (CLP), a parent or an executor. The applicant submitting the refund request would need to include a copy of the death certificate along with the refund request. The officers would typically pay the refund to the applicant’s estate.

Similarly, the officers would need to provide a refund when the applicant applies for a proof or a grant of citizenship on the basis of receiving incorrect information from officials of Citizenship and Immigration Canada (CIC). However, in this scenario, the applicant would need to provide the relevant documentation supporting the error. Thereafter, the authorities would process the refund once Citizenship and Immigration Canada (CIC) confirms that it’s officials have provided incorrect information to the applicant.

The Employer Compliance Fee Refund and Open Work Permit Holders Fee Refund

Typically, officers would refund revenues when:

• They have collected these in error
• They have collected these in excess of the requirements
• An applicant requests the withdrawal of the application before the officers begin processing it
• An applicant who has paid a privilege fee such as the Right of Permanent Residence Fee (RPRF) does not exercise the right or does not receive the right from the authorities
• An applicant paid a fee for a service fee before the authorities subsequently determine that the applicant qualifies for a fee exemption or,
• An applicant submits an application for which the authorities cannot grant the service because of the applicant’s status

The Scenarios Specific to Applications from Designated Foreign Nationals

It is worth mentioning that the authorities would not refund any fees for suspended cases. However, the authorities would need to refund the fees received for new permanent residence or temporary resident permit applications submitted by a Designated Foreign National on or after the date of designation if the five-year bar applies. In this scenario, the officers would also need to return the application to the applicant.

The Employer Compliance Fee Refunds

The officers would need to refund the employer compliance fee to the person who paid it if:

• The authorities refuse the work permit or,
• The employer withdraws the offer of employment and requests a refund prior to the issuance of the work permit

The Refunds for Open Work Permit Holder Fees

The officers would need to refund the open work permit holder fee to the person who paid it if:

• The authorities refuse the work permit or,
• The foreign national withdraws the application and requests a refund prior to the issuance of the work permit

In some situations, the officers might receive a provincial nominee certificate for a case in another economic class. In this scenario, they would need to follow the given procedures:

• If the authorities have not begun processing the case i.e. the case has not passed the initial evaluation stage
  • The mission would receive the certificate
  • Thereafter, the mission would need to inform the applicant that it has received a certificate and that the applicant needs to submit a new, complete application in the provincial nominee class (including annex 4)
  • At this point, the applicant has the option of:
    • Withdrawing the initial application or,
      • In this scenario, the officers have the authority to assign the fees paid for the initial application to the PV2 application instead of refunding it
      • However, the officers would need to indicate the action that they are taking and the basis for their decision clearly in the notes on the Computer Assisted Immigration Processing System (CAIPS)
    • Continuing with both the applications
• If the authorities have begun processing the case i.e. the case has passed the initial evaluation stage
  • Once a case passes the initial evaluation stages, the officers cannot provide refunds of the processing fees
  • If the applicant submits a provincial nominee certificate and wants the authorities to consider the applicant in the provincial nominee class, the applicant has the option of withdrawing the federal application and submitting a new application in the provincial nominee class
  • In this scenario, the officers would not refund the processing fees for the federal application
  • As such, the officers would need the applicant to pay the new processing fees for the application in the provincial nominee class
  • The second option that the applicant has is of allowing the authorities to continue processing the federal application, whilst submitting a new application in the provincial nominee class, along with paying the new fees
  • It is worth mentioning that the applicant does not necessarily have to withdraw the initial application, because the Immigration and Refugee Protection Act (IRPA) does not prohibit applicants from submitting multiple applications
  • Before the visa office finalises either application, it would need to inform the applicant that the applicant would need to withdraw the second application for the visa office to issue the visa
  • This is because the visa office will not issue a visa for one file while the second remains open and in process
  • Cases under the Provincial Nominee Program (PNP) are not in the selection inventory queueing
  • As such, having the applicants withdraw and re-apply would not disadvantage them with regards to their places in the processing queue and their processing times
  • Some general principles that the authorities use concerning fee refunds:
    • Officers would only be able to reallocate funds when the file has not passed the initial evaluation stage and the request for transferring the fee to the new file accompanies the new file
      • In other words, the officers cannot prescribe waiting periods or hold the fees for future considerations
    • Similarly, the officers cannot refund or reallocate fees once a file passes the initial evaluation stages

