This section deals with the manner in which officers would need to process applications for permanent residence submitted by applicants in the Federal Skilled Trades (FST) class. It is worth noting that this section applies to the processing instructions that officers need to follow prior to the launch of Express Entry.
The Program Delivery Instructions for Applications Received On or Before December 31, 2014 (pre-Express Entry)
Intake
The Economic Class Requirements and Process at the Centralised Intake Office (CIO)
Express Entry candidates who receive invitations to apply from the authorities would need to submit their applications for permanent residence (e-APR) electronically. This applies to applications for permanent residence made under the following programs:
- The Federal Skilled Worker Program (FSWP)
- The Federal Skilled Trades Program (FSTP)
- The Canadian Experience Class (CEC) and,
- The Provincial Nominee Program (PNP)
This is in accordance with the provisions specified in R12.01 (1).
When a candidate receives an Invitation to Apply (ITA) (refer to Appendix A), they will find that their MyCIC account automatically displays the option for submitting an electronic application for permanent residence (e-APR). The electronic application for permanent residence (e-APR) is a dynamic form. It asks the applicant questions based on the information provided by the applicant in the applicant’s profile. For instance, the system will prompt the applicant with questions about the applicant’s spouse, if the applicant declares a spouse.
The system will automatically pre-populate the information from a candidate’s Express Entry profile (refer to Appendix B) into the applicant’s electronic application for permanent residence (e-APR). Therefore, the applicants would simply need to verify that the information captured remains correct. In case the applicant finds that the information required some changes, the applicant would need to amend the details as required. In most cases, the system typically captures much of the application information. Because of this, the applicants would only need to answer questions related to family composition and admissibility, among other things.
The Proof of Claims
Applicants submitting electronic applications for permanent residence (e-APRs) would need to provide the relevant supporting documentation. The documentation provided would serve to satisfy the officers about the claims the applicants have made in their:
- Express Entry profiles and,
- Electronic applications for permanent residence (e-APRs)
It is worth noting that the information given by the applicants in their Express Entry profiles form the basis on which the authorities extend invitations to apply (ITAs) to them.
In some instances, the candidates might submit their electronic applications for permanent residence (e-APRs). However, they might not be able to substantiate the information based on which they received invitations to apply (ITAs). In this scenario, the officers would need to refuse the candidate’s application. This is in accordance with the provisions stipulated in A11.2. The officers would also need to consider whether the candidate is guilty of wilful misrepresentation – based on the provisions specified in A40 (refer to Appendix C). It is worth highlighting that the penalty for wilful misrepresentation is a five-year ban on applying to Canada.
The Process for Applicants Who Have Multiple Applications in Process
Situations could arise where the processing offices might come across certain applicants who:
- Submitted Applications for Permanent Residence (APRs) prior to the launch of Express Entry i.e. before January 01, 2015 and,
- Submitted electronic applications for permanent residence (e-APRs) via the Express Entry system on or after January 01, 2015
The regulations permit foreign nationals to apply for multiple immigration programs simultaneously. However, applicants doing so would need to pay the cost recovery fees specified for each program to which they have applied (refer to Appendix D).
In certain situations, the applicant might receive acceptances to more than one program. In this scenario, the applicant would need to choose the program under which they want to receive their permanent resident status.
The Lock-in Date for Age
Applicants typically submit their electronic applications for permanent residence (e-APRs) in their MyCIC accounts. At the time they submit their applications, the system records the date of receipt of the application in the Global Case Management System (GCMS). Thereafter, the system automatically issues an Acknowledgement of Receipt letter to the applicant. This takes place through the applicant’s MyCIC account as well.
In the following programs, the system locks the age of the principal applicant, their spouse or common-law partner and their dependent children (as applicable) on the date on which Citizenship and Immigration Canada (CIC) received the electronic application for permanent residence (e-APR).
- The Federal Skilled Worker Program (FSWP)
- The Federal Skilled Trades Program (FSTP) and,
- The Canadian Experience Class (CEC)
In the Provincial Nominee Program (PNP), the system locks the age of a dependent child on the date on which the province or territory (PT) received the application for provincial nomination. However, it is worth highlighting that the system automatically sets the lock-in date to the date on which Citizenship and Immigration Canada (CIC) received the electronic application for permanent residence (e-APR). This is why processing offices would need to revise manually the lock-in date specified on the Provincial Nominee Program (PNP) application. This is especially so if they come across a dependent whose age or fees might face an impact otherwise.
Officers might need additional details about principal applicants and their ages. This is especially the case because the age of the principal applicant often affects the eligibility of the principal applicant. To obtain additional information, they would need to go through Exemption to A11.2: Candidates who have a birthday after the Invitation to Apply (ITA).
The Instructions for Updating a Lock-in Date on a Provincial Nominee Program (PNP) Application in the Global Case Management System (GCMS)
Officers would need to follow the steps given below when they need to update the lock-in date on a Provincial Nominee Program (PNP) application in the Global Case Management System (GCMS). They would need to select the following in the Global Case Management System (GCMS):
- EE Eligibility followed by
- PNC Details followed by
- PT Nomination App Rec’d Date
Thereafter, they would need to:
- Take the date identified in this field
- Copy it into the Lock-in Date field (which will be in an editable form)
Once the officers have updated the Lock-in Date field, the processing offices would need to determine the appropriate cost recovery fees for the dependents. After this, they would need to request the applicant to pay the appropriate fees or refund the fees, whichever is applicable.
In some cases, situations could arise where the PT Nomination App Rec’d Date field does not contain the date on which the province or territory (PT) received the Provincial Nominee (PN) application. In this scenario, the processing offices would need to use the date recorded in the:
- Nomination spreadsheet that provinces and territories (PTs) sent to the Centralised Intake Office in Sydney or,
- Confirmation of nomination letter that provinces and territories (PTs) provide to nominees
It is worth highlighting that applicants do not normally need to upload a copy of the confirmation of nomination letter as part of their complete applications. Therefore, the processing offices would need to request the applicants for obtaining a copy of this letter.
The Full Procedures
The complete procedures involve knowing the details about:
- The Cost Recovery Fees (refer to Appendix D)
- The Completeness Check (refer to Appendix E2.1)
- The Alternative Application Process for Persons with Disabilities (refer to Appendix F) and,
- The Language Test Scores for Persons with Disabilities (refer to Appendix G)
Express Entry: Invitation to Apply
Creating an Express Entry Profile and the Requirements for Entering the Pool
The Cost Recovery Fees for the Electronic Application for Permanent Residence (e-APR)
The Alternative Application Process for Persons with Disabilities
Language Test Scores for Persons with Disabilities
Source: Citizenship and Immigration
