The Federal Skilled Worker, The Federal Skilled Trades, The Canadian Experience and Start-Up Business Classes – The Process for Assessing Applications Against the Ministerial Instructions (MIs)
The Centralised Intake Office (CIO) will initially assess the applicant’s submission on an as-is basis. Thereafter, it will make a final determination of eligibility for processing, based on the applicable Ministerial Instructions (MIs).
Therefore, the applicant would need to submit a complete application in accordance with the requirements prescribed at the time of the application. In addition, the applicant would need to meet all the criteria described in the applicable Ministerial Instructions (MIs) in place on the date the officers receive the application. Only then, would the authorities consider the application eligible for processing.
The officers would inform the applicant once they find the application eligible for processing. Typically, the Centralised Intake Office (CIO) will make a positive eligibility determination. Thereafter, the processing will commence. As a result, the processing fees will no longer be refundable from this point onwards.
In some cases, the officers might deem the application ineligible for processing. In this scenario, they will inform the applicant accordingly. The applicant will also receive a refund of the processing fees. However, it is worth noting that the officers will not return the application to the applicant.
Situations could arise where the officers find that the application meets all the criteria of the applicable Ministerial Instructions (MIs). In this scenario, the Centralised Intake Office (CIO) will:
- Make a final positive determination of eligibility for processing
- Place the application into process
- Inform the applicant of this fact and,
- Begin assessing the application against the relevant program requirements
It is worth highlighting that in this case, the authorities will not refund the processing fees.
Similarly, situations could arise where the officers find that the application does not meet all the criteria of the applicable Ministerial Instructions (MIs). In this scenario, the Centralised Intake Office (CIO) will:
- Make a final negative determination of eligibility for processing
- Record the outcome and the reasons for this in the Global Case Management System (GCMS)
- Initiate a refund of the processing fees and,
- Inform the applicant accordingly
Note:
- When they make a final negative determination of eligibility for processing determination, the officers would need to mention their reasons for determination clearly in the Global Case Management System (GCMS)
The Ministerial Instructions (MIs) for Canada Immigration’s Various Classes
Officers might feel the need to go through the various Ministerial Instructions (MIs) applicable to the various classes. For this, they could refer to the table given below.
| Class | Ministerial Instructions (MIs) |
| The Federal Skilled Workers Class | MI 1 – February 27, 2008 MI 2 – June 26, 2010 MI 3 – July 01, 2011 MI 4 – November 05, 2011 MI 5 – July 01, 2012 MI 8 – May 04, 2013 MI 12 – May 01, 2014 |
| The Federal Skilled Trades Class | MI 6 – January 02, 2013 MI 12 – May 01, 2014 |
| The Canadian Experience Class | MI 2 – June 26, 2010 MI 10 – November 09, 2013 MI 12 – May 01, 2014 |
| The Start-up Business Class | MI 7 – March 30, 2013 |
The Federal Skilled Worker, The Federal Skilled Trades, The Canadian Experience and Start-Up Business Classes – The Process for Putting the Application into Process
As mentioned before, the Centralised Intake Office (CIO) will carry out a completeness check. It will also carry out a final determination of eligibility for processing under the relevant Ministerial Instructions (MIs) – if applicable – in place at the time of the application.
Following a positive completeness check and a positive final determination of eligibility for processing under Ministerial Instructions (MIs) (if any) in place at the time of the application, the Centralised Intake Office (CIO) would need to:
- Create a file in the Global Case Management System (GCMS)
- Enter the appropriate code in the Category field in the Global Case Management System (GCMS)
- Cost recover the applicable processing fees and enter the confirmation in the Global Case Management System (GCMS)
- Record the Global Case Management System (GCMS) file number on the paper file
- Send an acknowledgement receipt of the letter to the applicant
- This letter would inform the applicant that the officers have placed the application into processing (and if applicable, transferred the application to another office)
- Transfer the paper file to the processing office in accordance with the existing file transfer policies and,
- Transfer the electronic file to the processing office in the Global Case Management System (GCMS) by making that office the primary office for processing.
Related Links:
Guidelines for Canada Immigration and Refugee Protection Regulations (IRPR)