The authorities were processing certain applications made under the Federal Skilled Worker (FSW) program prior to February 27, 2008. They ceased processing these applications with effect from June 29, 2012. Thereafter, as required by law, the authorities have needed to repay the fees paid to Citizenship and Immigration Canada (CIC) in respect of the affected applications to the applicants who paid them.

Overview

National Headquarters (NHQ) Finance would be implementing a phased approach for the return of fees for the terminated Federal Skilled Worker (FSW) applications. They would be giving first priority to those applicants who:

• Responded to the general notice on the Citizenship and Immigration Canada (CIC) website as affected by the terminating provision of the Act and,
• Submitted the Return of Processing Fee, Right of Permanent Residence Fee or Right of Landing Fee form and,
• Provided the contact information as directed

National Headquarters (NHQ) Finance would subsequently follow up with all the affected applicants for confirming their contact information in advance of issuing the relevant fee returns.

To facilitate the compilation of data that the National Headquarters (NHQ) Finance requires for initiating the return of fees, the visa officers would need to take certain actions. In addition, unsuccessful applicants who had paid the Right of Permanent Residence Fees (RPRF) would continue to be entitled to a return of that fee in accordance with existing procedures.

The Returning Fees Paid to Citizenship and Immigration Canada (CIC)

National Headquarters (NHQ) Finance would be responsible for centralising the process of returning fees paid to Citizenship and Immigration Canada (CIC) concerning the termination of the affected applications. For this, National Headquarters (NHQ) Finance would consult the visa offices as required. Citizenship and Immigration Canada (CIC) would initiate the fee returns and communications with the affected applicants in due course of time.

National Headquarters (NHQ) Finance would typically use the POS+ data available at missions as the basis for the amounts it needs to refund. It would also communicate with the affected missions in due course for providing further instructions on the extraction of the required data. Thereafter, National Headquarters (NHQ) Finance would match the POS+ data with the eligible cases extracted from the Computer Assisted Immigration Processing System (CAIPS) or the Global Case Management System (GCMS). This will eventually form the baseline data for the purpose of returning the fees to the payee.

In addition, National Headquarters (NHQ) Finance would also communicate with the eligible applicants in due course for confirming contact and payee information prior to initiating any return of fees paid to Citizenship and Immigration Canada (CIC). They will provide the applicants with a reasonable period of time for responding to these confirmation notices.

In some cases, the possibility exists that applicants might not respond to any initial and subsequent follow-up communications. In this scenario, the authorities would terminate the applications. However, they would still be able to take action at a future date for returning the fees to the person who paid them.

National Headquarters (NHQ) Finance would issue fee returns in the appropriate currency for the country in which the person who paid the fees resides. For this, it would use the daily exchange conversion rate in effect on the date of issuance. In addition, unsuccessful applicants who had paid the Right of Permanent Residence Fees (RPRF) would continue to be entitled to a return of that fee in accordance with existing procedures.

The Background

On January 24, 2007, the Minister of Citizenship and Immigration announced that the authorities would take immediate action for addressing the situation of individuals who had discovered that they did not have Canadian citizenship, after living in Canada for most of their lives. A number of people began enquiring about the need for proving their citizenship because of:

• The recent need to have a passport to fly to the United states and,
• The increased interactions with entitlement issuing government departments

In some situations, the authorities determined that these individuals never were citizens, while in other cases, the authorities found that these individuals had long ceased to be citizens. In both situations, these individuals had held reasonable but mistaken beliefs that they were Canadian citizens.

