Operational Bulletin 554 – November 08, 2013
Summary
Effective November 09, 2013, the Centralized Intake Office (CIO) would only:
- Consider a maximum of 12,000 new applications for processing annually
- Consider applications that are complete in the Canadian Experience Class (CEC)
Issue
This Operational Bulletin provides direction on:
- CEC applications and,
- The 10th set of Ministerial Instructions (MI-10) (effective November 09, 2013)
Background
Effective June 18, 2008, the Government of Canada amended the Immigration and Refugee Protection Act (IRPA). This amendment empowered the Minister of Citizenship and Immigration to issue instructions that:
- Governed the processing of applications and requests and,
- Supported the achievement of the immigration goals set by the Government of Canada
MI-10 applies only to CEC applications received:
- By the CIO in Sydney, Nova Scotia
- On or after November 09, 2013 (refer to the Canada Gazette)
Limits on the Number of CEC Applications Processed Annually
The CIO would only consider processing a maximum of 12,000 new complete CEC applications each year. The overall cap of 12,000 new applications comprises a maximum of 200 complete applications for each occupation at Skill Level B. This is in accordance with the 2011 version of the National Occupational Classification (NOC).
Applicants having the following six occupations cannot use their work experience to qualify for the CEC:
- Administrative Officers (NOC 1221)
- Administrative Assistants (NOC 1241)
- Accounting Technicians and Bookkeepers (NOC 1311)
- Retail Sales Supervisors (NOC 6211)
- Food Service Supervisors (NOC 6311) and,
- Cooks (NOC 6322)
Other features of MI-10 include:
- No sub-cap on CEC applications in NOC Skill Type 0 or Skill Level A occupations
- NOC Skill Type 0 and Skill Level A occupations are subject to the overall cap of 12,000 new and complete applications
- For calculating the overall and occupation-specific caps, the CIO would consider CEC applications based on:
- The date of receipt and,
- Routine office procedures
- The cap year commenced on November 09, 2013 and would conclude on October 31, 2014
- Subsequent cap years would run from November 01 to October 31, unless specified otherwise
Note:
- Complete applications that would be a part of the cap of 12,000 applications denote those applications that:
- Meet the application kit requirements in place at the time of application and,
- Meet all other criteria specified in the MIs
Guidelines for Processing New and Existing CEC Applications
The Guidelines prescribed by MI-10 for processing new and existing CEC applications state that:
- The CIO would consider all CEC applications based on the date the CIO received them
- MI-10 does not apply to CEC applications received prior to November 09, 2013
- The CIO would continue to process applications received prior to November 09, 2013 based on the program requirements effective at the time the CIO received the application
- The CIO would evaluate CEC applications received on or after November 09, 2013 based on the criteria specified in MI-10 to determine the eligibility of the application
- The CIO would take the final decision on the application’s eligibility for processing.
- If the application receives a negative eligibility determination:
- The CIO would return the application to the applicants without processing the fees either
- If the application receives a positive eligibility determination:
- The CIO would continue processing the application
Guidelines for Making the Final Assessment of Eligibility for Processing at the CIO
The CIO would make the final determination of eligibility to process an application if the application is:
- Complete and,
- Meets all criteria specified in the MIs
The CIO would review and confirm that:
- The applicant has claimed at least 12 months of work experience in one or more eligible occupations like:
- Skill Type 0
- Skill Level A or
- Skill Level B
- The applicant has filled in the relevant information in the Schedule 8: Economic Classes – Canadian Experience Class (IMM 0008 – Schedule 8). The applicant must submit this along with the application.
The CIO will not verify the applicant’s work experience with the information given on the NOC description. An officer would verify these details while processing the application.
The CIO would only place those applications into processing that:
- Were received by the CIO on or after November 09, 2013
- Include original, valid test results from a language testing organisation demonstrating that the applicant meets the language threshold set by the Minister for each language skill area pertaining to R74(3) like:
- Reading
- Writing
- Listening and,
- Speaking
- Do not exceed the caps mentioned above
- Do not belong to one of the six ineligible occupations mentioned above
Guidelines for Applications that Enter the Processing Stage
Applications that enter the processing stage remain subject to:
- The requirements of the CEC and,
- Any other requirements prescribed by the IRPA
Officers evaluating the application could reject it if they find that the applicant:
- Has work experience only in one or more of the six ineligible occupations and,
- Does not possess the qualifying work experience in eligible occupations like:
- Skill Type 0
- Skill Level A or
- Skill Level B
For assessing the applicant’s qualifying work experience in the eligible occupations, the officer will evaluate:
- The details of all the applicant’s occupations specified in the IMM 0008 – Schedule 8 form and,
- Any supporting document placed alongside the application
If the applicant:
- Possesses the qualifying work experience:
- The officer would continue to process the file as usual
- Does not possess the qualifying work experience:
- The officer would:
- Express concerns about the applicant’s occupation and claimed work experience
- Give the applicant the opportunity to respond to these concerns in accordance with the principles of procedural fairness
- Accept and review any additional information provided by the applicant
If the additional information:
- Gives the applicant the qualifying work experience, the officer would process the application as normal
- Does not give the applicant the qualifying work experience, the officer would refuse the application
Note:
- Qualifying work experience denotes:
- Authorised full-time (or the equivalent in part-time) of 12 months paid Canadian skilled work experience in,
- One or more occupations eligible occupations like:
- Skill Type 0
- Skill Level A or
- Skill Level B
- Within 36 months preceding the date of receipt of the application
- Qualifying work experience does not include any period of employment where the applicant was:
- Engaged in full-time study or,
- Self-employed
Source: CIC
