The Stage 2 Assessment – The Positive Stage 2 Assessment

The officers would need to finalise processing the application once:

• They receive the results of the various statutory requirements and,
• They find that no inadmissibility is apparent i.e. for which the authorities have not granted the applicant an exemption

To finalise the processing of the application, the officers would need to consider the following aspects:

• The Right of Permanent Residence Fee (RPRF)
  • Humanitarian and Compassionate (H&C) applicants would need to pay the Right of Permanent Residence Fee (RPRF)
  • This is regardless of the age of the principal applicant, except for:
    • Principal applicants who are dependent children of Canadian citizens or permanent residents or,
    • Dependent children of the Humanitarian and Compassionate (H&C) applicants who are in Canada
  • The authorities require applicants to pay the Right of Permanent Residence Fee (RPRF) before they receive permanent residence status for all applications processed in Canada
  • The non-payment of the Right of Permanent Residence Fee (RPRF)
    • Situations could arise where the applicants meet the prescribed requirements but are unwilling or unable to pay the Right of Permanent Residence Fee (RPRF)
    • In this scenario, the officers would need to inform the applicant in writing they will hold the application in abeyance till such time as they receive the Right of Permanent Residence Fee (RPRF) or loan approval
    • The letter sent by the officers would also need to provide the applicant with a specific time period for sending a response
    • In addition, the letter must also specify the consequences of not responding within the specific time period
    • The officers would need to provide the applicant with a reasonable period of time for coming up with the required funds
    • However, they would need to ensure that this does not result in an indefinite or unreasonable delay of a final decision on granting permanent residence
    • In some cases, the officers might feel that after a few months, it is evident that the applicant is unlikely to pay the Right of Permanent Residence Fee (RPRF)
    • In this scenario, the officers would need to make a final negative decision for non-compliance
• The Confirmation of Permanent Residence
  • The officers would need to verify that the criminal, security and medical results for the applicant and any accompanying family members are still valid
  • In addition, they would need to verify that the Certificat de Sélection du Québec (CSQ) is valid and on file (if required)
  • Only after verifying these details would the officers be able to create the Confirmation of Permanent Residence i.e. IMM 5688 / IMM 5292
• The Final Examination Interview
  • At the final and mandatory interview, the officers would need to:
    • Verify that the applicant’s passport has not expired (unless the authorities granted the relevant exemption) and / or verify all the other identify documents for checking that the personal details are correct
    • Ensure that the officers have examined all of the principal applicant’s family members
    • Verify that the applicant and any family members in Canada do not rely on social assistance – if the authorities have not granted them an exemption for A39
    • Ask the required questions to the applicants about criminality, war crimes along with various other statutory questions found in section 6 of the IMM 5669
    • Make the applicants sign and date their Confirmation of Permanent Residence i.e. IMM 5688 / IMM 5292 and,
    • Ensure that the interviewer signs and dates each part of the Confirmation of Permanent Residence i.e. IMM 5688 / IMM 5292
  • No Show: In case the applicant does not attend the confirmation of permanent residence interview, the officers would need to follow the instructions given in the section titled ‘The Loss of Contact with the Applicant’ given subsequently in this document
    • In addition, if there is a loss of contact with the applicant, the officers would need to send the appropriate decision letter to the applicant as well
  • Outstanding Criminal Charges: Situations could arise where information regarding outstanding criminal charges comes to the fore at the final interview
    • In these situations, the officers would need to postpone or reschedule the interviews until the authorities make a final disposition of the criminal charges
    • This is because a conviction could end up making the applicant:
      • Criminally inadmissible or,
      • Ineligible for permanent residence
  • Concurrent Applications: Situations could arise where the authorities grant the permanent resident status to the applicant and the applicant has a pending refugee claim or a pending application for the judicial review of a negative Pre-Removal Risk Assessment (PRRA) or a Refugee Protection Division (RPD) decision
    • In this scenario, the officers would need to notify either:
      • The Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) – in the case of a refugee claim or,
      • The Department of Justice – in the case of a judicial review application
• When the Applicant Has Left Canada
  • Officers might find that the applicant has received a positive Stage 2 decision and the applicant has been removed or has left Canada
  • In this scenario, the officers would need to:
    • Inform the applicant to apply for an Authorisation to Return to Canada (ARC) to the visa office within 60 days of the notification of decision (if required) and,
    • Inform the visa office via e-mail of the positive decision and that the applicant might apply for an Authorisation to Return to Canada (ARC)
  • In case the applicant does not submit an application for the Authorisation to Return to Canada (ARC) within the 60-day period, the officers would need to make a final decision with the information available on file
  • Similarly, if the applicant applies for an Authorisation to Return to Canada (ARC), the visa office would need to process the Authorisation to Return to Canada (ARC) according to the usual procedures (specified in OP1)
    • Once the authorities approve the Authorisation to Return to Canada (ARC) or if the applicant does not require an Authorisation to Return to Canada (ARC), the visa office would need to:
      • Inform the applicant that the applicant is responsible for all travel expenses, cost recovery fees and, if applicable, the repayment of removal costs
      • Collect the relevant fees and,
      • Issue the permanent resident visa and confirmation of permanent resident visa once the applicant satisfies all the prescribed Authorisation to Return to Canada (ARC) requirements