The Citizenship Regulations provides officers with the authority to charge individuals applying for citizenship. Thus, they charge $630 as the total fee for granting an adult citizenship. This comprises $530 for the processing fee and $100 for the right of citizenship fee. The total fee for resuming citizenship is a processing fee of $530. It is worth mentioning that there are no provisions in the Citizenship Act or Regulations that enable the authorities to provide a discretionary remission (or refund) or an exemption of fees.

The 2007 Citizenship Fees Remission Order enables Citizenship and Immigration Canada (CIC) to remit or exempt citizenship grant and resumption fees. This provision applies to those applications from individuals who meet the specified conditions.

Who Qualifies Under the Remission Order

To qualify under the remission order, applicants would need to meet all of the following conditions. They would need to:

• Show that they have received or are under consideration for receiving citizenship under the provisions specified in subsection 5 (4) of the Citizenship Act
• Show that they had an application for a grant or a resumption of citizenship in process on January 24, 2007, or have submitted an application on or after that date
• Show that they have had a reasonable but mistaken belief that they were Canadian citizens
• Show that they have lived in Canada for most of their lives and,
• Show that they are currently living in Canada

The authorities would consider applicants as being ineligible for qualification if they meet any of the following conditions.

• They are permanent residents within the meaning of the provisions specified in subsection 2 (1) of the Immigration and Refugee Protection Act (IRPA)
• The provisions specified under section 20 or 22 of the Citizenship Act prohibits the authorities from granting these individuals citizenship or,
• They have renounced their citizenship under the Canadian Citizenship Act (as it was in force from 1947 till 1977) or the Citizenship Act

The Difference Between the Exemption of Fees and the Refund of Fees

Applicants who meet the conditions of the 2007 Citizenship Fees Remission Order would either:

• Be exempt from paying the fees i.e. the officers would not collect any fees or,
• Would receive a refund i.e. the officers would return all the fees paid towards the application

Similarly, applicants who have paid partial fees would receive a refund for the portion paid. In addition, they would receive an exemption from the balance fee payable.

The steps given below help in ensuring that officers identify applications from eligible individuals and process them early. This would enable them to provide an exemption from paying the fees or issue refunds as early as possible in the process.

In some cases, officers might come across applicants who meet the conditions of the remission order but whose files the officers had already forwarded to the Case Management Branch (CMB) or the local office at the time of issuance of the remission order i.e. March 22, 2007. These individuals would typically receive their refunds at the end of the process.

The Exemption of Fees – The Procedures for New Applications with No Payments or Partial Payments

The mailroom agents would need to follow these procedures whenever they receive applications with no proof of payment or partial payment included.

• If an applicant provides:
  • An immigration record of landing or a permanent resident card and,
  • Does not request consideration for a discretionary grant under the provisions specified in subsection 5 (4) and,
  • Does not request an exemption of fees
• Then, the applicant does not qualify under the remission order
  • Therefore, the mailroom agents would:
    • Return the application as per current procedures regarding applications received with no fees OR,
    • Follow the current procedures regarding applications received with partial fees

• If the applicant does not provide:
  • An immigration record of landing or a permanent resident card and,
  • Does not request consideration for a discretionary grant under the provisions specified in subsection 5 (4) and,
  • Does not request an exemption of fees
• Then, the applicant might qualify under the remission order
  • Therefore, the mailroom agents would:
    • Review the application and documentation against a checklist for determining if the applicant qualifies for a remission order
    • If the applicant does not qualify for a remission order:
      • The mailroom agents would:
        • Return the application in accordance with current procedures regarding applications received with no fees or,
        • Follow the current procedures regarding applications received with partial fees
    • If the applicant appears to qualify for a remission order:
      • The mailroom agents would:
        • Complete the mailroom process and,
        • Forward the application to the service delivery agent for urgent processing

• If the applicant:
  • Requests consideration for a discretionary grant under the provisions specified in subsection 5 (4) or,
  • Requests an exemption of fees
• Then, the applicant might qualify under the remission order
  • Therefore, the mailroom agents would:
    • Complete the mailroom process and,
    • Forward the application to the service delivery agent for urgent processing

In this scenario, the applicant may or may not have provided an immigration record of landing or permanent resident card.

The Program Support Officer Procedures for the Exemption of Fees

The service delivery agent would typically complete processing the file with partial payment or no payment. Thereafter, the agent would forward the file to Program Support for review. A program support officer would need to review the application and the documentation found in the file. This would enable the program support officer to confirm whether the application meets the conditions for the exemptions of fees.

If the program support officer determines that the applicant does not meet the conditions for the remission order, then the program support officer would need to:

• Contact the applicant for explaining that the remission order does not apply in this situation and,
• Request the applicant to pay the required or missing fees

If the program support officer determines that the applicant does meet the conditions for the remission order, then the program support officer would need to:

• Change the status of the sub-activity “Allocate Fees” in the Global Case Management System (GCMS) to ‘Not Required’
• Add a case note stating that the fees is not required in accordance with the provisions specified in the Remission Order 2007
• Complete the remission template and forward it to the Case Processing Centre – Sydney Finance
• Change the case stage in the Global Case Management System (GCMS) from “Capture” to “Certprep / Clearances” and,
• Forward the file to the Case Management Branch for 5 (4) consideration

The Case Management Branch (CMB) Procedures for the Exemption of Fees The Case Management Branch (CMB) might receive applications directly from the applicants that:

• Qualify under the remission order and,
• Include partial payment or no payment

In this scenario, the Case Management Branch (CMB) would need to:

• Change the status of the sub-activity “Allocate Fees” in the Global Case Management System (GCMS) to ‘Not Required’
• Add a case note stating that the fees is not required in accordance with the provisions specified in the Remission Order 2007
• Complete the remission template and forward it to the Case Processing Centre – Sydney Finance and,
• Process the application as per normal procedures

The Case Processing Centre – Sydney Finance Procedures for the Exemption of Fees

The Case Processing Centre – Sydney Finance would receive completed templates from either Program Support or the Case Management Branch (CMB). On receiving these, it would need to:

• Issue the refund if the authorities have received partial payments and,
• Record all the necessary information for reporting purposes

The Exemption of Fees – The Procedures for New Applications where the Officers Receive Full Payment But Do Not Process the Applications

The mailroom agents and the service delivery agents process applications with full payments received based on regular procedures.

They would need to refer the following applications to Program Support when the applicant is not a permanent resident:

• Applications for a regular grant under the provisions specified in 5 (1) or,
• Applications for a resumption under the provisions specified in 11 (1) and,
• Applications where clients request consideration for discretionary grants under the provisions specified in 5 (4)

Officers would end up referring such applications to Program Support. A program support officer would need to review the application and the documentation found in the file. This would enable the program support officer to confirm whether the application meets the conditions for the exemptions of fees.

If the program support officer determines that the applicant does not meet the conditions for the remission order, then the program support officer would need to:

• Forward the file to the local office or the Case Management Branch (CMB) as appropriate

If the program support officer determines that the applicant does meet the conditions for the remission order, then the program support officer would need to:

• Change the status of the sub-activity “Allocate Fees” in the Global Case Management System (GCMS) to ‘Not Required’
• Add a case note stating that the fees is not required in accordance with the provisions specified in the Remission Order 2007
• Complete the remission template and forward it to the Case Processing Centre – Sydney Finance
• Change the case stage in the Global Case Management System (GCMS) from “Capture” to “Certprep / Clearances” and,
• Forward the file to the Case Management Branch (CMB) for 5 (4) consideration

The Case Management Branch (CMB) Procedures for the Exemption of Fees Where the Officers Receive the Full Payment But Do Not Process the Application

The Case Management Branch (CMB) might receive applications directly from the applicants that:

• Qualify under the remission order and,
• Include full payment

In this scenario, the Case Management Branch (CMB) would need to:

• Change the status of the sub-activity “Allocate Fees” in the Global Case Management System (GCMS) to ‘Not Required’
• Add a case note stating that the fees is not required in accordance with the provisions specified in the Remission Order 2007
• Complete the remission template and forward it to the Case Processing Centre – Sydney Finance and,
• Process the application as per normal procedures

The Case Processing Centre – Sydney Finance Procedures for the Exemption of Fees Where the Officers Receive the Full Payment But Do Not Process the Application

The Case Processing Centre – Sydney Finance would receive completed templates from either Program Support or the Case Management Branch (CMB). On receiving these, it would need to:

• Issue the refund if the authorities have received full payments and,
• Record all the necessary information for reporting purposes

Officers might come across situations where they find applications with payments already in process. In many cases, they might subsequently identify these cases as meeting the conditions for the remission order. In these situations, the applicant file might be in the Case Processing Centre in Sydney, at the Case Management Branch or at the local office.

The Local Office Procedures for the Refund of Fees

The local office might come across a case that is eligible under the remission order for a refund of the fees paid. In addition, it might find that no one has yet refunded these fees. In this scenario, the local office would need to complete the presentation of the certificate and the oath taking. Thereafter, it would need to:

• Place the file in a container clearly identified as remission order cases
• Forward the container to the Case Processing Centre in Sydney Program Support for processing and,
• Add a case note explaining that the officers have forwarded the file to the Case Processing Centre in Sydney Program Support for the refund of fees under the 2007 Citizenship Fees Remission Order

The Case Management Branch (CMB) Procedures for the Refund of Fees

The Case Management Branch (CMB) might come across a case that is eligible under the remission order for a refund of the fees paid. In addition, it might find that no one has yet refunded these fees. In this scenario, the Case Management Branch (CMB) would need to:

• Inform the local office of this situation when it sends the file to the office for the presentation of the certificate and the oath taking
  • The local office would identify this as a remission order case when it returns the file to the Case Processing Centre in Sydney (CPC-S) (refer to the procedures given above)

The Program Support Officer Procedures for the Refund of Fees

As mentioned above, Program Support would come across cases when it receives files from local offices that have been identified as remission order cases. In this scenario, the program support officer would need to:

• Complete the remission template
• Forward the file to the Case Processing Centre in Sydney (CPC-S) for processing the refund and,
• Archive the file after the Case Processing Centre in Sydney (CPC-S) has acted and returned it

The Case Processing Centre in Sydney Finance Procedures for the Refund of Fees

The Case Processing Centre in Sydney (CPC-S) would typically receive files with completed remission templates from Program Support. On receiving these files, the Case Processing Centre in Sydney (CPC-S) would need to:

• Issue the refund under the remission order
• Record all the necessary information for reporting purposes and,
• Return the file to Program Support

In some situations, the officers could find that National Headquarters (NHQ) centrally issues refunds for Integrated Payment and Revenue Management Systems (IPRMS) payments accepted at local offices. National Headquarters (NHQ) would typically refund payments made online by credit card to the same credit card, where possible. Similarly, National Headquarters (NHQ) would refund payments made at Canadian financial institutions by cheque. The refund process has been given below:

The local office would typically trigger the refund process in the Global Case Management System (GCMS). Global Case Management System (GCMS) users would be aware of the instructions on how they would be able to record refunds in the Global Case Management System (GCMS).

• The local office would need to complete the standard refund form and sign section 20 of the refund form
• Thereafter, it would need to send the refund form and a copy of the Integrated Payment and Revenue Management Systems (IPRMS) receipt to Integrated Payment and Revenue Management Systems (IPRMS) Production
• The Revenue Accounting team in National Headquarters (NHQ) would need to process the refund within three to four weeks and confirm the issuance of the refund to the local office
  • The local offices bear the responsibility for following up if they do not receive any confirmations from the Revenue Accounting team beyond processing delays

It is worth noting that only the office that reserves a receipt would be able to allocate that receipt or initiate its refund. In other words, in some situations, officers at a case processing centre (CPC) might cost recover a receipt at the case processing centre (CPC). Thereafter, the case processing centre (CPC) would need to allocate that receipt before transferring the file to the local office.

Similarly, officers might come across refunds that they need to do on a receipt reserved at a case processing centre (CPC) rather than at a local office. In this scenario, they would need to send back these receipts to the case processing centre (CPC) for processing.

The Background

On January 24, 2007, the Minister of Citizenship and Immigration announced that the authorities would take immediate action for addressing the situation of individuals who had discovered that they did not have Canadian citizenship, after living in Canada for most of their lives. A number of people began enquiring about the need for proving their citizenship because of:

• The recent need to have a passport to fly to the United states and,
• The increased interactions with entitlement issuing government departments

In some situations, the authorities determined that these individuals never were citizens, while in other cases, the authorities found that these individuals had long ceased to be citizens. In both situations, these individuals had held reasonable but mistaken beliefs that they were Canadian citizens.

The Citizenship Regulations provides officers with the authority to charge individuals applying for citizenship. Thus, they charge $630 as the total fee for granting an adult citizenship. This comprises $530 for the processing fee and $100 for the right of citizenship fee. The total fee for resuming citizenship is a processing fee of $530. It is worth mentioning that there are no provisions in the Citizenship Act or Regulations that enable the authorities to provide a discretionary remission (or refund) or an exemption of fees.

The 2007 Citizenship Fees Remission Order enables Citizenship and Immigration Canada (CIC) to remit or exempt citizenship grant and resumption fees. This provision applies to those applications from individuals who meet the specified conditions.

Who Qualifies Under the Remission Order

To qualify under the remission order, applicants would need to meet all of the following conditions. They would need to:

• Show that they have received or are under consideration for receiving citizenship under the provisions specified in subsection 5 (4) of the Citizenship Act
• Show that they had an application for a grant or a resumption of citizenship in process on January 24, 2007, or have submitted an application on or after that date
• Show that they have had a reasonable but mistaken belief that they were Canadian citizens
• Show that they have lived in Canada for most of their lives and,
• Show that they are currently living in Canada

The authorities would consider applicants as being ineligible for qualification if they meet any of the following conditions.

• They are permanent residents within the meaning of the provisions specified in subsection 2 (1) of the Immigration and Refugee Protection Act (IRPA)
• The provisions specified under section 20 or 22 of the Citizenship Act prohibits the authorities from granting these individuals citizenship or,
• They have renounced their citizenship under the Canadian Citizenship Act (as it was in force from 1947 till 1977) or the Citizenship Act

The Difference Between the Exemption of Fees and the Refund of Fees

Applicants who meet the conditions of the 2007 Citizenship Fees Remission Order would either:

• Be exempt from paying the fees i.e. the officers would not collect any fees or,
• Would receive a refund i.e. the officers would return all the fees paid towards the application

Similarly, applicants who have paid partial fees would receive a refund for the portion paid. In addition, they would receive an exemption from the balance fee payable.

The steps given below help in ensuring that officers identify applications from eligible individuals and process them early. This would enable them to provide an exemption from paying the fees or issue refunds as early as possible in the process.

In some cases, officers might come across applicants who meet the conditions of the remission order but whose files the officers had already forwarded to the Case Management Branch (CMB) or the local office at the time of issuance of the remission order i.e. March 22, 2007. These individuals would typically receive their refunds at the end of the process.

The Exemption of Fees – The Procedures for New Applications with No Payments or Partial Payments

The mailroom agents would need to follow these procedures whenever they receive applications with no proof of payment or partial payment included.

• If an applicant provides:
  • An immigration record of landing or a permanent resident card and,
  • Does not request consideration for a discretionary grant under the provisions specified in subsection 5 (4) and,
  • Does not request an exemption of fees
• Then, the applicant does not qualify under the remission order
  • Therefore, the mailroom agents would:
    • Return the application as per current procedures regarding applications received with no fees OR,
    • Follow the current procedures regarding applications received with partial fees

• If the applicant does not provide:
  • An immigration record of landing or a permanent resident card and,
  • Does not request consideration for a discretionary grant under the provisions specified in subsection 5 (4) and,
  • Does not request an exemption of fees
• Then, the applicant might qualify under the remission order
  • Therefore, the mailroom agents would:
    • Review the application and documentation against a checklist for determining if the applicant qualifies for a remission order
    • If the applicant does not qualify for a remission order:
      • The mailroom agents would:
        • Return the application in accordance with current procedures regarding applications received with no fees or,
        • Follow the current procedures regarding applications received with partial fees
    • If the applicant appears to qualify for a remission order:
      • The mailroom agents would:
        • Complete the mailroom process and,
        • Forward the application to the service delivery agent for urgent processing

• If the applicant:
  • Requests consideration for a discretionary grant under the provisions specified in subsection 5 (4) or,
  • Requests an exemption of fees
• Then, the applicant might qualify under the remission order
  • Therefore, the mailroom agents would:
    • Complete the mailroom process and,
    • Forward the application to the service delivery agent for urgent processing

In this scenario, the applicant may or may not have provided an immigration record of landing or permanent resident card.

The Program Support Officer Procedures for the Exemption of Fees

The service delivery agent would typically complete processing the file with partial payment or no payment. Thereafter, the agent would forward the file to Program Support for review. A program support officer would need to review the application and the documentation found in the file. This would enable the program support officer to confirm whether the application meets the conditions for the exemptions of fees.

If the program support officer determines that the applicant does not meet the conditions for the remission order, then the program support officer would need to:

• Contact the applicant for explaining that the remission order does not apply in this situation and,
• Request the applicant to pay the required or missing fees

If the program support officer determines that the applicant does meet the conditions for the remission order, then the program support officer would need to:

• Change the status of the sub-activity “Allocate Fees” in the Global Case Management System (GCMS) to ‘Not Required’
• Add a case note stating that the fees is not required in accordance with the provisions specified in the Remission Order 2007
• Complete the remission template and forward it to the Case Processing Centre – Sydney Finance
• Change the case stage in the Global Case Management System (GCMS) from “Capture” to “Certprep / Clearances” and,
• Forward the file to the Case Management Branch (CMB) for 5 (4) consideration

The Case Management Branch Procedures for the Exemption of Fees

The Case Management Branch (CMB) might receive applications directly from the applicants that:

• Qualify under the remission order and,
• Include partial payment or no payment

In this scenario, the Case Management Branch (CMB) would need to:

• Change the status of the sub-activity “Allocate Fees” in the Global Case Management System (GCMS) to ‘Not Required’
• Add a case note stating that the fees is not required in accordance with the provisions specified in the Remission Order 2007
• Complete the remission template and forward it to the Case Processing Centre – Sydney Finance and,
• Process the application as per normal procedures

The Case Processing Centre – Sydney Finance Procedures for the Exemption of Fees

The Case Processing Centre – Sydney Finance would receive completed templates from either Program Support or the Case Management Branch. On receiving these, it would need to:

• Issue the refund if the authorities have received partial payments and,
• Record all the necessary information for reporting purposes

The Exemption of Fees – The Procedures for New Applications where the Officers Receive Full Payment But Do Not Process the Applications

The mailroom agents and the service delivery agents process applications with full payments received based on regular procedures.

They would need to refer the following applications to Program Support when the applicant is not a permanent resident:

• Applications for a regular grant under the provisions specified in 5 (1) or,
• Applications for a resumption under the provisions specified in 11 (1) and,
• Applications where clients request consideration for discretionary grants under the provisions specified in 5 (4)

Officers would end up referring such applications to Program Support. A program support officer would need to review the application and the documentation found in the file. This would enable the program support officer to confirm whether the application meets the conditions for the exemptions of fees.

If the program support officer determines that the applicant does not meet the conditions for the remission order, then the program support officer would need to:

• Forward the file to the local office or the Case Management Branch (CMB) as appropriate

If the program support officer determines that the applicant does meet the conditions for the remission order, then the program support officer would need to:

• Change the status of the sub-activity “Allocate Fees” in the Global Case Management System (GCMS) to ‘Not Required’
• Add a case note stating that the fees is not required in accordance with the provisions specified in the Remission Order 2007
• Complete the remission template and forward it to the Case Processing Centre – Sydney Finance
• Change the case stage in the Global Case Management System (GCMS) from “Capture” to “Certprep / Clearances” and,
• Forward the file to the Case Management Branch (CMB) for 5 (4) consideration

The Case Management Branch Procedures for the Exemption of Fees Where the Officers Receive the Full Payment But Do Not Process the Application

The Case Management Branch (CMB) might receive applications directly from the applicants that:

• Qualify under the remission order and,
• Include full payment

In this scenario, the Case Management Branch (CMB) would need to:

• Change the status of the sub-activity “Allocate Fees” in the Global Case Management System (GCMS) to ‘Not Required’
• Add a case note stating that the fees is not required in accordance with the provisions specified in the Remission Order 2007
• Complete the remission template and forward it to the Case Processing Centre – Sydney Finance and,
• Process the application as per normal procedures

The Case Processing Centre – Sydney Finance Procedures for the Exemption of Fees Where the Officers Receive the Full Payment But Do Not Process the Application

The Case Processing Centre – Sydney Finance would receive completed templates from either Program Support or the Case Management Branch (CMB). On receiving these, it would need to:

• Issue the refund if the authorities have received full payments and,
• Record all the necessary information for reporting purposes

Officers might come across situations where they find applications with payments already in process. In many cases, they might subsequently identify these cases as meeting the conditions for the remission order. In these situations, the applicant file might be in the Case Processing Centre in Sydney (CPC-S), at the Case Management Branch (CMB) or at the local office.

The Local Office Procedures for the Refund of Fees

The local office might come across a case that is eligible under the remission order for a refund of the fees paid. In addition, it might find that no one has yet refunded these fees. In this scenario, the local office would need to complete the presentation of the certificate and the oath taking. Thereafter, it would need to:

• Place the file in a container clearly identified as remission order cases
• Forward the container to the Case Processing Centre in Sydney Program Support for processing and,
• Add a case note explaining that the officers have forwarded the file to the Case Processing Centre in Sydney Program Support for the refund of fees under the 2007 Citizenship Fees Remission Order

The Case Management Branch Procedures for the Refund of Fees

The Case Management Branch (CMB) might come across a case that is eligible under the remission order for a refund of the fees paid. In addition, it might find that no one has yet refunded these fees. In this scenario, the Case Management Branch (CMB) would need to:

• Inform the local office of this situation when it sends the file to the office for the presentation of the certificate and the oath taking
  • The local office would identify this as a remission order case when it returns the file to the Case Processing Centre in Sydney (CPC-S) (refer to the procedures given above)

The Program Support Officer Procedures for the Refund of Fees

As mentioned above, Program Support would come across cases when it receives files from local offices that have been identified as remission order cases. In this scenario, the program support officer would need to:

• Complete the remission template
• Forward the file to the Case Processing Centre in Sydney (CPC-S) for processing the refund and,
• Archive the file after the Case Processing Centre in Sydney (CPC-S) has acted and returned it

The Case Processing Centre in Sydney Finance Procedures for the Refund of Fees

The Case Processing Centre in Sydney (CPC-S) would typically receive files with completed remission templates from Program Support. On receiving these files, the Case Processing Centre in Sydney (CPC-S) would need to:

• Issue the refund under the remission order
• Record all the necessary information for reporting purposes and,
• Return the file to Program Support